California Ag Network

Category: News

  • Piece-Rate Safe Harbor Payments Under Legal Challenge

    Sacramento, Calif., (April 20, 2017) – A case filed in federal district court for the Central District of California challenges the 4% calculation method for safe-harbor payments under AB 1513.

    In Juan Sandoval et al. v David M Lanier et al., Case No. 5:16-cv-02309, a group of agricultural employees filed a class-action lawsuit alleging that the 4% method of calculating back-pay payments to piece-rate employees under the safe-harbor provisions does not accurately compensate employees for wages they are owed and allows an employer to pay them less than they are entitled.

    The safe-harbor provisions of AB 1513 for compensating piece-rate employees for uncompensated nonproductive time (NPT) allowed an employer to either compensate employees for the actual amount of NPT due between July 1, 2012, and Dec. 31, 2015, or calculate 4% of the employee’s gross wages in piece-rate pay periods during that time and pay that amount as full compensation for the NPT.

    After selecting one of the two methods and following the guidelines for repayment, an employer obtained the ability to assert an affirmative defense to claims for recovery of wages, damages, liquidated damages, statutory penalties, or civil penalties for uncompensated NPT.

    In this case, plaintiffs allege the 4% method does not fully compensate them and that the only permissible method should be the actual amount due method.

    The lawsuit claims that by allowing employers to use the 4% method and have a safe-harbor defense, the defendants violated the United States Constitution by engaging in an unlawful taking under the Fifth Amendment and allowed employers to violate the Contracts Clause. Plaintiffs further allege that the 4% method of calculation violates the Supremacy Clause because it conflicts with provisions in the Migrant and Seasonal Agricultural Worker Protection Act.

    What This Means for Employers: This case was filed on November 4 and is still in the early stages of the litigation process. If successful, the constitutional challenge could undo the safe-harbor affirmative defense obtained by employers who used the 4% calculation method. Employers who used that method should watch this case closely, as it may affect their ability to defend themselves in pending or future litigation.

    Source: FELS Newsletter, April 2017

  • Enough Water For 10 Million Lost Every Year

    Berkeley, Calif., (April 20, 2017) – A new study by Dr. David L. Sunding of U.C. Berkeley confirms the devastation done to all Californians by a broken water-management system ruled by more than 15 federal, state and local agencies.

    For more than 20 years of this regulatory quagmire the state has lost an average of 1.3 million acre feet of water per year by flushing it out to the ocean, enough annual supply to sustain more than 10 million Californians or grow over 21 billion salads.

    With 55,000 acres of farmland being fallowed each year since 2000, our ability to provide California with food that is healthy, affordable, and available is also shrinking. The new study predicts that without changes to the system, we will see an additional 195,000 acres of land fallowed each year over the next 30 years, which will hit consumers squarely in the pocketbook. In addition, we may have to import more food which not only costs more, it does not carry the same safety standards as food grown here and hurts the environment.

    And the negative statewide impacts don’t stop there.

    Job losses will continue to mount and could cost the state more than 21,000 jobs every year over the next 30 years. And while 11,000 of those jobs would be farmworkers, the others include food processing jobs, truck drivers, warehouse workers and more.

    The broken system has already cost urban communities more than $5 billion. If we continue down this same path, water districts are poised to spend an additional $10.1 billion over the next 30 years just to make up for water cutbacks.

    We’re all grateful for this year’s wet winter, but it does not solve our long-term management problems. To do that, we must all work together using sound science and common sense to make smart choices about allocation that benefit all, including farmers, urban consumers and the environment.

     

  • Tulare High School Sophomores, Apply NOW for Youth Leadership!

    Tulare, Calif., (April 19, 2017) – High school sophomores in Tulare County are encouraged to apply for the 2017-2018 Tulare County Farm Bureau Youth Leadership Class. Applications are due by May 1, 2017.

    TCFB’s Youth Leadership Program began in 1983 as an opportunity for juniors in high school to develop their leadership skills. Since then, the program has trained over 500 young adults, many of which have gone on to pursue agricultural fields of study in college and beyond.

    Students are not required to have a connection to agriculture or Farm Bureau but should demonstrate an interest in developing leadership qualities and be able to take advantage of this program through active participation.

    Participants must be able to commit to an eight-month program that features monthly seminars that focus on topics such as county and state government processes, leadership, team building, community service, and exposure to careers in agriculture. The program concludes annually with a Sacramento experience to visit our state’s capitol, meet with elected state officials, and participate in a lobbying exercise.

    The application can be found at www.tulcofb.org by following the Application Forms tab. After the Youth Advisory Committee reviews the paper applications, students are selected for interviews, and the class is selected in early summer. Notification Letters are sent to all applicants, both chosen and those not chosen for the program.

    For more information about TCFB’s Youth Leadership Program, email tcfb@tulcofb.org.

  • Fresno County Farm Bureau Centennial Gala

    Fresno, Calif., (April 18, 2017) – The deadline to RSVP for the birthday party-of-the-century is a week from today!  Don’t miss out on this momentous occasion!

    Who: YOU!  FCFB members, ag supporters and the community are invited to attend.

    What: FCFB’s Centennial Gala

    Where: Clovis Veterans Memorial District, 808 4th St., Clovis

    When: Friday, May 5, Social at 5:30 p.m., Dinner and Program at 6:30 p.m.

    Why: We’re celebrating 100 years of service to the agricultural industry!  Fellowship with other Valley agriculturalists, visiting memories from the past, looking towards the future, enjoying a fabulous dinner from The Painted Table and listening to tales from sports legend Bill Walton are just a few of the reasons you need to attend.  Centennials do not come around too often!

    Tickets can be purchased at www.fcfb.org or you may contact FCFB at 559-237-0263.

    Let’s share a toast together!  See you May 5!

  • USDA California Crop/Weather Report

    Sacramento, Calif., (April 18, 2017) – Another warm and wet week for most of the State as an active pattern kept rains over the northern 2/3 of the State. A developing storm system in the Four Corners region brought cooler temperatures to the State on Friday, but temperatures recovered quickly with dry conditions for the weekend.

    Weekly rainfall totals reached two to four inches across the central Sierras near Tahoe, the windward slopes of the central/northern Sierras, and the northwestern mountains. The northern valley, including Redding, saw similar rainfall amounts. Lesser rainfall totals were seen along the coast and across the valley, where one inch of rainfall was the norm. The southern valley received about half an inch. Non-mountainous locations south of Bakersfield largely missed out on the precipitation.

    Temperature highs were in the 40s to 60s in the mountains, 60s to 70s along the coast and the valley, and 70s to 90s in the desert. The temperature lows were in the 20s to 40s in the mountains, 30s to 50s in the desert and the valley, and 40s to 50s along the coast.

    Winter forage crops were maturing well. Oats were being cut, dried, and baled. Alfalfa fields were being cut and baled. Corn was both being planted and germinating.

    Grapevines continued to leaf out.  Due to the continued sporadic rains, fungicides were being applied to vineyards.  Stone fruit trees continued leafing out.  Thinning of immature stone fruit continued.  Both mechanical and chemical weed control continued in orchards.  Old vineyards and orchards continued to be pushed out to make way for new plantings.  New orchards were being planted.  The late Navel orange harvest neared completion.  Navel oranges continued to experience rind issues.  Valencia orange harvest continued at an accelerated pace.  Orange groves were being hedge rowed and skirted.  Seedless tangerines were being netted to prevent cross pollination by bees during the bloom.  Olive trees were blooming.  In Stanislaus County, early varieties of cherries were turning red.  Herbicides were being applied to orchard floors.

    Pistachios and walnut trees continued blooming and leafing out.  In Stanislaus County, field fumigations for almond pre-plants were occurring frequently.  In San Joaquin County, walnut orchard pruning was winding down.  New orchard planting continued.

    Processing tomato fields were being planted throughout the State using transplants.  This is expected to continue for the next several weeks.  The asparagus harvest was well underway in the northern part of the State.  The cold nights limited production in the Capay Valley, while demand remained strong.  Lettuce and Brassicas were harvested in the Salinas Valley, though there were delays due to rain.  Cucumbers continued to grow under hot caps in Tulare County, though their increasing size will require caps to be removed soon.  Additional summer vegetables were planted without hot caps.  Bell peppers were planted in Fresno County and harvested in Imperial and Riverside counties.  Squash was growing and blooming in Tulare County and harvested in Riverside County.  Cantaloupes were transplanted in Stanislaus County and harvested in Imperial County.  In the Coachella Valley, harvest had begun for green beans and eggplant.

    Sunny warm weather and sufficient soil moisture has promoted range grass and forb growth. Foothill rangeland and valley dryland pasture forage quality was reported to be in good to excellent condition. Supplemental feeding of livestock was diminishing in response to the favorable range conditions. Sheep grazed on retired pasture and dormant alfalfa. Bees were active in some stone fruit orchards. Some bees were moved out of state as the fruit and nut bloom season was winding down.

  • Orchard Calibration Field Day

    Orchard Calibration Field Day

    April 18, Calif., (April 18, 2017) – Come join us at the Orchard Calibration Field Day on Tuesday April 25th, 2017 from 8:00am to 1:00pm at the Nickels Soil Lab in Arbuckle, CA

    The agenda is as follows:

    • 7:15-8 AM: Sign-in, light breakfast, and coffee
    • 8 – 9 AM: Overview of equipment, best practices
    • 9 – 11 AM: In-field orchard calibration exercises 11-12 PM: Summary/wrap up of in-field observations
    • 12 PM: Lunch
    • (Instructor and equipment available from 1 – 3 PM for questions/ additional demo requests)
    • 4 hours of CEU & CCA credits pending Instructor: Matt Strmiska, ADAPTIV

    UC Farm Advisor, Franz Niederholzer available for questions

    Questions: Franz Niederholzer (530) 458-0570 Peter Bjorklund (707) 322-3729 Dawn Brunmeier (209) 323-9081

     

     

     

  • Celebrating the 100th California Naturalist Class

    Santa Rosa, Calif., (April 17, 2017) – This spring, the 100th California Naturalist class is being offered in Sonoma County – the very same county where we first piloted the curriculum. The UC Agriculture and Natural Resources California Naturalist Program is designed to introduce Californians to the wonders of our unique ecology and engage the public in study and stewardship of California’s natural communities. The program mission is to foster a diverse community of naturalists and promote stewardship of California’s natural resources through education and service. California Naturalist certification courses combine classroom and field experience in science, problem-solving, communication training and community service. Students are taught by an instructor and team of experts who are affiliated with the University of California, local nature-based centers, community colleges,  land trusts, or natural resource focused agencies such as California State Parks and cooperating “friends groups.”

    What inspired the first California Naturalist class? Georgia, Florida, Texas and 22 other states have Master Naturalist-like programs, so why not California? After all, California is a global biodiversity hotspot filled with nature enthusiasts. It took a volunteer, Julia Fetherston, to get excited about the potential for a California program before our director Adina Merenlender was convinced to attend the 2005 National Master Naturalist Annual Conference in Estes Park, Colo. She was impressed with the impact these programs were having and decided to see what we could do in the Golden State. A good deal of effort followed to advance the cause within UC, secure grant funding, write the California Naturalist Handbook, develop ways to work with organizations across the state, and build a team to run California Naturalist. In 2012, we officially launched the program with five intrepid institutional partners (Santa Rosa Junior College/Pepperwood Foundation, Pacific Grove Museum of Natural History, UC Santa Cruz Arboretum, UC Berkeley Sagehen Creek Field Station, and Santa Barbara Botanical Garden). Four years later California Naturalist received Program of the Year from the national network, the Alliance of Natural Resource Outreach and Service Programs.

    The 100th California Naturalist class is being offered at Stewards of the Coast and Redwood this spring. Stewards of the Coast and Redwoods is a non-profit, environmental and interpretive organization that works in partnership with California State Parks in the Russian River Sector of the Sonoma Mendocino Coast District to support volunteer, education and stewardship programs. Participants in this year’s spring class have worked hard on a wide range of capstone projects, including multiple wildlife monitoring citizen science projects, improving fish habitat in the watershed, and creating educational materials on ticks, wetland birds, water quality and more. Co-instructors Meghan Walla-Murphy and David Berman have been teaching California Naturalist courses since 2013, first with Occidental Arts and Ecology Center and now with Stewards. Meghan is the author of Fishing on the Russian River and a well-respected wildlife tracker whose workshops are not to be missed. David is an extraordinary environmental educator, watershed expert, and Project Wild facilitator with the Sonoma County Water Agency.

    Now that we have 100 classes under our belt, oh, the places we can go! California Naturalist is a community of practice started deliberately with the goal of gaining natural history knowledge. We are working on releasing a citizen science challenge to provide an opportunity for California Naturalists to discover more about California’s ecosystems – Discovery!

    Surveys show that California Naturalists feel more empowered to address environmental challenges after their training and knowing they can lean on their fellow naturalists. We would like to know more about how California Naturalists are participating in civic engagement. With a new volunteer management system on the horizon, we plan to learn more about the many ways Naturalists are becoming involved in issues that affect their communities. – Action!

    In particular, what activities are Naturalists doing that will help communities and natural ecosystems be more resilient to climate change – improving habitat connectivity, restoring riparian areas, or pre/post fire management?  We are looking for support to start an advanced training aimed at helping today’s climate stewards learn more about climate science and adaptation to support their efforts on climate-wise – Stewardship!

    Congratulations to the graduates of the 100th California Naturalist class and all those who went before you.

  • UC Updates Costs and Returns of Growing Processing Tomatoes

    Davis, Calif., (April 14, 2017) – UC Agricultural Issues Center has released an updated study on

    UC Agricultural Issues Center has updated its estimated costs of producing transplanted processing tomatoes under subsurface drip irrigation in the Sacramento Valley.

    the costs and returns of producing transplanted processing tomatoes under subsurface drip irrigation in the Sacramento Valley and northern Delta region.

    The analysis is based upon a hypothetical well-managed farming operation using practices common to the region. The costs, materials and practices shown in this study will not apply to all farms. Growers, UC Cooperative Extension farm advisors and other agricultural associates provided input and reviewed the methods and findings of the study.

    The hypothetical 3,500-acre farm, focuses on production costs for growing transplanted processing tomatoes under subsurface drip irrigation on 60-inch beds in San Joaquin County and the lower Sacramento Valley.

    The authors describe the assumptions used to identify current costs for production, material inputs, cash and non-cash overhead. Ranging analysis tables show profits over a range of prices and yields. Other tables show the monthly cash costs, the costs and returns per acre, hourly equipment costs, and the whole farm annual equipment, investment and business overhead costs.

    Gene Miyao examines a transplanted tomato plant. Photo courtesy of Davis Enterprise

    The new study, “Sample Costs to Produce Processing Tomatoes, Sub-Surface Drip Irrigated (SDI) in the Sacramento Valley & Northern Delta – 2017,” and sample cost-of-production studies for many other commodities are available for free. To download the cost studies, visit the UC Davis Department of Agricultural and Resource Economics website at http://coststudies.ucdavis.edu.

    For additional information or an explanation of the calculations used in the studies, contact the Agricultural Issues Center’s Donald Stewart at (530) 752-4651 or destewart@ucdavis.edu, Brenna Aegerter, UC Cooperative Extension farm advisor for San Joaquin County at bjaegerter@ucanr.edu, or Gene Miyao, UC Cooperative Extension farm advisor for Yolo, Solano and Sacramento counties at emmiyao@ucanr.edu.

    The cost and returns program is funded by the UC Agricultural Issues Center, which is part of UC Division of Agriculture and Natural Resources, and the UC Davis Department of Agricultural and Resource Economics.

     

  • Tulare County Reports on Current Crop Status

    Visalia, Calif., (April 14, 2017) – Tulare County Agricultural Commissioner released the current status today of Major crops in the most valued county in the California Ag portfolio. They report that Winter forage crops are maturing well. Oats are being cut, dried, and baled. Some alfalfa fields are being cut and baled. Corn is both being planted and germinating.

    Grapevines continue to leaf out. Due to the continued sporadic rains fungicides are being applied to vineyards. Stone fruit trees continue leafing out. Thinning of immature stone fruit continues. Almonds are being exported to Belgium, Hong Kong, Japan, Korea, Mexico, the Russian Federation, Trinidad and Tobago, and Vietnam. Pistachios and walnut trees continue blooming and leafing out. Pistachios are being exported to Belgium, Germany, Hong Kong, India, the Netherlands, Spain, Turkey, and Vietnam. Both mechanical and chemical weed control continues in orchards. Old vineyards and orchards continue to be pushed out to make way for new plantings. New orchards are being planted.

    The late navel harvest is nearing its end. Navels continue to experience rind issues. Navel orange exports continue to Australia, China, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Korea, Malaysia, Mexico, New Zealand, Peru, the Philippines, Singapore, Taiwan, and Thailand. Valencia orange harvest continues at an accelerated pace. Valencia oranges are being exported to China, Japan, and Korea. Star Ruby grapefruit are being picked, with most of the fruit being packed for the domestic market and exported to Chile. Mandarins are being shipped to Australia, El Salvador, Guatemala, Japan, Korea, and Peru. Minneola tangelos are being exported to Japan and the Netherlands. Lemons are being shipped to Japan. Orange groves are being hedge- rowed and skirted. Seedless tangerines are netted to prevent cross pollination by bees during the bloom. Some olive trees are blooming.

    Cucumbers continue to grow under hot caps, though their increasing size will require caps to be removed soon. Early planted Summer squash continue to grow and bloom. Additional summer vegetables are being planted without hot caps. Blueberries were exported to Taiwan. Strawberries fields are being harvested and sold at roadside stands.

    Sunny warm weather is allowing rangeland forage to grow rapidly. Recent rains will continue to benefit rangeland forage growth. Range and pasture conditions remain excellent. The fed cattle price is at $126.00 per hundred weight.

    Only a few bare root roses are being shipped now. Due to the warm weather there has been an increase in the shipment of wholesale nursery stock. Mature olive trees continue to be dug for landscaping purposes.

  • California State Fair Announces Agriculturalist of the Year Vineyard of the Year, Wine Lifetime Achievement and Champions of Technology Awards

    Sacramento, Calif., (April 13, 2017) – The California State Fair announces the recipients of the prestigious 2017 agriculture awards, which will be presented at the annual Friends of the California State Fair Gala. These awards recognize the accomplishments and service of key individuals and organizations that contribute to California’s agriculture industry growth and prosperity and are the highlight of the evening at the State Fair Gala on Thursday, June 22, 2017.

    The Gala raises funds for The Friends of the California State Fair Student Scholarship Program. This program seeks to support well-rounded, high academic achievers and gives over $47,500 in scholarship’s in more than 14 categories including agriculture.

    Join the California Exposition and State Fair, Friends of the California State Fair, and the California State Fair Agricultural Advisory Council in congratulating the 2017 award recipients, as we celebrate the best of the best.

    Agriculturalist of the Year – Thomas “Tom” Nassif – Tom Nassif took the leadership reins of the Western Growers Association in 2002. His broad and distinguished leadership experience, along with his background as a labor attorney for the agricultural industry, made him a natural choice to lead the fresh produce industry into a new era. Through coalition building and an aggressive approach to addressing the key issues confronting the industry, Tom took Western Growers to a new level of prominence and influence.

    Tom’s remarkable career is highlighted by his service in President Ronald Reagan’s administration in several capacities. In 1981, he was appointed Deputy and Acting Chief of Protocol for the White House, in 1983 he became Deputy Assistant Secretary of State for Near East and South Asian affairs and in 1985 he received the appointment by President Reagan to be his ambassador to the Kingdom of Morocco where he served until 1988.

    The Agriculturalist of the Year award is defined as someone who has contributed extensively and in a professional capacity to California’s agricultural industry. Each year, the public is invited to participate in an open nomination process. The California State Fair Ag Advisory Council met on March 21 to vote on all the nominees.

    Wine Lifetime Achievement Award – Paul Draper is a California winemaker who recently retired after 46 years as the chief winemaker at Ridge Vineyards in California. Draper gained recognition for his 1971 Monte Bello Cabernet Sauvignon when it placed fifth at the Judgment of Paris wine tasting. Paul has played a significant role in the history of California wine through his pioneering work in popularizing “vineyard-designated” wines as well as instigating the resurgence of old vine Zinfandel. Paul is considered one of the most important figures in the history of Californian Zinfandel, rescuing the grape from obscurity and demonstrating its full potential as a serious wine.

    The Lifetime Achievement Award recognizes a person, family or institutions who are pioneers in the wine industry based on their lifetime contributions to the California wine industry. Each year, the California State Fair Wine Advisory Task Force puts forth recommendations and selects a final honoree through an open meeting process.

    Vineyard of the Year Award – Dutton Ranch Vineyard farms a total of 1,100 acres of premium quality wine grapes using the Sustainable Winegrowing Program. Of the 1,100 acres, they own and lease approximately 860 acres and manage approximately 240. Chardonnay and Pinot Noir are the predominant varieties growing in the Dutton Ranch vineyards. They have 17 different clones of Chardonnay and 14 different clones of Pinot Noir planted. All of their vineyards are in the Sonoma Coast AVA.

    The Vineyard of the Year recognizes the California vineyard that consistently, over several growing seasons, produces grapes which have contributed directly to wine of superior quality and marketability within commercial sales systems and among fine wine. Each year, the California State Fair Wine Advisory Task Force puts forth recommendations and selects a final honoree through an open meeting process.

    Champion of Technology Awards – Bryan M. Sastokas is the 2017 Individual Champion of Technology.

    Bryan is the Chief Information Officer and Director of Technology & Innovation Department for the City of Long Beach. He has over 20 years of experience in the public and private sectors where his approach to innovation has enabled the city’s technology to be a community asset, more than an internal resource. Though only appointed in 2015, his leadership allowed the city’s Technology and Innovation Department to receive the CIO 100 award in 2016, where Long Beach was the only city among the 100 honorees nationwide.

    Aira is the 2017 Project/Organization Champion of Technology.

    Aira, founded in 2015 in San Diego, California, is a national and international leader in providing cutting-edge technology for the blind and visually impaired. Through a pair of smart glasses, Aira connects consumers to certified agents who are on standby to take a live video to see from the perspective of the consumer and provide instant visual interpretation of labels, signs and the surrounding environment. Aira is innovative in that it has leveraged a convergence of different technologies such as Augmented Reality, wearables, miniaturized sensors, widespread bandwidth, GPS data, and human assisted artificial intelligence.

    The Champion of Technology Awards recognize an (i) individual and (ii) company or organization that has made significant contributions to the lives of Californians through technology industries. Each year, the California Department of Technology manages the open nomination process and presents a final recommendation to the California State Fair.

    To support the State Fair Gala and Student Scholarship program on June 22, 2017 please email gala@calexpo.com.