Jason Resnick, Author at Western Growers Association Western Growers Association

Posts By: Jason Resnick

Mixed Results in Cases Challenging H-2A Wage Rule

Last week, a federal judge in Louisiana recently issued a partial injunction on the 2023 Adverse Effect Wage Rate Final Rule for sugar cane growers in that state, citing a US Supreme Court decision that overturned judicial deference to agencies' interpretation of ambiguous statutes. In the case Teche Vermilion Sugar Cane Growers Association Inc., et al. v. Julie Su, et al. (Vermilion), the…

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Lawsuit Seeks to Block DOL H-2A Rule

The National Council of Agricultural Employers (NCAE), which counts Western Growers as a member, along with several agricultural groups and individual farmers, has filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky, challenging the Department of Labor’s Final Rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.”…

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Federal Court Ruling Challenges NLRB Authority

A Texas judge has issued a ruling that challenges the National Labor Relations Board’s (NLRB) authority, granting an injunction to an Austin-based tech company accused of unfair labor practices. The judge found in favor of the employer’s claim that the NLRB’s administrative law judge system violates the Constitution's separation of powers doctrine. This decision cites the recent…

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PAGA Reform: Welcome Relief for California Employers

Long-awaited changes to the Private Attorneys General Act (PAGA) bring much needed relief for California employers who take advantage of the opportunity. The Private Attorneys General Act of 2004 allows employees to sue their employers on behalf of the state for Labor Code violations, effectively deputizing private citizens to enforce labor laws. This unique mechanism has led to a significant…

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DOL Issues Revised Transition Schedule for H-2A Job Orders Following Court Injunction

As reported here, on August 26, 2024, a preliminary injunction was issued by the U.S. District Court for the Southern District of Georgia in Kansas v. U.S. Department of Labor. The order temporarily blocks the enforcement of the Department of Labor’s Farmworker Protection Rule in 17 states and against certain named-party agricultural entities. In response, the Department of Labor’s Office…

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