Posts By: Jason Resnick
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USCIS Announces New Alien Registration Requirement
On February 25, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced a new alien registration requirement, mandating that many foreign nationals in the United States register online and undergo fingerprinting. Additionally, individuals over the age of 18 must carry proof of registration at all times. This directive stems from President Trump’s January 20, 2025, executive…
UFW Withdraws MMC Request with Wonderful Nurseries Amid Change in Business Plans
On February 26, 2025, the United Farm Workers of America (UFW) formally withdrew its request for mandatory mediation and conciliation (MMC) with Wonderful Nurseries, just as the mediation process was set to begin. The first mediation session had been scheduled to commence on or after February 25, 2025. UFW cited as its reason for withdrawal a February 12, 2025, communication from Wonderful…
Wonderful Nurseries Workers Challenge UFW Unionization in Lawsuit Against ALRB
A group of 20 workers from Wonderful Nurseries has joined a lawsuit challenging the United Farm Workers' (UFW) union certification at the Wasco-based nursery, alleging coercion and misconduct during the card check authorization process. The lawsuit, originally filed by Wonderful Company against the California Agricultural Labor Relations Board (ALRB), claims the union engaged in “fraud,…
Cal/OSHA’s COVID-19 Prevention Standards Expire, but Some Requirements Remain
As of February 2025, most of Cal/OSHA’s COVID-19 Prevention Non-Emergency Standards have expired. These regulations, which took effect on February 3, 2023, remained in place for two years. However, employers should be aware that COVID-19-related reporting and recordkeeping requirements remain in effect until February 3, 2026. While specific COVID-19 prevention rules are no longer in…
Trump Fires NLRB Chair and General Counsel, Raising Legal Questions
President Donald Trump has fired Acting National Labor Relations Board (NLRB) Chair Gwynne Wilcox and NLRB General Counsel Jennifer Abruzzo. The move, first reported by Axios, signals a broad effort by the Trump administration to reshape the federal agency responsible for overseeing labor disputes and unionization efforts. Legal and Political Implications The firings raise immediate…
Hughes Fire Highlights Employers’ Obligations to Protect Agricultural Workers from Wildfire Smoke
As firefighters make strides in containing the Hughes Fire, which has burned over 10,000 acres near Castaic in Ventura County, agricultural employers in the affected areas must take proactive steps to safeguard their employees from the hazards of wildfire smoke. Cal/OSHA has issued timely reminders for employers about their obligations under California’s Protection from Wildfire Smoke…
H-2A Final Rule and Revised Form I-129 Take Effect January 17, 2025
On January 17, 2025, the Department of Homeland Security’s (DHS) H-2 final rule will go into effect, introducing enhanced requirements for the H-2A nonimmigrant visa program. To align with these changes, U.S. Citizenship and Immigration Services (USCIS) will implement a revised version of Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25). Unlike past updates, use of this…
Guidance for Preparing for ICE Visits
Editor’s Note (Updated June 10, 2025): This article has been updated to provide the most current information. Here are some prudent proactive steps to respond appropriately to potential U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (Border Patrol) visits. Proactive Steps for Employers While employers’ roles in providing direct assistance to…
SB 399: Captive Audience Law Faces Federal Lawsuit
Effective January 1, 2025, California’s Senate Bill (SB) 399 joined the ranks of similar laws in states like Illinois, Connecticut, and New York, limiting employers’ ability to hold mandatory “captive audience” meetings on religious or political matters, including labor organization discussions. The statute prohibits employers from requiring employees to attend meetings or engage in…
Wonderful Nurseries Challenges ALRB’s Refusal to Delay UFW Certification
Wonderful Nurseries LLC has filed a federal complaint challenging the California Agricultural Labor Relations Board (ALRB) over its refusal to stay the certification of the United Farm Workers (UFW) union as the exclusive bargaining representative for the company’s agricultural employees. The case centers on alleged due process and equal protection violations under the U.S. Constitution and…
IRS Updates Mileage Reimbursement Rate for 2025
The Internal Revenue Service (IRS) has announced an increase in the standard mileage rate for business use of a vehicle for the 2025 tax year. Effective January 1, 2025, the rate will rise by 3 cents, from 67 cents to 70 cents per mile. This adjustment reflects the IRS's annual assessment of the fixed and variable costs associated with operating an automobile, including factors such as fuel…
DHS Publishes Final Rule Enhancing Protections for H-2A Workers
The Department of Homeland Security (DHS) has issued a final rule, "Modernizing H–2 Program Requirements, Oversight, and Worker Protections," which introduces significant updates to the H-2A and H-2B visa programs. Effective January 17, 2025, the rule aims to bolster program integrity and strengthen worker protections while introducing greater flexibility for both workers and…
Updated H-2A AEWR Now in Effect in Most States
The Department of Labor (DOL) has released updated Adverse Effect Wage Rates (AEWRs) for “non-range” H-2A occupations, now published in the Federal Register. These rates are effective as of Dec. 16, 2024, for employers not covered by the Kansas v. U.S. Department of Labor injunction. For employers in the 17 states affected by the injunction, the updated rates will take effect on Dec. 30,…
New Protections for Victims of Violence Under AB 2499: What Employers Need to Know
California employers must prepare for significant changes under AB 2499, effective January 1, 2025. This law expands employee protections for victims of “qualifying acts of violence” (QAV) and their family members, aligning these rights with the Fair Employment and Housing Act (FEHA). Here’s a summary of key changes: Expanded Definition of "Qualifying Acts of Violence" AB 2499…
ALRB Approves AB 113 (Card Check) Regulations
On December 11, 2024, the Agricultural Labor Relations Board (ALRB) voted to approve regulations implementing AB 113, often referred to as the "card check" law. This action marks a significant step in the development of labor relations in California’s agricultural industry. The approved regulations now head to the Office of Administrative Law (OAL) for final approval, a process that must be…
OFLC Responds to Court Orders on Farmworker Protection Rule
The Department of Labor’s Office of Foreign Labor Certification (OFLC) issued guidance on November 27, 2024, regarding its response to recent court orders impacting the 2024 Farmworker Protection Final Rule. The Farmworker Protection Rule, which ostensibly aimed to improve protections for H-2A temporary agricultural workers, has faced multiple legal challenges since its publication in April…
Farm Labor Survey Previews H-2A Wage Increases for 2025
This week, the USDA released results from the Farm Labor Survey. The Farm Labor Survey (FLS) is used to calculate the Adverse Effect Wage Rate (AEWR) for field and livestock worker occupations (SOC codes: 45-2041, 45-2091, 45-2092, 45-2093, 53-7064, 45-2099). The results indicate that California employers can expect to see the AEWR increase from $19.75 to $19.97 per hour. The AEWR paid…
ALRB Reverses Course on Leasing Space from CAUSE
The California Agricultural Labor Relations Board (ALRB) reversed course and will not lease office space in Santa Maria from the Central Coast Alliance United for a Sustainable Economy (CAUSE), after Western Growers and others raised conflict of interest and transparency concerns. As reported here, the ALRB had unanimously voted at its October 30, 2024 meeting to approve establishing a new…
Appellate Court Says UFW and Wonderful Must Resume Negotiations Amid Ongoing Legal Dispute
In a recent development, California's 5th District Court of Appeal has ruled that negotiations between the United Farm Workers (UFW) and Wonderful Company must continue, forcing the two parties to return to the bargaining table. This decision follows a legal dispute in which Wonderful had previously obtained a preliminary injunction from the Kern County Superior Court, temporarily halting all…
ALRB Subcommittee Responds to Public Comments on AB 113 Regulations
On October 25, 2024, the Agricultural Labor Relations Board (ALRB) Subcommittee released its report addressing public feedback on further regulatory modifications under AB 113, focusing on card check provisions and appeal bonds. Western Growers, along with other agricultural interests, submitted comments, underscoring concerns related to transparency, fairness, and practical compliance with the…