Posts By: Jason Resnick
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What To Do If You Receive an SSN Mismatch Notice After ACA Reporting
Applicable large employers (ALEs) that sponsor health coverage are required to file annual Affordable Care Act (ACA) information returns with the Internal Revenue Service using Forms 1094-C and 1095-C. These forms report information about the employer’s offer of health coverage and include identifying information for employees and covered dependents, including names, addresses, and…
California Bill Would Boost H-2A Wages
California Assembly Bill 2646 was developed by the UFW and introduced by Assemblywoman Maggy Krell (D-Sacramento) in the legislature on February 20, 2026. If enacted, it would set a minimum hourly rate of $19.75 for certain agricultural workers beginning January 1, 2027, with an automatic cost-of-living adjustment each January thereafter. The requirement would apply to two categories of…
Colorado’s SB26-121 Would Reset Ag Overtime Threshold
Colorado’s SB26-121 has been introduced by Senate Majority Leader Robert Rodriguez (D) and Minority Leader Cleave Simpson (R) and, if enacted, would significantly change overtime rules for Colorado agriculture. What the Bill Would Do Under current law, adopted through Colorado SB21-087, most Colorado agricultural employers must pay overtime at time and a half after 54…
Cal/OSHA Proposes a California “Worker Walk-Around” Rule
On February 13, 2026, Cal/OSHA published a proposed regulation that would spell out who can accompany an inspector during the “walk-around” portion of a workplace inspection. The proposal would add new Title 8, §331.8, titled “Representatives during the Inspection.” What’s changing (and why it matters) California law already says both an employer representative and a…
LWDA Proposes New PAGA Regulations
California’s Labor and Workforce Development Agency (LWDA) has issued proposed regulations aimed at clarifying and tightening key parts of the Private Attorneys General Act (PAGA). The proposal follows the 2024 reforms to PAGA and is designed to curb abusive litigation practices LWDA believes undermine the purpose of the notice-and-review process. The comment period is open…
H-2A’s Big Bang: Why 2026 Could Be the Year Growers Go All In
Instead of betting on a single policy shift, growers should watch what happens when two trends move at the same time: a tighter labor market driven by enforcement and border dynamics, and a federal wage framework that suddenly makes H-2A more competitive. Either trend alone would be manageable. Together, they could change hiring decisions across the West in a single season. That’s why 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…
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…
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…
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…
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…
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…
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…
UFW Lawsuit Threatens Sensible H-2A Wage Reform
The United Farm Workers (UFW) and affiliated plaintiffs have filed suit in federal court to block the U.S. Department of Labor’s (DOL) October 2025 Interim Final Rule (IFR) updating how Adverse Effect Wage Rates (AEWR) are calculated for non-range H-2A occupations. The IFR replaces the USDA’s Farm Labor Survey (FLS) – long criticized for inflating wage benchmarks – with a more…
Court of Appeal Dismisses Wonderful’s Challenge to Card Check Law as Premature
The California Fifth District Court of Appeal (Fresno) has ruled that Wonderful Nurseries, LLC cannot challenge the certification of the United Farm Workers (UFW) as the bargaining representative of its employees in court before exhausting administrative channels. The court held that the Kern County Superior Court lacked jurisdiction to interfere in ongoing proceedings before the Agricultural…
Ninth Circuit Halts One of California’s Climate Disclosure Laws: Supreme Court Application Pending
The U.S. Chamber of Commerce and allied business groups, including Western Growers, are challenging California’s climate disclosure laws, SB 261 and SB 253. On November 18, the Ninth Circuit Court of Appeals issued an injunction blocking enforcement of SB 261, which was scheduled to take effect on January 1. As a result, SB 261 cannot be enforced while our appeal is pending. The court declined…
OFLC Issues Shutdown Relief Guidance
The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued temporary relief measures for applications affected by government shutdown and the related suspension of the FLAG system. The November 5 guidance clarifies how OFLC will treat mailed filings, missed response deadlines, and emergency H-2A applications that could not be submitted while systems were…
DOL Posts Wage Rates for Non-Range Occupations in the H-2A Program
The U.S. Department of Labor 2025-2026 Adverse Effect Wage Rates (AEWRs) for non-range H-2A occupations implementing its October 2, 2025 Interim Final Rule (IFR). The posting includes Skill Level I and Skill Level II AEWRs by state and SOC code, along with a new downward “housing adjustment” that may be applied only to H-2A workers who receive employer-provided housing at no cost. Here…
OFLC to Resume Processing H-2A Certifications During Shutdown
Great news for growers and FLC's who rely on H-2A workers. The U.S. Department of Labor’s updated shutdown plan confirms that the Office of Foreign Labor Certification (OFLC) will continue processing H-2A temporary labor certification applications during the lapse in appropriations. Along with some of our closest association allies, we sent a letter last week to the Administration to…
FMCSA Places New Limits on Non-Domiciled CDLs
The Federal Motor Carrier Safety Administration (FMCSA) issued an interim final rule on September 29, 2025 that sharply limits when state DMVs can issue or renew non-domiciled commercial driver's licenses (CDLs). States must pause non-compliant issuances, verify immigration status at issuance and renewal, align credential expirations with I-94 (Arrival/Departure Record) dates, retain more…