Posts By: Jason Resnick
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Supreme Court Limits Glyphosate Warning Claims
The U.S. Supreme Court issued a significant pesticide-labeling decision this week in Monsanto Co. v. Durnell, holding that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts state-law failure-to-warn claims seeking to require a cancer warning on EPA-approved Roundup labels. In a 7-2 decision authored by Justice Brett Kavanaugh, the Court reversed a Missouri…
New H-2A Dairy Guidance Clarifies Existing Rules
New federal guidance has been published by U.S. Citizenship and Immigration Services (USCIS) addressing when dairy operations may qualify for the H-2A temporary agricultural worker program. While the announcement has generated interest across agriculture, the practical impact appears limited: the guidance clarifies that dairy-related work may qualify for H-2A only when the employer can…
Western Growers Urges DOL to Clarify Joint Employer Rule for Agriculture
Western Growers recently submitted comments to the U.S. Department of Labor’s (DOL) Wage and Hour Division in response to its proposed rulemaking on joint employer status under the Fair Labor Standards Act, Family and Medical Leave Act and Migrant and Seasonal Agricultural Worker Protection Act. As discussed here, the Notice of Proposed Rule Making (NPRM) proposes the adoption of a single…
17 States Challenge California’s SB 54 Plastics Packaging Law
A coalition of 17 states, led by Nebraska Attorney General Mike Hilgers and joined by the National Association of Wholesaler-Distributors, filed a federal lawsuit this week challenging California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, commonly known as SB 54. The lawsuit seeks to block enforcement of the law, arguing that California has exceeded its…
Litigation Update: Lawsuit Challenges California’s “Truth in Recycling” Law; Environmental Groups Challenge SB 54 Agricultural Commodity Packaging Exclusion
Western Growers and a broad coalition of agricultural, food, packaging and business associations appeared last week before U.S. District Judge William Q. Hayes in the Southern District of California on plaintiffs’ motion for preliminary injunction in California League of Food Producers, et al. v. Bonta. The lawsuit challenges California’s SB 343, the “Truth in Recycling” law, which…
House Agriculture Chair Proposing Reforms to H-2A Program
House Agriculture Committee Chair G.T. Thompson (R-Pa.) is developing legislation to include significant reforms of the H-2A agricultural guestworker program as part of a broader effort to address ongoing labor challenges in agriculture. According to recent news sources, the proposal is expected to include several major modifications to the existing program, including expanding…
AB 2646: Proposed H-2A Wage Mandate Advances to Senate
AB 2646 would establish a new California minimum hourly wage of $19.75 for certain agricultural employees, including H-2A workers and domestic workers in corresponding employment, beginning January 1, 2027. Each year thereafter, the wage would increase by the same cost-of-living adjustment applied to Social Security benefits. This proposed wage mandate would be layered on top of…
DOL Issues FAQ Requiring English Language Proficiency Language for H-2A and Other CMV Drivers
The U.S. Department of Labor’s Office of Foreign Labor Certification has issued a new FAQ addressing minimum job requirements for foreign workers who will operate commercial motor vehicles (CMVs) under temporary or permanent labor certification programs. The FAQ confirms that job orders and applications requiring a foreign worker to operate a CMV must now expressly include an…
Summer Heat Is Coming: What Agricultural Employers Should Do Now
With summer approaching, California agricultural employers should begin preparing now for heat-related risks in the workplace. Cal/OSHA continues to prioritize heat illness prevention through enforcement, outreach, and education, including the work of its Agricultural Enforcement Task Force. California’s heat illness prevention rules remain among the most rigorous in the nation.…
Western Growers Joins Amicus Brief in California Supreme Court Water Case
Western Growers recently joined a coalition amicus brief filed with the California Supreme Court in Bring Back the Kern v. City of Bakersfield, a closely watched case addressing the intersection of fishery protection requirements and California’s constitutional reasonable use doctrine. The case centers on Fish & Game Code section 5937, which requires dam operators to release sufficient…
U.S. Supreme Court to Review DOL’s Enforcement Power in H-2A Case
The U.S. Supreme Court has agreed to hear U.S. Department of Labor v. Sun Valley Orchards, LLC, a closely watched case that could significantly affect how the Department of Labor enforces H-2A program and other violations and assesses civil money penalties against agricultural employers. The Court granted review on April 27, 2026, and is expected to hear the case during its next term…
USDA PACA Tribunal Rejects Constitutional Challenge to Reparations Process
In a notable victory for Western Growers member Del Mar Packing, LLC, the U.S. Department of Agriculture denied Respondent Melon Corp.’s motion to dismiss in a pending USDA PACA reparations case. The motion challenged the constitutionality of USDA’s long-standing administrative process for resolving disputes under the Perishable Agricultural Commodities Act (PACA). The ruling allows Del…
Plaintiffs Seek Preliminary Injunction to Halt Enforcement of California SB 343 Recyclable-labeling Ban
As reported here, on March 17, 2026, Western Growers and 20 additional trade associations representing retailers, restaurants, packaging suppliers and cosmetic, food, paper product and pet food manufacturers sued the California Attorney General to block enforcement of California SB 343’s ban on the use of the term “recyclable” or the chasing arrows symbol on products or packaging that do…
DOL Proposes Unified Joint Employer Standard
The U.S. Department of Labor (DOL) is set to publish a Notice of Proposed Rulemaking (NPRM) that would adopt a single joint-employer standard under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The proposal is more detailed than prior frameworks and would give employers greater clarity about what…
A Century in the Fields—Progress, Persistence and the Road Ahead
As Western Growers marks its 100th year, I find myself approaching a milestone of my own—23 years representing the fresh produce industry. When I arrived in May 2003, I could not have imagined how dramatically the legal and regulatory landscape would evolve, nor how often we would find ourselves navigating uncharted territory. Looking back, certain themes remain constant: labor shortages,…
DOL to Host H-2A Compliance Seminar in Salinas on April 21
The U.S. Department of Labor Wage and Hour Division will host an in-person H-2A compliance seminar for Monterey County agricultural employers on April 21, 2026, from 10:00 a.m. to 12:00 p.m. at America’s Job Center of California in Salinas. According to the invitation, speakers from the WHD San Jose District Office will outline enforcement priorities for the 2026 agricultural season and…
Best Practices to Reduce PAGA Liability
Recent changes to the Private Attorneys General Act (PAGA) continue to reinforce a practical point for California employers: liability under PAGA is no longer just about whether a violation occurred, but also whether the employer can demonstrate it took “all reasonable steps” to comply. That showing can make a meaningful difference in penalty exposure. Penalty reductions happen where…
OFLC Rescinds Nevada Prevailing Wage Rates
Western Growers previously reported that Nevada’s prevailing wage for “Farm Labor, All Crops, All General Labor” was $16.63/hour (effective 9/25/2025). However, Nevada’s H-2A wage landscape recently changed. What changed The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) rescinded Nevada’s prevailing wage survey rates on March 17, 2026, and…
Updated H-2A Travel Subsistence and Meal Rates Effective April 7, 2026
The U.S. Department of Labor has issued its annual update to allowable H-2A meal charges and travel-related subsistence reimbursement rates. These updates are effective April 7, 2026. For purposes of H-2A compliance, employers should take note of the following key figures: Minimum daily subsistence rate (no receipts): $16.78 per day Maximum daily subsistence rate (with…
Broad Arbitration Agreements Upheld
A recent California Court of Appeal decision confirms that broadly worded arbitration agreements, even those covering “all claims,” can be enforceable when drafted and implemented properly. The case provides useful guidance for employers navigating the line between expansive coverage and unconscionability challenges. The Case In Ayala-Ventura v. Superior…