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Posts By: Jason Resnick

May, 2026
AB 2646: Proposed H-2A Wage Mandate Advances to Senate

AB 2646 would establish a new California minimum hourly wage of $19.75 for certain agricultural employees, including H-2A workers and domestic workers in corresponding employment, beginning January 1, 2027. Each year thereafter, the wage would increase by the same cost-of-living adjustment applied to Social Security benefits.   This proposed wage mandate would be layered on top of…

 DOL Issues FAQ Requiring English Language Proficiency Language for H-2A and Other CMV Drivers

The U.S. Department of Labor’s Office of Foreign Labor Certification has issued a new FAQ addressing minimum job requirements for foreign workers who will operate commercial motor vehicles (CMVs) under temporary or permanent labor certification programs.  The FAQ confirms that job orders and applications requiring a foreign worker to operate a CMV must now expressly include an…

Summer Heat Is Coming: What Agricultural Employers Should Do Now

With summer approaching, California agricultural employers should begin preparing now for heat-related risks in the workplace. Cal/OSHA continues to prioritize heat illness prevention through enforcement, outreach, and education, including the work of its Agricultural Enforcement Task Force.  California’s heat illness prevention rules remain among the most rigorous in the nation.…

Western Growers Joins Amicus Brief in California Supreme Court Water Case

Western Growers recently joined a coalition amicus brief filed with the California Supreme Court in Bring Back the Kern v. City of Bakersfield, a closely watched case addressing the intersection of fishery protection requirements and California’s constitutional reasonable use doctrine. The case centers on Fish & Game Code section 5937, which requires dam operators to release sufficient…

U.S. Supreme Court to Review DOL’s Enforcement Power in H-2A Case

The U.S. Supreme Court has agreed to hear U.S. Department of Labor v. Sun Valley Orchards, LLC, a closely watched case that could significantly affect how the Department of Labor enforces H-2A program and other violations and assesses civil money penalties against agricultural employers. The Court granted review on April 27, 2026, and is expected to hear the case during its next term…