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
Written Meal Period Waivers Get Green Light from California Court
In the California Court of Appeal case Bradsbery v. Vicar Operating, Inc., the court addressed whether employers can enforce prospective, written waivers of meal periods for shifts lasting between five and six hours. Under California Labor Code § 512(a), employees are entitled to a 30-minute meal break after five hours of work. However, for shifts between five and six hours, this meal…
OAL Approves Final ALRB Card Check Regulations
On April 7, 2025, the Office of Administrative Law (OAL) approved the Agricultural Labor Relations Board's (ALRB) long-anticipated regulatory package implementing AB 113, the statute that introduced majority support petitions, or “card check,” for union representation among California agricultural employees. This final action follows a months-long regulatory process that included…
USDA Freezes Payments Under Farm Labor Stabilization Grant Program
The USDA has suspended payments under its $50 million Farm Labor Stabilization and Protection Pilot (FLSP) Program, leaving grant recipients in uncertainty just months after awards were announced. The FLSP was launched to help agricultural employers improve labor standards, increase worker retention and transition to more stable employment models such as H-2A. More than 140 employers…
LWDA’s Enhanced Oversight of PAGA Claims
In a striking development earlier this year, the Labor and Workforce Development Agency (LWDA) sent a clear message to plaintiffs’ attorneys that it will no longer tolerate vague or boilerplate Private Attorneys General Act (PAGA) claims. Last month, the agency issued a formal directive to a prominent plaintiff-side law firm, ordering amendments to over 100 PAGA notices due to a lack of…
H-2A Alert: DOL Updates H-2A Meal and Travel Reimbursement Rates Effective March 24
The U.S. Department of Labor (DOL) has announced updated rates for allowable meal charges and travel-related subsistence reimbursements for H-2A workers. These changes, officially published in the Federal Register on March 24, 2025, are effective immediately upon publication, and apply to all H-2A occupations other than herding or livestock production on the range. Updated Maximum Meal…
ALRB Card Check Regulations Delayed Due to ‘Technical Issues’
The implementation of the Agricultural Labor Relations Board’s (ALRB) card check regulations has encountered another delay. On January 10, 2025, the ALRB submitted its final rulemaking package to the Office of Administrative Law (OAL) for approval. However, on February 25, 2025, the ALRB withdrew the submission due to what has been described as “non-substantive technical issues. " The…
DOJ Prioritizes Immigration Enforcement
In February 2025, the Department of Justice (DOJ) issued a memorandum significantly expanding immigration enforcement efforts. This directive instructs all U.S. Attorneys' Offices to prioritize criminal immigration-related violations and utilize all available criminal statutes, not limited to immigration laws, to address illegal immigration activities. Key Components of the DOJ…
Western Growers Fights for Farmers: Challenging Unconstitutional Overreach in Court
At Western Growers, we stand firm in our commitment to protecting the rights of the farmers and agribusinesses we represent against burdensome and unconstitutional laws. In recent months, we have engaged in two critical legal battles to push back against legislative overreach: one challenging California’s SB 399, a law restricting employer speech, and another contesting SB 253 and SB 261,…
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…