On Monday, March 28, 2022, the Agricultural Labor Relations Board issued an administrative order in the case of Cinagro Farms, Inc., 2017-CE-008-SAL inviting the parties and interested amici to file briefs addressing several issues related to how misclassification of workers should be handled under the Agricultural Labor Relations Act. 

To aid in the consideration of these issues, the Board is inviting the parties and interested amici to address the following questions:

(1)    Is the ALRB bound by Labor Code section 1148 to follow the National Labor Relations Board decision, Velox Express, Inc. (2019) 368 NLRB No. 61?

(2)    If the ALRB is not bound to follow Velox Express, should the Board adopt a rule finding an agricultural employer’s misclassification of agricultural employees as independent contractors constitutes a per se violation of Labor Code section 1153, subdivision (a)?

(3)    If the Board finds an agricultural employer willfully misclassified agricultural employees as independent contractors, what is the scope of the Board’s authority to assess civil penalties pursuant to Labor Code section 226.8, if any?

The parties and any interested amici may file briefs not exceeding 20 pages in length on or before May 27, 2022. The parties (but not amici) may file responsive briefs not exceeding 30 pages in length no later than June 13, 2022. No other briefs will be accepted. Motions for extensions of time will not be granted absent extraordinary circumstances. All briefs shall be filed with the Board electronically pursuant to Board Regulation 20169 (Cal. Code Regs., tit. 8, § 20169).

The parties and amici are reminded to serve all case participants.

Selected case pleadings and transcripts are reproduced below and a copy of the Board’s administrative order is available at Board Administrative Orders (2022). Additional case pleadings may be requested by e-mailing Santiago.Avila-Gomez@alrb.ca.gov.