In Memoriam 2020: Called Home and not forgotten

It goes without saying that the most valuable assets in the produce industry are its people who dedicate their livelihoods and careers to producing, supplying and working for the fruit and vegetable industry.  Since our last meeting in February 2020 we have lost many from our watermelon family who we will not forget.  Let’s look back on those who have been called home.

A decade later, FDA still working on congressional mandate known as FSMA

Ten years ago the FDA Food Safety Modernization Act (FSMA) was signed into law and Congress’ mandate was clear: We must prevent outbreaks from happening in the first place.  A decade later, what can we say has been accomplished?


Extension of amendments to certain regulations in H-2A Program

DHS will continue to allow H-2A employees whose extensions of stay H-2A petitions are supported by valid temporary labor certifications issued by the U.S. Department of Labor to begin work with a new employer immediately after the extension of stay petition is received by USCIS. DHS will apply this temporary final rule to H2A petitions requesting an extension of stay, if they were received on or after December 18, 2020, but no later than June 16, 2021.





Federal Judge Stops Final Rule to Calculate AEWR Rates

The court orders that defendants are prevented from implementing the November 5, 2020 Final Rule amending the DOL’s regulations governing the AEWR calculation methodology and are ordered to operate under the 2010 Rule as it pertains to calculating the AEWRs.  The parties are ordered to meet and confer within fourteen (14) days to submit a proposed order that includes deadlines by which defendants will set the 2021 AEWRs in accordance with this order and other legal requirements. 

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Forgiven PPP Loans are non-taxable

Working with a coalition of hundreds of associations, the group was able to convince Congress (in the recently passed COVID relief package) to specify that forgiven Paycheck Protection Program (PPP) loans will not be included in taxable income.  It also clarifies that deductions are allowed for expenses paid with proceeds of a forgiven PPP loan, effective as of the date of enactment of the CARES Act and applicable to subsequent PPP loans.  This means the proposed legislation would overturn IRS Notice 2020-32 and Revenue Ruling 2020-27.