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Posts By: Jason Resnick

January, 2026
OFLC Plans to Keep H-2A Case Processing Moving During Partial Shutdown

With Congress again on the verge of a federal funding lapse, there is some good news for H-2A employers: the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) is expected to continue processing H-2A labor certification applications, even during a “partial” shutdown.  Under DOL’s current lapse contingency plan, OFLC’s core processing functions are…

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ICE Memo Says Administrative Warrant May be Enough to Enter a Home

Reporting this month describes a May 12, 2025, internal ICE memorandum that instructs officers they may enter certain residences to arrest a person who has a final order of removal using an ICE administrative “warrant of removal” (Form I-205), rather than a signed judicial warrant.  What reportedly changed  Traditionally, the bright line for a home is that entry generally…

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New Federal “No Tax on Overtime” Deduction Doesn’t Apply to California Ag Workers

Public Law 119-21 (the “One, Big, Beautiful Bill Act”) created a new federal income tax deduction for certain overtime pay beginning with the 2025 tax year.   The deduction only applies to “qualified overtime compensation” required by the federal Fair Labor Standards Act (FLSA). In general, the deductible amount is the overtime premium portion (for example, the extra “half” in…

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Nevada H-2A Prevailing Wage Update: $16.63 Applies Broadly to Most Farm Jobs 

Nevada growers and FLC’s using H-2A should take a close look at job classifications this season. Nevada’s prevailing wage for “Farm Labor, All Crops, All General Labor” is $16.63 per hour (effective 9/25/2025). This is the broadest “Farm Labor, All Crops” category and generally covers most general farm tasks across crops, including core field work, equipment operation, and…

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California DMV Pauses Limited-Term CDLs, Cancellations Continue into March 2026

California employers who rely on limited-term (non-domiciled) commercial driver’s licenses should plan for continued disruption through at least early March 2026. In response to federal compliance action, California DMV has stopped issuing non-domiciled commercial learner’s permits (CLPs) and CDLs, and it is moving forward with cancellations affecting thousands of existing…

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Mission Mexico Imposes New Consular Screening for H-2 Visa Applicants in CDL-Type Positions 

Separate from California’s CDL developments, Mission Mexico issued guidance dated January 8, 2026, imposing additional screening requirements for H-2 visa applicants seeking to operate commercial motor vehicles in the United States.  What the guidance requires  Effective immediately, Mission Mexico-registered H-2 agents processing cases for applicants who…

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Court Grants Partial Injunction on California Law Authorizing PERB to Govern Private Sector Labor Relations, but Leaves Unfriendly Amendment to ALRB intact

Signed into law September 20, 2025, AB 288 amends the Labor Code to expand the jurisdiction of California’s Public Employment Relations Board (PERB), a state agency with the authority to enforce federal labor law in the absence of action by the National Labor Relations Board (“NLRB” or “Agency”), and allow PERB to resolve private sector issues of federal labor law and grant…

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