- Written by Jennifer Schermerhorn, Rebecca Hause-Schultz, and Hannah Fortin
Annual Update for Allowable Meal Charge
Yesterday, March 21, 2018, the Annual Update to Allowable Charges for Agricultural Workers’ Meals and for Travel Subsistence Reimbursement was published in the Federal Register here. Notably, the maximum amount employers may charge workers for meals has changes, as it is altered based on the Consumer Price Index for All Urban Consumers for Food, which is updated annually. This year, the change was 1.6 percent, altering the allowable meal charge from $12.07 to $12.26 ($12.07 X 1.016 = $12.26). H-2A employers are not permitted to charge a worker more than $12.26 per day for meals without the approval of the OFLC Certifying Officer.
- Written by Hannah Fortin
It has been requested that we provide an update on Acosta v. Valley Garlic, Inc. To provide some background on the case, Valley Garlic, Inc. (“Valley Garlic”) hired Farm Labor Contractor (“FLC”) X-treme Ag, Inc. (“X-Treme Ag”) to harvest garlic. In 2015, there was a car accident where a field worker recruited by X-treme Ag fell asleep at the wheel while transporting employees home from Valley Garlic fields in Gilroy, CA. X-Treme Ag did not have authorization to transport employees, and it also came to light that the driver did not have a valid driver’s license. This incident led the Secretary of Labor to file suit against Valley Garlic, X-Treme Ag, and a number of other named individuals.