Posts By: Jason Resnick
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H-2A Worker Protection Rule Blocked in 17 States; H-2A Form Changes Delayed Indefinitely
A U.S. District Judge has issued a 17-state injunction against a Labor Department regulation that would have allowed farmworkers on H-2A visas to unionize. This decision, however, is specifically limited to the states and plaintiffs involved in the suit, as the court did not find it appropriate to implement a nationwide injunction. The injunction does not apply in states Western Growers members…
Essential Updates to H-2A Forms Are Coming
The Department of Labor has introduced significant revisions to the H-2A program forms ETA-790/790A and 9142A, which will take effect on August 29, 2024. These changes aim to enhance the transparency and accountability of the H-2A application process and ensure compliance with the latest regulatory requirements. Below are the key updates H-2A employers need to know: Form ETA-790/790A…
Federal Court Blocks FTC’s Noncompete Ban
A federal judge has blocked the Federal Trade Commission's (FTC) noncompete rule, which was set to take effect on September 4, 2024. The U.S. District Court for the Northern District of Texas ruled on August 20, 2024, in Ryan, LLC v. FTC, that the rule is unlawful. The court's decision not only prevents enforcement of the rule against any company nationwide but also concludes that the FTC lacks…
California High Court Limits PAGA Plaintiffs’ Rights to Challenge Settlements
In a closely watched decision, the California Supreme Court recently delivered a significant ruling affecting the landscape of representative actions under the California Labor Code Private Attorneys General Act (PAGA). In a 5–2 split decision, the Court held that a plaintiff bringing a representative action under PAGA does not have the right to intervene in another PAGA action involving…
Western Growers Wins H-2A Appeal
In a significant legal victory, Western Growers' Senior Vice President and General Counsel, Jason Resnick, successfully challenged the denial of an H-2A application on behalf of Morrison Chopping, LLC. The decision by the United States Department of Labor's Board of Alien Labor Certification Appeals (BALCA) to reverse and remand the final determination is a welcome development where such…
Upcoming Webinar: 2024 H-2A “Farmworker Protection” Final Rule
The Department of Labor's Office of Foreign Labor Certification (OFLC) will host a webinar on August 7th at 12:00 PM PT. This session aims to inform program users and stakeholders about the 2024 H-2A "Farmworker Protection" Final Rule. Event Details: Date and Time: Wednesday, August 7, 2024, at 12:00 PM PT (1 hour) Registration: Not required Capacity: 1,000…