Posts By: Jason Resnick
- All
- July, 2026
- June, 2026
- May, 2026
- April, 2026
- March, 2026
- February, 2026
- January, 2026
- December, 2025
- November, 2025
- October, 2025
- September, 2025
- August, 2025
- July, 2025
- June, 2025
- May, 2025
- April, 2025
- March, 2025
- February, 2025
- January, 2025
- December, 2024
- November, 2024
- October, 2024
- September, 2024
- August, 2024
- July, 2024
- June, 2024
- May, 2024
- April, 2024
- March, 2024
- February, 2024
- January, 2024
- December, 2023
- November, 2023
- October, 2023
- September, 2023
- August, 2023
- July, 2023
- June, 2023
- May, 2023
- April, 2023
- March, 2023
- February, 2023
- January, 2023
- December, 2022
- November, 2022
- October, 2022
- September, 2022
- August, 2022
- July, 2022
- June, 2022
- May, 2022
- April, 2022
- March, 2022
- February, 2022
- January, 2022
- December, 2021
- November, 2021
- October, 2021
- September, 2021
- August, 2021
- July, 2021
- June, 2021
- May, 2021
- April, 2021
- March, 2021
- February, 2021
- January, 2021
- December, 2020
- November, 2020
- October, 2020
- September, 2020
- August, 2020
- July, 2020
- June, 2020
- May, 2020
- April, 2020
- March, 2020
- February, 2020
- January, 2020
- December, 2019
- November, 2019
- October, 2019
- September, 2019
- July, 2019
- June, 2019
- May, 2019
- April, 2019
- March, 2019
- February, 2019
- January, 2019
- December, 2018
- November, 2018
- October, 2018
- September, 2018
- August, 2018
- July, 2018
- June, 2018
- May, 2018
- April, 2018
- March, 2018
- February, 2018
- January, 2018
- December, 2017
- November, 2017
- September, 2017
- July, 2017
- January, 2017
- December, 2016
- November, 2016
- October, 2016
- September, 2016
- June, 2016
- May, 2016
- March, 2016
- February, 2016
- January, 2016
- December, 2015
- November, 2015
- September, 2015
- July, 2015
- June, 2015
- May, 2015
- April, 2015
- March, 2015
- February, 2015
- January, 2015
DOL to Pause Collecting H-2A Certification Fees
On July 31, 2025, the U.S. Department of Labor (DOL) announced that it will temporarily suspend the collection of certification fees for the H-2A temporary agricultural worker program. This suspension, which will take effect August 30, 2025, is intended to give the DOL's Office of Foreign Labor Certification (OFLC) time to transition from paper-based fee collection to an electronic payment…
State Department Narrows Interview Waiver Eligibility – Impact on H-2A Processing
On July 25, 2025, the U.S. Department of State announced changes to its interview waiver policy for nonimmigrant visas. Effective September 2, 2025, far fewer visa applicants will qualify for an interview waiver. Impact on H-2A Processing Although the update does not specifically address the H-2A program, the practical effect is clear: H-2A workers will generally be required to appear…
New Edition of Form I-129 Required for Visa Petitions Starting July 30
USCIS has announced that beginning July 30, 2025, it will only accept the 01/20/25 edition of Form I-129, the form used to petition for certain nonimmigrant worker classifications, including H-2A and H-2B visa categories. Although there are no substantive changes between the new 01/20/25 edition and the prior 01/17/25 version, petitioners must use the updated form to avoid rejection. The…
Federal Judge Restricts ICE Enforcement Tactics in Southern California
On July 11, 2025, a federal judge in Los Angeles issued a temporary restraining order (TRO) that curtails how U.S. Immigration and Customs Enforcement (ICE) may conduct immigration enforcement in Southern California. The order comes in response to allegations that ICE agents had been engaging in “roving patrols” and unlawfully detaining individuals based on race, language, or…
Farmworker Strike Threatens Operations Amid Heightened Immigration Enforcement
Agricultural employers across California face renewed operational uncertainty as a grassroots advocacy group calls for farmworker-led strikes over a 3-day period beginning July 16, and consumer boycotts in response to recent immigration enforcement activity. At a press conference on July 15, a small group of farmworkers decried what they described as “terrorizing” ICE raids at agricultural…
DOL Issues AEWR Updates for Non-Range H-2A Occupations
On July 11, 2025, the U.S. Department of Labor (DOL) published its annual update to the Adverse Effect Wage Rates (AEWRs) for H-2A job classifications not covered by the USDA Farm Labor Survey (FLS). These AEWRs are based on the Bureau of Labor Statistics’ (BLS) Occupational Employment and Wage Statistics (OEWS) survey and apply to (1) H-2A positions in SOC codes outside of the standard field…
DOL Launches New Office of Immigration Policy
The Department of Labor (DOL) has announced the creation of a new Office of Immigration Policy (OIP) to centralize oversight of employment-related visas, including the H2A agricultural worker program. Why It Matters Streamlined Coordination: OIP aims to unify DOL’s approach with USCIS, DHS, and State on labor certification and visa processing—potentially reducing delays in H2A…
Payer Beware: California Court Confirms Risk of Fraud Falls on the Party Best Positioned to Prevent It
A recent California appellate decision should serve as a wake-up call for employers and anyone involved in legal settlements or commercial transactions involving electronic funds transfers. In Thomas v. Corbyn Restaurants Development Corp. (Cal. Ct. App., May 27, 2025), the Fourth District Court of Appeal addressed a novel question under California law: When settlement funds are misdirected due…
DOL Proposes Recission of 2024 Farmworker Protection Rule
On June 30, 2025, the U.S. Department of Labor (DOL) published a proposed rule to rescind large portions of its controversial 2024 H-2A Final Rule, Improving Protections for Workers in Temporary Agricultural Employment in the United States. The proposed rescission comes in the wake of multiple federal court injunctions and DOL’s recent decision to suspend enforcement of the rule, as previously…
DOL Suspends Enforcement of 2024 Farmworker Protection Rule
On June 20, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced it is suspending enforcement of the 2024 Farmworker Protection Rule (FWPR), effective immediately. This suspension is welcome news for H-2A employers, who have been navigating significant legal uncertainty since the FWPR’s implementation. The 2024 rule introduced expansive new requirements…
DIR Director Katie Hagen Resigns After Five-Year Tenure
According to Cal/OSHA Reporter, Katie Hagen has resigned from her position as Director of the California Department of Industrial Relations (DIR), effective July 2025. Hagen will be departing for the private sector to assume the role of CEO at CPS HR Consulting, a Sacramento-based firm that serves public agencies and nonprofit organizations nationwide. Hagen’s departure marks the end of a…
Justices Reject Heightened Bar for Reverse Discrimination Plaintiffs
In a unanimous decision issued June 5, 2025, the U.S. Supreme Court held that employees who allege discrimination, including so-called “reverse discrimination,” are entitled to equal treatment under federal law. The Court reversed a Sixth Circuit ruling that had imposed a heightened pleading standard on a heterosexual woman claiming sex-based discrimination in a state agency’s promotion…
Western Growers Advocacy Helps Defeat PAGA Workaround Bill
SB 310 (Wiener), a bill that would have undermined California’s recent bipartisan reforms to the Private Attorneys General Act (PAGA), has been moved to the Senate’s Inactive File and will not advance this session. June 6 marks the Legislature’s “house of origin” deadline—the last day for a bill to pass out of the chamber in which it was introduced. With SB 310 stalled in the Senate,…
DIR Director Katie Hagen Resigns After Five-Year Tenure
According to Cal/OSHA Reporter, Katie Hagen has resigned from her position as Director of the California Department of Industrial Relations (DIR), effective July 2025. Hagen will be departing for the private sector to assume the role of CEO at CPS HR Consulting, a Sacramento-based firm that serves public agencies and nonprofit organizations nationwide. Hagen’s departure marks the end of a…
Federal Court Sets July 1 Hearing in AEWR Lawsuit Challenging DOL Wage Rule
A federal judge has scheduled a long-awaited hearing in a high-stakes legal challenge to the U.S. Department of Labor’s 2023 methodology for setting Adverse Effect Wage Rates (AEWR) for H-2A workers. The lawsuit, brought by the National Council of Agricultural Employers (NCAE)—of which Western Growers is a member—alongside several Florida-based agricultural organizations, seeks to roll…
Court of Appeal Revives PAGA Claim; Outcome Would Differ Under New PAGA Law
In Osuna v. Spectrum Security Services, Inc.1, the California Court of Appeal reversed a trial court's dismissal of a representative claim under the Private Attorneys General Act (PAGA), holding that the plaintiff had standing to bring the claim even though he had not worked for the employer during the one-year statute of limitations period preceding his PAGA notice. Edgar Osuna worked for…
Best Practices: Hand Weeding and Thinning in California Agriculture
California agricultural employers engaged in hand weeding, thinning, and similar crop preparation activities must comply with specific safety regulations designed to prevent musculoskeletal injuries among agricultural workers. The California Code of Regulations, Title 8, Section 3456, outlines when and how hand labor is permitted and places strict limits on stooped, kneeling, or squatting work…
H-2A Workers and Taxes: What H-2A Employers Need to Know
Understanding the tax treatment of H-2A agricultural workers can be a source of confusion for employers, even those who have participated in the H-2A program for years. Federal and state tax rules governing H-2A employees differ in significant ways from those that apply to domestic workers—and not all obligations fall on the employer. With spring planting underway and tax season upon us, now…
PAGA Standing Requires Personal Labor Code Violation, Court Affirms
In Williams v. Alacrity Solutions Group, LLC, the California Court of Appeal recently reaffirmed that a plaintiff bringing a representative action under the Private Attorneys General Act (PAGA) must personally suffer a Labor Code violation to have standing. Corbin Williams worked as an adjuster for Alacrity Solutions Group for approximately one week in 2019. He brought a PAGA-only lawsuit…
Western Growers Seeks Preliminary Injunction to Block Mandatory Mediation Statute
On April 24, 2025, Western Growers and member Olive Hill Greenhouses, Inc. filed a motion for preliminary injunction in the U.S. District Court for the Southern District of California. The motion asks the court to block the California Agricultural Labor Relations Board (ALRB) from enforcing the state's Mandatory Mediation and Conciliation (MMC) statute, codified at Labor Code §1164 et…