New Report Examines Imported Produce Oversight 

January 28th, 2026

The Western Growers Science team recently released a report that examines how imported fresh produce is regulated relative to domestic production and identifies opportunities to strengthen oversight of foreign suppliers. The analysis highlights structural gaps in inspection frequency, reliance on importer-based controls under the Foreign Supplier Verification Program (FSVP) and limited transparency into foreign compliance and enforcement outcomes. As imports continue to account for a growing share of the U.S. produce supply, the findings underscore the need for improved risk-based oversight, stronger verification mechanisms and greater data visibility to better align foreign supplier accountability with domestic food safety expectations. 

Key highlights from the report include: 

  • Imported produce has grown substantially over the past three decades and now represents a significant share of U.S. fruit and vegetable availability. 
  • FDA’s visibility into foreign suppliers is more limited than for domestic operations, including fewer foreign food safety inspections than domestic inspections.
  • Oversight of foreign produce relies heavily on importers through FSVP, with limited publicly available data on program performance or outcomes. 
  • Greater transparency around inspections, enforcement actions and compliance histories could support more effective risk assessment and prevention. 
  • Continued collaboration across government, industry and international partners is essential to ensure imported produce meets the same safety expectations as domestic products. 
  • Opportunities to strengthen foreign supplier oversight include targeted engagement, outreach, improved transparency, deeper analysis of enforcement and sampling approaches and refinement of risk-based oversight. 

To access the full report, click here.

OFLC Plans to Keep H-2A Case Processing Moving During Partial Shutdown

January 30th, 2026

With Congress again on the verge of a federal funding lapse, there is some good news for H-2A employers: the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) is expected to continue processing H-2A labor certification applications, even during a “partial” shutdown. 

Under DOL’s current lapse contingency plan, OFLC’s core processing functions are treated as activities that can continue because they support immigration-related functions that remain funded through employer-paid fees at other agencies. 

However, reporting today indicates that the odds of a shutdown have increased after a Senate deal to avoid a shutdown hit a snag, with funding set to expire at midnight. 

What DOL is saying 

In response to urgent calls from Western Growers, and other stakeholders, DOL’s lapse contingency plan was updated on October 31, 2025, and includes clear direction for Employment & Training Administration (ETA) foreign labor certification work: 

  • “Foreign Labor Certification – OFLC will process prevailing wage determinations and labor certification applications.” 
  • The plan explains that OFLC’s work “precedes” DHS and State visa admission and issuance activities, and that these exempt activities at DHS and State “remain funded by fee revenues authorized by Congress and paid by employers.” 

What it means for H-2A employers 

  • This is a positive development. OFLC will continue to process H-2A labor certifications per the October 31, 2025, lapse contingency plan, during a partial government shutdown. 
  • DOL front-end processing should continue. This helps preserve your intended start dates and keeps cases moving without requiring you to wait weeks for the government to reopen.
  • Expect some delays in the event of a prolonged lapse. The plan itself notes that a prolonged lapse can exacerbate delays for temporary labor certification work, including H-2A. 
  • I-129 petition and visa processing will continue. The petition for nonimmigrant visas (Form I-129) which is processed by USCIS, and visa processing conducted by the State Department, should continue more or less as usual, since these are employer-funded operations that do not stop during a funding lapse. 

Members with questions about H-2A processing during a government shutdown or the H-2A program in general should contact the Western Growers H-2A Services Team. 

EEOC Rescinds Workplace Harassment Guidance

January 29th, 2026

As discussed here, on November 1, 2023, the Equal Employment Opportunity Commission (EEOC) finalized a new anti-harassment resource titled Enforcement Guidance on Harassment in the Workplace (“Guidance”). The Guidance was approved and published by the EEOC on April 29, 2024, and was immediately subjected to legal challenge.  

On May 15, 2025, a federal district court in Texas vacated the gender identity parts of the updated Guidance, finding that the EEOC had exceeded its statutory authority by expanding the definition of “sex” under Title VII “beyond the biological binary.”i At the time, the EEOC responded by simply adding a notation to their website and taking steps to label and shade those portions of the Guidance that the court held were unlawful and vacated.  

On January 22, 2026, the EEOC, in an open Commission Meeting, voted to rescind the Guidance in its entirety. The EEOC majority based its rescission on the belief that the Guidance constituted unauthorized substantive rulemaking beyond what Title VII of the Civil Rights Act of 1964 authorizes. Specifically referenced by the majority was the Texas federal court ruling, which “concluded that the 2024 harassment guidance is contrary to law because it contravenes Title VII’s plain text by expanding the scope of sex beyond the biological binary of male and female, and contravenes Title VII by defining discriminatory harassment to include failure to accommodate a transgender employee’s bathroom, pronoun and dress preferences.”  

The Guidance has been removed from the EEOC’s website.  

What Does it Mean 

For employers, the rescission of the Guidance will have little impact. As EEOC Chair Andrea Lucas stated after the rescission was announced, “rescinding this guidance does not give employers license to engage in unlawful harassment. Federal employment laws against discrimination, harassment, and retaliation, and Supreme Court precedent interpreting those laws, remain firmly in place.”  Doubling down on ongoing EEOC enforcement efforts, Chair Lucas made clear, “[t]he agency will continue to be dedicated to preventing and remedying unlawful workplace harassment.” 

In the absence of official EEOC guidance, employers should continue to: 

  • Follow state and federal antiharassment and discrimination laws; 
  • Continue to conduct timely investigations into all complaints of harassment, discrimination and retaliation; 
  • Carefully consider requests for all forms of accommodation (e.g., medical and religious); and 
  • Continue to require employees to treat everyone – regardless of any protected classification – with respect.   

Best Practices: Managing Performance Issues When Employees Take Protected Leave 

January 29th, 2026

When it comes to managing employee performance issues, many employers struggle with whether or not protected leave—such as leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA)—creates a barrier to addressing legitimate performance concerns. The reality is that employees on protected leave are not per se “untouchable,” and employers retain the right and responsibility to maintain performance standards, provided they comply with all applicable laws. 

Employers are required to safeguard employees’ rights to protected leave under state and federal law, but this does not mean that performance issues must be ignored or reset when an employee requests or takes protected leave. If performance concerns existed prior to the leave, employers can continue to address those issues upon the employee’s return, provided they do so consistently and fairly. Protected leave offers job protection, not immunity from performance management. 

To remain compliant and minimize risk, employers should: 

  • Ensure that all performance issues are thoroughly documented as they occur, and ideally before any leave request is made. Objective documentation is crucial in demonstrating that concerns pre-date the protected leave and are not retaliatory. 
  • Resume or restart performance improvement processes after the employee returns, allowing for a reasonable “ramp up” period rather than simply disregarding past performance records. 
  • Review medical certifications carefully. If the documentation provided for leave is vague or questionable, employers have the right to seek clarification – by going back to the employee – especially when certifications reference stress or anxiety without specifying functional limitations. 
  • Consider performance issues a red flag that should be investigated. Evaluate whether the cited medical condition may explain those issues, and be prepared to engage in the interactive process to determine if a reasonable accommodation exists that will allow the employee to perform the essential functions of their job.  
  • Consult with employment law counsel before taking adverse action to ensure all steps considered comply with state and federal law and to develop appropriate strategies for handling complex cases. 

When facing these types of situations, it’s best to approach them with both empathy and diligence, recognizing the need to support employees who genuinely require leave while also maintaining accountability and supporting business operations. The key is balancing legal compliance with consistent performance management, ensuring that protected leave does not become a stumbling block to the enforcement of legitimate workplace standards. 

ICE Memo Says Administrative Warrant May be Enough to Enter a Home

January 29th, 2026

Reporting this month describes a May 12, 2025, internal ICE memorandum that instructs officers they may enter certain residences to arrest a person who has a final order of removal using an ICE administrative “warrant of removal” (Form I-205), rather than a signed judicial warrant. 

What reportedly changed 

Traditionally, the bright line for a home is that entry generally requires a judge-signed warrant unless an exception applies (consent, emergency circumstances). The reported memo takes a more aggressive position: it treats the I-205, paired with a final order of removal, as sufficient authority to enter the person’s residence to make an arrest, even if entry is refused.  

DHS has defended the approach publicly by emphasizing that the guidance is limited to targeted individuals who have already received immigration process and a final deportation order. 

What is still a major legal question 

The controversy is not about whether ICE can arrest someone with an administrative warrant. It is whether an administrative warrant can be used to cross the threshold of a home without a judge’s signature. Legal experts describe that question as unsettled and likely to be litigated. 

Why it matters 

Even if your operation is not the target, home-entry issues can come up when workers live in: 

  • Employer-provided housing on or near the farm 
  • Shared units with multiple unrelated occupants 
  • Housing operated by a third party (apartments, labor housing providers) 

The memo itself, as described in disclosures to Congress, draws a distinction for third-party residences, noting additional prerequisites like consent, exigency, or a judicial warrant. That distinction matters in communal or employer-connected housing setups where “whose home is it?” is not always clear. 

Practical takeaways 

  • Refresh your “law enforcement contact” protocol for supervisors, housing managers, and HR. 
  • Before being contacted by immigration enforcement at the farm or facility, train staff to ask for documentation, record basic details, and immediately notify a designated company contact and counsel. 
  • Avoid escalation. Do not physically interfere. Also avoid statements that could be interpreted as consent. 
  • If you provide housing, make sure your team understands what areas are private residential space (including curtilage like patios and fenced yards) versus common or work areas, since the legal analysis can turn on that line.  

Business Organizations Applaud Decision to Sideline Senate Bill 310

January 29th, 2026

SACRAMENTO, CA – The coalition of business advocacy organizations that came together almost two years ago to reform California’s Private Attorneys General Act (PAGA) today released the following statement on the failure of Senate Bill 310 to meet the legislative deadline for Senate passage:

“The decision to not move forward on SB 310 this legislative session is the right call, an affirmation of the hard work of the Governor, Legislature, and stakeholders in 2024 to reform and improve PAGA.

“In truth, it should never have come to this. In both spirit and substance, SB 310 sought to again open the door to unscrupulous attorneys seeking costly settlements to their frivolous lawsuits — changes that would have done nothing to help employees.

“We hope the decision to set aside SB 310 will convince legislators to accept the landmark PAGA reform as it now stands, a reform effort that’s already having significant benefits in workplaces across the state.”

The coalition members include the California Chamber of Commerce, the California New Car Dealers Association, the California Restaurant Association, the California Retailers Association, and the Western Growers Association.

CalChamber
The California Chamber of Commerce is the largest, broad-based business advocate to government in California, working at the state and federal levels to influence government actions affecting all California business. As a not-for-profit, we leverage our front-line knowledge of laws and regulations to provide affordable and easy-to-use compliance products and services.

 

FDA Human Foods Program 2026 Priorities: What They Mean for Fresh Produce

January 28th, 2026

The FDA’s Human Foods Program (HFP) recently released its 2026 Priority Deliverables, outlining a broad set of activities focused on food safety, nutrition, prevention and public health. The priorities span a wide range of topics, including contaminants in food, microplastics, the Closer to Zero initiative and other emerging scientific and regulatory issues. For the fresh produce industry, these priorities highlight opportunities to support healthy diets and maintain an abundant and safe food supply; they also underscore the value of continued public-private collaboration to advance this work. 

Western Growers has been advancing work across multiple fronts, with a focus on three priority areas for the fresh produce industry: oversight of imported produce, fresh and processed produce safety and food traceability. 

Oversight and Safety of Imported Food 

This priority area focuses on strengthening oversight and safety of imported foods, including fresh produce, through risk-based approaches, improved data use and cross-border collaboration. Recently, Western Growers released a report examining oversight of imported fresh produce, highlighting challenges and opportunities to enhance transparency, consistency and risk-based oversight. Click here for more information on the report’s findings and recommendations.

Fresh and Processed Produce Safety 

FDA plans to advance multiple produce-focused safety initiatives, including expanded grower training, updated guidance for sprout producers, targeted research, commodity-specific safety initiatives and continued data-sharing efforts. Specifically, the FDA noted the national cantaloupe/netted melon guidance and Western Growers data-sharing efforts as expected deliverables. 

Food Traceability 

FDA’s priorities also include continued implementation support for the Food Traceability Rule, with an emphasis on stakeholder engagement, education and readiness activities. Western Growers has been actively engaging with a range of stakeholders, including through the Food Traceability Partnership and will continue providing feedback on implementation challenges affecting growers and shippers as this work moves forward.  

Looking Ahead 

As FDA’s 2026 priorities advance, Western Growers will continue working with members and other stakeholders to support prevention-focused efforts, data-sharing projects, advance the development of guidance and best practices and assist with the implementation of FDA’s regulations. We will also remain engaged on other broader scientific priorities identified by the FDA—including contaminants in food, microplastics and other emerging issues—as these efforts evolve. 

Members are encouraged to contact Western Growers to share feedback about FDA’s priorities or participate in current and future Western Growers produce safety initiatives. Contact Sonia Salas at [email protected] with any questions. 

To access the full announcement on FDA’s 2026 Priorities, click here 

Statewide Irrigated Lands Regulatory Program: Upcoming Ag Expert Panel Session on February 11

January 28th, 2026

The State Water Resources Control Board (State Water Board) will hold a public working group session for the Second Statewide Agricultural Expert Panel (Panel) on the following date:

Wednesday, February 11, 2026, from 3:00 p.m. to 6:00 p.m. PST.

To register for the meeting, click here.

The session will facilitate Panel deliberations on issues relevant to the Panel charge questions, which ask the Panel to consider the approaches in State Water Board Order WQ 2018-0002, In the Matter of Review of Waste Discharge Requirements General Order No. R5-2012-0116 for Growers Within the Eastern San Joaquin River Watershed that are Members of the Third-Party Group (Eastern San Joaquin Water Quality Order) and State Water Board Order WQ 2023-0081, In the Matter of Review of General Waste Discharge Requirements for Discharges from Irrigated Lands Order No. R3-2021-0040 (Central Coast Ag Water Quality Order).

For more information, please refer to the notice here. If you have additional questions, please email [email protected].

 

 

FDA Launches New Interactive Tool for Total Diet Study Results

January 28th, 2026

On January 27, 2026, The U.S. Food and Drug Administration released a new interactive tool, the Total Diet Study Interface (TDSi), that makes it easier to explore and download results from the agency’s long-running Total Diet Study. Along with the launch of TDSi, FDA also shared the latest round of data from fiscal years 2021 and 2022, expanding the publicly available TDS results to cover 2018 through 2022.  

For more information: Constituent update 

What is Total Diet Study? 

FDA’s Total Diet Study (TDS) is a national monitoring program that collects, prepares and analyzes foods representative of the average U.S. diet. The TDS measures levels of nutrients and chemical contaminants in foods consumed in the United States. Using these data, FDA estimates the average daily dietary intake of nutrients and contaminants for the total U.S. population as well as specific subpopulations, supporting population-level exposure assessment. 

Importantly, the TDS framework enables evaluation of dietary exposure across foods and overtime, supporting more holistic assessments of cumulative exposure rather than relying solely on isolated point-in-time measurements. 

To learn more about the total diet study please visit the FDA website.

How to Interpret TDS Data 

It is important to note that the Total Diet Study (TDS) is not a direct measure of individual health risk, but rather a program designed to estimate dietary exposure at the population level. TDS results are derived from composite, strata-based food samples that are selected and prepared to represent foods consumed by the average U.S. population, rather than individual consumption behaviors, specific brands, or single products. 

Accordingly, TDS data are most appropriately used to evaluate broad exposure patterns, temporal trends, and the relative contribution of foods or food groups to overall dietary exposure, rather than to draw conclusions about risk for any individual consumer or food item. While the TDS includes a wide range of foods and chemical foods, it is not intended to be fully comprehensive of the entire food supply or all possible contaminants. The results should therefore be interpreted as one important input within a broader food chemical safety and risk assessment framework, alongside other data sources and evaluation approaches. 

So, in summary: 

  • TDS estimates population-level dietary exposure, not individual risk. 
  • Data are based on composite, strata-based samples representing typical U.S. diets. 
  • Results are intended for trend analysis and prioritization, not compliance or enforcement. 
  • While broad in scope, TDS is not exhaustive of all foods or contaminants in the food supply. 

To learn more about how the TDS calculates exposure visit the FDA Website.

TDSi The Total Diet Study Interface 

The Total Diet Study Interface (TDSi) is a web-based, interactive platform developed by the U.S. Food and Drug Administration to provide streamlined access to Total Diet Study (TDS) analytical results. Unlike static PDF reports of the past, TDSi allows users to visualize, explore and download TDS data from fiscal years 2018 through 2022 via intuitive dashboards and exportable files. 

What is included in the TDSi 

Dashboard: Visualization dashboards for the data within the system. The TDSi contains three dashboards: 

  • Elements Dashboard – shows analytical results for nutrient and naturally occurring elements tested in foods. These include essential nutrients (like calcium and iron) as well as elements that are often evaluated as contaminants (like arsenic, lead, cadmium and mercury).  
  • Radionuclides Dashboard – displays results for radionuclides in foods, including those from historical fallout and naturally occurring sources.  
  • Pesticides Dashboard – presents data on pesticide residues and pesticide metabolites found in foods. Many of these have regulatory standards under U.S. Code of Federal Regulations.  

Data Exports: Users can download full datasets and summary tables for each category (elements, radionuclides and pesticides) in spreadsheet formats, making the information accessible for independent analysis stakeholders. 

In Summary, TDSi helps stakeholders: 

  • Quickly visualize trends in dietary exposure to nutrients and contaminants. 
  • Compare food levels across food categories and over multiple years. 
  • Export standardized datasets for further analysis or modeling. 
  • Access associated technical context on study design and analytical methods. 

To access the TDSi click here.

Why This Matters 

The TDSi provides a publicly available datasets for understanding dietary exposure to chemical foods across the U.S. food supply. For regulators, researchers, industry and public-health professionals, this tool improves transparency, supports data-driven prioritization and enables more informed discussions around food chemical safety and nutrition trends. 

The TDSi is intended to support exposure characterization, not to serve as a stand-alone measure of risk or a comprehensive assessment of the entire food supply and should be interpreted within the context of its data sources.  

2026 Western Growers Women Leadership Retreat

January 28th, 2026

Registration is only available to Western Growers members.

This retreat will feature a variety of workshops and speakers, including Jim Ferrell, longtime managing partner of the Arbinger Institute and founder of Withiii Leadership in 2021. Jim’s new book, You and We: A Relational Rethinking of Work, Life, and Leadership, will be released on September 16, and all participants in the WGW Program will receive a copy. At the retreat, Jim will lead an experience focused on his groundbreaking work in connectivity and relational leadership. Designed to strengthen your leadership impact, this retreat offers a unique opportunity to connect, grow and recharge in a supportive, inspiring setting. Don’t miss this chance to invest in your personal and professional growth.

Event Details:
Date: March 17 – March 20
Location: Omni Rancho Las Palmas Resort & Spa
Register Here

Dennis Donohue Announces Retirement from Western Growers

January 26th, 2026

After seven years as Director of the Western Growers Center for Innovation & Technology (WGCIT), Dennis Donohue has announced his retirement, effective Jan. 30, 2026.

When Dennis joined Western Growers, he brought more than 30 years of experience in agriculture and a deep passion for innovation. He has since played a critical role in the development and growth of WGCIT and was instrumental during the transition of the WG Innovation Team from Hank Giclas to Walt Duflock, Senior Vice President of Innovation.

Throughout his tenure, Dennis helped drive agtech initiatives, strengthened innovation and programming, fostered meaningful relationships between growers and startups and spearheaded business development efforts for the Center. Western Growers honors Dennis’ contributions and will continue to build on the strong foundation he helped create.

Western Growers is excited to see Dennis step into retirement and enjoy the rewards of a career dedicated to agriculture and public service. Among those accomplishments is his continued commitment to civic leadership. Dennis previously served as Mayor of Salinas from 2006 to 2012 and currently holds that role once again—an extraordinary testament to his devotion to the community. Congratulations, Dennis.

ADEQ Reschedules Virtual Stakeholder Meeting on Yuma PM10 Draft agBMP Rule Amendments

January 23rd, 2026

The Arizona Department of Environmental Quality (ADEQ) is holding a virtual stakeholder meeting to discuss updated draft rule language for the Arizona Administrative Code R18-2-613.01 Yuma PM10 Nonattainment Area; Agricultural Best Management Practices.

ADEQ has canceled its Tuesday, Jan. 27, 2026 online workshop to discuss updates to the draft AgBMP rule amendments.

ADEQ has rescheduled this online workshop to Thursday, Feb. 5, 2026, at 1 p.m. Arizona time. This is a virtual stakeholder meeting to discuss updated draft rule language for the Arizona Administrative Code R18-2-613.01 Yuma PM10 Nonattainment Area; Agricultural Best Management Practices.

DETAILS:

Date: Feb. 5, 2026

Time: 1 p.m. Arizona Time

Location: Online | Register via GoToWebinar

After completing the registration, you will receive a confirmation email containing information on how to join the meeting. Please share this registration information with anyone that you think should participate, but encourage them to register themselves rather than giving them a copy of your personal invite link (emailed to you upon registration).

If you previously registered for the canceled Jan. 27, 2026, meeting, and you plan to attend the new Feb. 5, 2026, meeting, you will need to register again using the new link.

For more information about this rulemaking and State Implementation Plan revision, please visit the Yuma PM10 Nonattainment Area web page here.

About ADEQ
Under the Environmental Quality Act of 1986, the Arizona State Legislature established the Arizona Department of Environmental Quality in 1987 as the state agency for protecting and enhancing public health and the environment of Arizona. For more information, visit azdeq.gov.

Business Coalition Urges Legislature To Reject Senate Bill 310

January 23rd, 2026

(Jan. 23, 2026) SACRAMENTO, CA  – A historic reform between business groups and labor to reduce abusive lawsuits and expedite recovery for employees is once again under attack, this time by newly amended legislation in the California Legislature.

Senate Bill 310, which failed to move forward in 2025, is back in play and threatens to unleash a torrent of frivolous wage and hour litigation lawsuits against employers of all sizes – the very lawsuits curbed by the deal struck in 2024 to overhaul the state’s Private Attorneys General Act (PAGA).

Last fall, a report by leading employment law firms found that the reform was already leading to faster settlements, more narrowly focused lawsuits, and greater collaboration between employers and employees.

A broad coalition worked hard to craft the PAGA agreement and believes those efforts will be washed away should the newly amended bill move forward.

“SB 310 undermines the PAGA deal in 2024.  The recent amendments do not change this,” said CalChamber President & CEO Jennifer Barrera. “Just as businesses are beginning to see benefits from the effort two years ago to curb lawsuit abuse, legislators are offering unscrupulous lawyers a new way to game the system.”

SB 310 would allow attorneys to sidestep state oversight and use the threat of automatic statutory penalties as a tool to leverage higher settlements. It also exposes small businesses to costly litigation instead of utilizing the early resolution process agreed upon in the 2024 PAGA reform.

The organizations that fought to craft the 2024 agreement – the California Chamber of Commerce, the California New Car Dealers Association, the California Restaurant Association, and the Western Growers Association – are asking legislators to reject SB 310 and stand behind the landmark law enacted less than two years ago. In all, more than 120 companies have signaled their opposition to the bill.

“We accomplished so much less than two years ago in the landmark reform proposal endorsed by the Governor and both houses of the Legislature,” said California New Car Dealers Association President Brian Maas. “We urge the Senate to stand by that agreement.”

“The costs to businesses, and ultimately customers, from frivolous lawsuits are staggering,” said Western Growers Association President & CEO Dave Puglia. “SB 310 would easily re-open those floodgates.”

“Simply put, SB 310 is bad for business,” said California Restaurant Association President & CEO Jot Condie. “There were good reasons it didn’t move forward last year, and it shouldn’t move forward in 2026.”

“The reemergence of this bill is a bad case of legislative déjà vu,” said California Retailers Association President Rachel Michelin. “Lawsuit abuse was rampant before the PAGA reform we achieved and now is not the time to go backwards.”

Read the full press release here.

CalChamber
The California Chamber of Commerce is the largest, broad-based business advocate to government in California, working at the state and federal levels to influence government actions affecting all California business. As a not-for-profit, we leverage our front-line knowledge of laws and regulations to provide affordable and easy-to-use compliance products and services.

New Federal “No Tax on Overtime” Deduction Doesn’t Apply to California Ag Workers

January 23rd, 2026

Public Law 119-21 (the “One, Big, Beautiful Bill Act”) created a new federal income tax deduction for certain overtime pay beginning with the 2025 tax year.  

The deduction only applies to “qualified overtime compensation” required by the federal Fair Labor Standards Act (FLSA). In general, the deductible amount is the overtime premium portion (for example, the extra “half” in time-and-a-half), not the full overtime wages. 

What this means for California farmworkers 

Most California farmworkers are paid overtime because California law requires it, not because federal law does. That matters because employees “employed in agriculture” are generally exempt from FLSA overtime. 

California overtime rules for agricultural workers remain in place (including overtime after 8 hours in a day or 40 in a week, plus seventh-day rules). But because that overtime is typically not “required under” the FLSA, many California farmworkers will not be able to use the new federal overtime deduction. 

What about farmworkers in other states that have overtime for farmworkers?

The same issue arises in other states that require overtime for agricultural employees under state law, such as Colorado, Hawaii, Oregon, and Washington. Even though farmworkers in those states may receive overtime pay, that overtime is generally required by state law, not the FLSA. As a result, state-mandated agricultural overtime in those states is also not eligible for the federal “no tax on overtime” deduction.

What about farm office employees? 

Farm office employees typically are not covered by the FLSA agriculture overtime exemption, and many are entitled to overtime under federal law if they are non-exempt. In those cases, their FLSA overtime premium may be “qualified overtime compensation” for the federal deduction. 

Employer reporting and payroll next steps 

The IRS has issued guidance for 2025 implementation, including how employees may substantiate the deduction and how employers may report qualified overtime compensation. 

What employers need to know 

Talk with your payroll provider now about how they plan to track and report any FLSA-qualified overtime for non-exempt staff. Do not change California overtime practices for agricultural workers based on this tax rule. 

Employers and employees should consult their tax advisor for how the deduction applies to their specific situation. 

Nevada H-2A Prevailing Wage Update: $16.63 Applies Broadly to Most Farm Jobs 

January 23rd, 2026

Nevada growers and FLC’s using H-2A should take a close look at job classifications this season. Nevada’s prevailing wage for “Farm Labor, All Crops, All General Labor” is $16.63 per hour (effective 9/25/2025). This is the broadest “Farm Labor, All Crops” category and generally covers most general farm tasks across crops, including core field work, equipment operation, and irrigation. 

DETR tried to pull the survey back, and OFLC said no 

After the survey was validated, Nevada’s State Workforce Agency (DETR) asked the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) to rescind Nevada’s 2025 prevailing wage surveys, arguing the survey methodology was flawed. OFLC rejected the request, explaining that DETR did not provide sufficient evidence to justify rescission despite multiple follow-ups, and confirmed the surveys remain valid through September 24, 2026. 

Why this matters: the prevailing wage may now set the floor 

Under H-2A rules, employers must pay the highest of: 

  • the AEWR, 
  • the state or federal minimum wage, 
  • the prevailing wage (if any), or 
  • a CBA rate (if any). 

For many Nevada farm jobs, the $16.63 prevailing wage will now control because it is higher than the Nevada minimum wage and the 2025-2026 AEWR. 

Two common Nevada farm classifications: broad vs. narrow 

Nevada’s wage findings create a practical decision point when building job orders and payroll practices: 

1) “Farm Labor, All Crops, All General Labor” (prevailing wage: $16.63) 

  • Broad category that can cover general farm tasks across crops. 
  • Commonly implicated when the job includes a mix of duties, including equipment operation and irrigation. 

2) “Farm Labor, Crop and Field, Harvest, Farm/Ranch Hands” (prevailing wage: $16.28) 

  • Narrower subset focused on core hands-on crop/field work, harvesting, and ranch-hand type duties. 
  • According to the SWA, it generally excludes more “specialized” tasks such as repairs, driving, and machine operations. 

Practical compliance tips 

  • Match the rate to the duties, not the job title. If the job includes irrigation, equipment operation, or driving as routine duties, assume the broader $16.63 category may apply. 
  • Document the duty mix. If you intend to use the narrower $16.28 rate, your job description and actual daily work should reflect that narrower scope. 
  • Watch out for “Hay Alfalfa, Management/Supervisors”: The prevailing wage for this work is $25.61 per hour.  Although some DETR analysts have attempted to apply this rate to all hay and alfalfa farmworkers, we have successfully advocated for restricting it to supervisors and managers only.  

Members with questions about the Nevada prevailing wage or the H-2A program in general should contact the Western Growers H-2A Services Team. 

Western Growers Women: Arbinger Developing & Implementing an Outward Mindset (DIOM) Workshop

January 21st, 2026

Based on curriculum developed by the Arbinger Institute, which aims to help people and organizations shift from a self-focused, inward mindset to an impact-focused, outward mindset for individual development, creating a high-performing team or transforming an organization. This two-day, discussion-led, workshop will help you and your team dramatically improve performance by addressing conflicts, silos and morale issues at the source: mindset. During the course, participants will be equipped with the knowledge and practical tools to experience a shift in mindset from an inward focus to a more situationally aware of outward focus. This knowledge will provide you with the foundation of accountability, collaboration and communication that improves performance and offers a sense of empowerment.

This Arbinger DIOM course is a prerequisite to Arbinger Outward Leadership. The WGW program will be offering Arbinger Outward Leadership in Summer 2026. This event is open to Western Growers Women program members. If you have questions, please contact Cierra Allen at [email protected].

Workshop Details
Date: February 4-5, 2026
Time: 9:00 AM to 4:00 PM PT
Location: CA Fresh Fruit Association
Register Here

Register for the Navigating PAGA Reforms: Practical Compliance Strategies for California Agricultural Employers Webinar

January 21st, 2026

This program has been submitted for SHRM and HRCI recertification credits.

Join Erica Rosasco, Esq. as she presents this dynamic webinar designed for WG members looking to navigate California’s Private Attorneys General Act (PAGA). With a focus on the agricultural industry’s unique labor and operational challenges this program will highlight recent PAGA reforms and explain how employers can take advantage of the new rules to reduce penalties, limit liability and resolve issues early.

Topics include common PAGA claims in agriculture, wage and hour compliance, meal and rest period issues in field and processing environments, recordkeeping requirements and arbitration considerations. The program will emphasize the importance of proactive compliance auditing, including how to conduct internal audits, identify high-risk areas and implement corrective actions that may qualify employers for reduced penalties under the updated PAGA framework.

Attendees will gain practical, actionable strategies to strengthen compliance programs, minimize litigation exposure and protect both their workforce and operations.

Webinar Details
Date: Thursday, February 12, 2026
Time: 11:00 a.m. – 12:30 p.m. PDT
Register Here

 

Compliance to Impact – Making Continuous Improvement Count 

January 21st, 2026

In food safety, continuous improvement is a critical element. It is explicitly called out in regulations and food safety schemes. It is at least as important as meeting baseline compliance requirements, and arguably more important.  

Compliance requirements are the universal minimum, a starting point that is applicable to all organizations and businesses. Continuous improvement is the concerted effort that moves an organization up the risk management pyramid. As a result, compliance is the foundation or entry point on which we build customized and focused improvements towards risk-based management.   

While continuous improvement is an easy concept to talk or write about, it is a much harder concept to quantify, measure and practice. In food safety, the inability to calculate impact or return on investment (ROI) is commonly stated as a significant barrier to adoption and investment in new programs, processes, and technologies. If value cannot be shown, it is often challenging to decide to invest.  

Even worse, if systems are not designed to quantify the impact of the improvement from the new investment, it becomes unclear if the system in place is even functioning at all. Without defined metrics, the question becomes – Did the system fail? Or did we fail to measure it? 

One advantage of my role is the opportunity to meet with people to see how they approach the “measurement” and “continuous improvement” concept. The most consistent advice I give food safety professionals is to start with intention. Design the process, project or investment so that adoption, impact and timing are documented from the outset. Too often, small incremental changes are made with no record that they even occurred. 

As you consider ways to quantify or measure improvement, here are some examples to evaluate: 

For environmental monitoring programs (EMP), treat seek and destroy as a measurable strategy.  

  • Document efforts to look for niches that your general EMP may not find. Conduct intensive swabathons on a schedule (quarterly, bi-annually, annually) and chart where observations are found.  
  • Consider looking for more than Listeria species or Salmonella. Indicator groups or index genes may give you more signal sooner on where difficult to clean areas are, and, with some side-by-side testing, you can insight between the pathogen/indicator relationships.  
  • Compare swabathon results over time and against routine EMP performance. 
  • Use normalized metrics such as percent positive by zone, site, or season, and connect EMP results to sanitation and operational data (e.g., results per pound produced, per amount of sanitizer used, or per crew size). 

Equipment and infrastructure investments  

  • For new wash line investments, cooler, etc., define metrics before installation. 
  •  Examples can include: reduction metrics on consumer complaints, decreased shrink at retailers/customers,  1-2 day shelf life improvements. 

People and Culture 

Food safety culture requires intentional cultivation. Otherwise, you get a culture, but it might be far from the one you want. 

  • Incentivize the behaviors you want. Reward employees for finding positives in EMPs, for reporting deviations, for being proactive about finding opportunities for improvement. 
  • Capturing how many training or tailgate meetings you do is not a meaningful metric. Those are activities, but not truly outcomes. It is important to connect them with demonstrable value if you want to claim they are powerful.  
  • Avoid relying on “it’s the right thing to do” expectations. If you want to intentionally drive behavior and culture, demonstrate to employees how much it matters to you with actions. 
  • Reward employees for their efforts – gift cards, close parking spots, gifts, company swag. A little appreciation goes an enormous way.  
  • Don’t fixate on rewarding groups/practices that seem “perfect”. Instead, embrace those who identify issues and fix them. Normalize wanting to find “failures” routinely…this will lead to a seek and destroy culture as opposed to making it look like we are flawless (we never are). 

Continuous improvements are critically important. We must be diligent about finding ways to measure what matters to show value, return on investment, and to cultivate the cultures we need.  

These efforts should not be viewed as food-safety-only initiatives. Improvements in food safety almost always improve quality, consumer trust, employee engagement, and organizational mindset. When designed intentionally, continuous improvement becomes a catalyst for broader operational excellence. 

Join Western Growers in Supporting the USDA’s Voice of the Farmer Garden! 

January 20th, 2026

Western Growers has partnered with the Farm Journal Foundation to bring the U.S. Department of Agriculture’s (USDA) Voice of the Farmer Garden to the National Mall in Washington D.C. – and we would love your support.

Under the oversight of USDA Natural Resources Conservation Service Chief Aubrey Bettencourt, the new interactive learning space will be a permanent outdoor exhibition where visitors can learn about American agriculture’s contribution to U.S. food security, national security, culture, economic growth and more. The garden will feature a wide variety of crops grown in America, as well as informative signage and a mobile phone walking tour with videos of farmers telling the story of agriculture in their own voices.

Currently the Garden needs financial as well as in-kind support, including crops, irrigation, agtech equipment and consultants. Details about the levels of support can be downloaded by clicking here.

For more information, please contact Ann Donahue, WG’s Director of Marketing and Communications, at [email protected], or Tricia Beal, CEO of the Farm Journal Foundation, at [email protected].

Revised Ag Expert Panel Sessions for Statewide Irrigated Lands Regulatory Program

January 21st, 2026

The State Water Resources Control Board (State Water Board) is holding several upcoming working group sessions for the Second Statewide Agricultural Expert Panel. The Panel will be discussing, evaluating and taking testimony regarding – among other regulatory issues – appropriate amounts of nitrate applications per crop and whether the state water board should establish formal limits.

Note that the Meeting Agenda has been recently revised. You can view the revised Meeting Agenda here.

These discussions will directly impact farming operations and future regulatory requirements. Farmers are strongly encouraged to participate and share input during these important meetings.

The workshops will be held on January 21, 2026 from 3 p.m. to 6 p.m. and on January 29, 2026 from 3 p.m. to 6 p.m. PST. Registration is required.

For any additional questions, please email [email protected].