Grower associations challenge UFW, California's piece-rate compensation law
Correction: A previous version of this story stated the UFW alleged Gerawan exposed peach workers to pesticides, but this was an incorrect characterization of what the UFW actually alleged and the sentence has been retracted.
With California’s new piece-rate compensation law now in effect, the Western Growers Association and the California Fresh Fruit Association are preparing for possible repercussions for at least two Californian producers.
Assembly Bill No. 1513, passed in fall 2015, establishes payment of a separate hourly wage for “nonproductive” time, such as rest and recovery time, for piece-rate employees.
The organizations filed a “friend-of-the-court” brief last week in support of a lawsuit that challenges the legislation, which they allege does not provide an adequate safe harbor for employers from class action lawsuits over back wages.
The lawsuit against the bill alleges pressure from the United Farm Workers lead to a manipulation in wording that does not provide protections for Fowler Packing and Gerawan Farming.
“In August, 2015, after negotiations concluded and AB 1513 was presented to the Legislature, the UFW demanded amendments targeting Fowler Packing and Gerawan Farming, two employers targeted by the UFW on issues unrelated to the issues at the heart of AB 1513,” WGA and CFFA said in a joint press release.
Western Growers president and CEO, Tom Nassif, said his organization was proud to support action against the provisions.
“It is unseemly and shameful that the Legislature allowed the UFW to demand provisions that carve out two farm employers from a law that was otherwise thoughtfully crafted to get money to thousands of farm workers quickly and without subjecting employers to predatory class action lawsuits,” Nassif said in a press release.
California Fresh Fruit Association President Barry Bedwell clarified that opposition to AB1513 is specifically targeted at certain provisions, and not at the entire law. He described the two employers in question as “exemplary in their relationships and interactions with employees.”
Photo: www.shutterstock.com
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