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Posts By: Jason Resnick

April, 2026
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…

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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…

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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…

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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,…

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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…

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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…

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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…

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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…

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