Posts By: Jason Resnick
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Federal Court Vacates 2023 AEWR Rule
On August 25, 2025, the U.S. District Court for the Western District of Louisiana issued an order vacating the Department of Labor’s 2023 Adverse Effect Wage Rate (AEWR) Methodology Final Rule, finding it “arbitrary and capricious” under the Administrative Procedure Act. The ruling converts an earlier preliminary injunction into a permanent injunction, providing immediate relief to…
DOL Rescinds H-2A “No-Staggering” Policy: Single Application May Cover Staggered Entry Dates
The Department of Labor (DOL) has announced it will rescind a 2011 Office of Foreign Labor Certification (OFLC) FAQ that barred employers from using a single H-2A application to stagger the entry of H-2A workers as the seasonal need for labor increases. The rescinded FAQ required a “single date of need” for all workers on the application and told employers to “file a separate application…
Court Denies Preliminary Injunction Against California Climate Disclosure Laws
On Aug. 13, 2025, the U.S. District Court for the Central District of California denied the motion by Western Growers, U.S. Chamber of Commerce, the California Chamber of Commerce and other business groups for a preliminary injunction blocking enforcement of Senate Bills 253 and 261. SB 253 requires companies with over $1 billion in annual revenues doing business in California to disclose…
Register Today for AZ/CA Agricultural Employer Seminar
Don’t miss the 18th Annual AZ/CA Agricultural Employer Seminar, taking place Wednesday, September 3, 2025, at the Yuma Civic Center. The event kicks off at 6:30 AM with breakfast and refreshments and will run until 1:00 PM. Jason Resnick, Senior Vice President and General Counsel at Western Growers, will be presenting on three critical topics for agricultural employers: Form I-9…
California Supreme Court Clarifies Arbitration Fee Payment Rules
In Hohenshelt v. Superior Court (Aug. 11, 2025), the California Supreme Court resolved whether California’s arbitration fee payment statute (Code of Civil Procedure §1281.98) is preempted by the Federal Arbitration Act (FAA). Section 1281.98 requires the party that drafted an arbitration agreement – typically the employer in employment disputes – to pay required arbitration fees…
USCIS Confirms Electronic I-94 Satisfies Document-Carrying Requirement
On August 5, 2025, Tyeshia Miller-Williams, Acting Assistant Director of the Office of Partnership and Engagement at USCIS, issued a letter responding to concerns raised by Michael Marsh, President of the National Council of Agricultural Employers (NCAE), regarding the document-carrying obligations of H-2A visa holders under 8 U.S.C. § 1304(e). The statute requires all aliens to carry…
Third Circuit Limits DOL’s Authority in H-2A Enforcement
The U.S. Court of Appeals for the Third Circuit’s decision in Sun Valley Orchards v. U.S. Department of Labor could fundamentally change how H-2A violations are prosecuted. What Happened DOL assessed over $580,000 in civil money penalties and back wages against a New Jersey grower for alleged breaches of its H-2A job order. Under current rules, employers must challenge such findings…
APMA H-2A Certificate Program Begins Aug. 13
Classes begin August 13, 2025 - register today! APMA is pleased to offer the H-2A Temporary Agricultural Workers Visa Program Certificate Program. Sessions 1–8 will be conducted via Zoom, and Session 9 will be held in person and will include a graduation certificate presentation. The location for the final session will be announced soon. Western Growers’ Jason Resnick…