Michael Saqui will be presenting a Hot Topics in Labor and Employment Law Seminar on April 3, 2019. For more information, you can download the flyer.

We will continue to inform you of upcoming seminar dates and locations. We are here when you need us!


Navigating labor relations issues offers an ever-changing minefield for local companies, but an upcoming seminar will give employers updates regarding union access, hot topics in employment law, overtime issues in agriculture and improving employee relations by implementing better communication methods.

Are you a partner in a partnership or member in an LLC?

If able, most partnerships (including LLCs taxed as partnerships) likely will want to “opt out” of the new centralized audit regime enacted under the Bipartisan Budget Act of 2015 (“BBA”) on their upcoming tax return.  If unable to opt out (as discussed below), we still recommend certain amendments to your partnership or operating agreements.

If the partnership does not choose to opt out, among other consequences, current partners potentially are liable for former partners’ tax liabilities under the BBA and related IRS regulations.  As such, in most circumstances, we believe partnerships should opt out of the new audit rules if eligible.  Note that the California Franchise Tax Board (FTB) will respect the opt-out, but not necessarily other decisions allowed under the BBA.

One In The Same: Agricultural Grower Compels Staffing Agency Employees To Arbitration Without Having Its Own Arbitration Agreements

This week, the Second District Court of Appeal upheld an earlier decision that ruled a temporary staffing agency’s arbitration agreement with employees is enforceable in a dispute between the employees and the assigned agricultural employer. In Vasquez v. San Miguel Produce, Inc., two staffing agency employees brought forth a complaint alleging that they weren’t properly paid wages, given meal and rest breaks, provided wage statements or timely paid after termination. Rather than sue both the staffing agency and its client-employer, the employees elected to only name San Miguel Produce, the client-employer, as a Defendant. San Miguel Produce filed a cross-complaint seeking indemnification against the staffing agency, Employer’s Depot, Inc., arguing that they were an indispensable party to the suit. Further, San Miguel Produce sought to compel the employees to arbitration as the employees signed arbitration agreements with Employer’s Depot. The trial court denied San Miguel’s petition to compel arbitration as the agreements were signed.

Happy Thursday, everyone! Save the dates for our Upcoming Seminars!


We will be presenting an Ag Business Compliance Seminar with the Lodi District Grape Growers Association on February 28, 2019. For more information, download the flyer.

We will be presenting an ALRB Access Refresher Seminar on March 21, 2019. For more information, download the flyer.


We will continue to inform you with seminar dates and locations. We look forward to watching your business thrive through the year. We are here when you need us!

Walmart’s Response to Truck Driver Shortage? Pay Nearly $90,000 a Year

As many of you know, there is a nationwide shortage of truck drivers and several employers have experienced issues with not only hiring truck drivers but retaining quality truck drivers. According to the American Trucking Association, the United States could be short 175,000 truck drivers by 2026. In response, Walmart has announced that they are looking to hire hundreds of truck drivers in addition to the 1,400 that were hired in 2018. To entice truck drivers and decrease the high turnover rate, Walmart has revamped their orientation initiatives to get drivers on the road more quickly and they have expanded their benefits, including an increase in salary. Walmart stated that starting February 2019, Walmart drivers will now earn, on average, $87,500 a year. This is over $40,000 more than the average truck driver, according to 2017 statistics from the Department of Labor. Additionally, Walmart will provide a one-cent-per-mile increase in pay—this means truck drivers will now make 89 cents per mile on average and approximately $87,500 a year.

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