liable to pay employees back pay and benefits. As is so often the case, California has enacted its own version of the law (Cal-WARN) that has more stringent requirements. In The International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 998, et al. v. Nassco Holdings Inc., et al., the plaintiffs alleged that their employer violated Cal-WARN by failing to provide notice before ordering about 90 employees not to return to work for four to five weeks. The California Court of Appeal considered whether the furlough constituted a “layoff” triggering the 60-day notice requirement. In finding that the Cal-WARN Act is broader than the federal WARN Act, the court held that California’s WARN Act requires employers to give employees advance notice of mass layoffs even when the layoffs are not permanent and were less than six months in duration (i.e.., the trigger under the federal statute.) Fortunately, employers are not required to provide a Cal-WARN or federal WARN Act notice to seasonal employees or employees hired for a limited project, so agricultural seasonal layoffs do not trigger a notice obligation. However, an agricultural operation that intends to permanently or indefinitely shut down part or all of its operations (e.g., shutting down a processing plant or stop growing a particular crop
leading resulting in a “mass layoff”) may subject the employer to the statute’s strict requirements.
New Harassment Training Requirements California employers with 50 or more employees currently must provide two hours of sexual harassment training for supervisors every two years. SB 396 expands the subjects that the mandatory supervisor training must include. Beginning January 1, 2018, the two-hour harassment training must include components on harassment based on gender identity, gender expression, and sexual orientation. The training must include specific examples of such harassment. This portion of the training must be presented by trainers with knowledge and expertise in these areas. SB 396 also requires employers to display a new poster regarding transgender rights prepared by DFEH. Conclusion Given the scope of these new laws, employers should carefully review and revise their written policies, procedures, and new-hire packets to ensure compliance.
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STRONGER YIELDS.
Prudential Agricultural Investments brings meticulous care and nurturing to yield success in agricultural financing. With more than 115 years of industry experience, Prudential Agricultural Investments is focused on building lasting relationships. By listening. Sharing. Understanding. And guiding clients to financial solutions, with competitive products, terms and pricing. Learn more at PGIMREF.com/agloans
Roseville William Beyer 916-789-4070 Steve Garland 916-789-4026 Nicole Pedro 916-789-4072
Fresno Frank Oberti 559-437-3262 Johan Dam 559-437-3264
© 2017 PGIM is the primary asset management business of Prudential Financial, Inc. (PFI). PGIM Real Estate Finance is PGIM’s real estate finance business. Prudential, PGIM, their respective logos as well as the Rock symbol are service marks of PFI and its related entities, registered in many jurisdictions worldwide. PFI of the United States is not affiliated with Prudential plc, a company headquartered in the United Kingdom.
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Western Grower & Shipper | www.wga.com
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