Posts By: Jason Resnick

Agriculture in the Wake of the Hot Labor Summer: Will Farmers Feel the Heat?

In the ever-evolving realm of agriculture, one cannot help but be reminded of the Chinese proverb: "May you live in interesting times." These are, indeed, interesting times for the agricultural industry, where the intersection of labor organizing, technological innovation and legislative changes paints a complex and intriguing picture. As we bask in the glow of the "Hot Labor Summer," a…

Farm Labor Survey Previews Likely H-2A Wage Increases for 2024

Last week, the U.S. Department of Agriculture released data from its annual farm wages report. USDA’s Farm Labor Survey is used to calculate the 2024 Adverse Effect Wage Rate (AEWR), which determines the minimum wages for H-2A workers in each state. California employers can expect to see the AEWR increase from $18.65 per hour to $19.75 per hour, a 5.9% bump over the 2023 AEWR. The hourly rate…

Western Growers Submits Comments on Proposed Rules

As previously discussed, Western Growers has actively engaged in advocacy efforts by submitting comments on three proposed rules by Department of Labor, Department of Homeland Security and OSHA, respectively. Each proposed rule has profound implications for the specialty crop industry. Below is a summary of, and link to, each comment letter submitted. Department of Labor (DOL) – Comments re…

First Union Certification Under AB 113 Sparks Controversy

The California Agricultural Labor Relations Board has certified the first majority support petition (card check) filed by the UFW at DMB Packing, a tomato operation in Newman, CA. The certification, however, is not without controversy. However, the slimmest majority, barely 51% of the company's 297 workers, allegedly voted in favor of union representation. The law firm of Barsamian &…

USCIS To Move H-2A Processing From California to Texas

Beginning Nov. 1, 2023, H-2A employers and agents will be required to file Form I-129 petitions (petition for nonimmigrant visas) with the Texas Service Center (TSC). Previously, H-2A Form I-129 petitions were filed at the California Service Center (CSC) in Laguna Niguel, located in Orange County, California. In addition to H-2A petitions, H-2B-related Form I-129 petitions as well as several…