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Court Upholds Oregon Packaging Responsibility Law

A federal district court has upheld Oregon’s “Plastic Pollution and Recycling Modernization Act” against constitutional challenges brought by the National Association of Wholesaler-Distributors (NAW). The law requires producers of packaging, paper and food-service products sold in Oregon to participate in a producer responsibility organization and pay fees intended to fund the state’s…

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Court Invalidates H-2A Wage Rule but Leaves Current Rates Temporarily in Place

A federal district court has ruled that the U.S. Department of Labor’s 2025 Interim Final Rule establishing the current Adverse Effect Wage Rate methodology is unlawful. The court, however, did not immediately vacate the rule. Current AEWRs therefore remain in effect while DOL develops a replacement methodology.  In United Farm Workers v. U.S. Department of Labor, the Eastern…

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USCIS Denials Highlight New Scrutiny of Form I-129 Signatures

USCIS has begun denying some Form I-129 petitions based on concerns about the validity of the employer’s signature. In several recent cases, USCIS has noted that signatures appeared identical to those submitted with previous filings and concluded that the signatures had been electronically applied or copied rather than placed on the form by the authorized signatory.  The denials follow…

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USCIS Restores Authority to Deny Petitions Without Chance to Cure

U.S. Citizenship and Immigration Services (USCIS) has issued new guidance restoring officers’ discretion to deny immigration benefit requests, including H-2A petitions, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence is missing.  Under the prior policy, USCIS officers generally were directed to issue an RFE or NOID…

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Western Growers Joins Supreme Court Brief in Sun Valley H-2A Case

Western Growers has joined a coalition of national and state agricultural organizations in an amicus brief filed with the U.S. Supreme Court in Department of Labor v. Sun Valley Orchards, LLC. The National Council of Agricultural Employers organized the coalition, and the Southeastern Legal Foundation drafted the brief.  The case arose after the U.S. Department of Labor assessed…

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Court Affirms 99% Reduction in $56 Million PAGA Penalty Demand

A California Court of Appeal has affirmed a trial court’s decision to reduce nearly $56 million in requested Private Attorneys General Act penalties to approximately $516,000. The 99% reduction is reportedly the largest reduction of a PAGA penalty demand in the law’s history.  The published decision, Taduran v. James R. Glidewell, Dental Ceramics, Inc., provides employers with…

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AB 2646: California’s Latest Attempt to Price Agriculture Out of California

AB 2646, authored by Assemblymember Maggy Krell, has, as of this writing, cleared the Assembly on a 58-16 vote and has now been taken up by the Senate. The bill would establish a new California minimum hourly wage of $19.75 for “approved agricultural employees” and “corresponding employees” beginning Jan. 1, 2027, with annual increases tied to the Social Security cost-of-living…

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New H-2A Wage Rates Effective August 3

The U.S. Department of Labor’s Employment and Training Administration has published updated Adverse Effect Wage Rates for H-2A non-range occupations. The new rates take effect August 3, 2026, in most states.  The rates reflect updated Occupational Employment and Wage Statistics data for the July 2026 through June 2027 wage year. Under the wage methodology adopted by DOL last year,…

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California Minimum Wage Will Increase to $17.40 in 2027

California’s statewide minimum wage will increase from $16.90 to $17.40 per hour effective January 1, 2027. The increase is an automatic annual adjustment based on inflation under California law.  The increase applies to employers of all sizes, although certain industries and local jurisdictions may require higher minimum wage rates. Employers should review the applicable state, local…

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House-Passed Bill Would Accelerate First Union Contracts Through Binding Arbitration

The U.S. House of Representatives passed the Faster Labor Contracts Act (H.R. 5408) on June 9, 2026, by a bipartisan vote of 230–193. The bill would significantly change federal labor law by imposing firm deadlines on negotiations for an initial collective bargaining agreement and permitting arbitrators to establish binding contract terms when the parties cannot reach agreement. The…

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Cal/OSHA Reminds Employers to Strengthen Heat Illness Protections

With high temperatures affecting much of California, Cal/OSHA has issued a new advisory reminding employers to protect employees from heat illness in both outdoor and indoor workplaces.  Heat illness can develop quickly and may be fatal. Employers should review their heat illness prevention procedures with supervisors and employees, confirm that required protections are in place,…

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SB 399 Litigation Update: Ninth Circuit Hears Argument in Challenge to California’s “Captive Audience” Law

As previously reported here, Western Growers, the California Chamber of Commerce and coalition partners challenged SB 399, California’s so-called “captive audience” statute, and secured a preliminary injunction blocking enforcement of the law while the case proceeds. The district court found that SB 399 likely violates the First Amendment and is preempted by the National Labor…

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Cal/OSHA Publishes Modifications to Proposed “Worker Walk-Around” Rule

As previously reported by Western Growers, Cal/OSHA has proposed a California version of the federal OSHA “worker walk-around” rule that would define who may accompany a Cal/OSHA inspector during the walk-around portion of a workplace inspection. Cal/OSHA has now published revisions to the proposed text and is accepting written comments on the modifications until 11:59 p.m. on July 16,…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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