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Posts By: Jason Resnick

August, 2026
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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