The passage of the Agricultural Labor Relations Act in 1975 fundamentally reshaped the landscape, formalizing collective bargaining rights and ushering in an era of intense organizing activity led by the United Farm Workers. Western Growers was deeply engaged during this period. Its team of attorneys, including Ron Barsamian, Rob Roy, Terry O'Connor, Jim Bogart and many other prominent legal professionals who began their careers at Western Growers, frequently represented clients before the Agricultural Labor Relations Board. They skillfully managed representation elections, addressed unfair labor practice allegations and handled the complexities of collective bargaining under a newly established and evolving statute. Those were high-stakes years, with frequent conflict and uncertainty, as both growers and labor organizations tested the boundaries of the law. What followed was a long period of relative quiet. Union activity declined, elections became less frequent and labor relations issues receded from the forefront for many growers. Attention shifted toward compliance with wage and hour laws, safety regulations and the growing complexity of employment law more broadly. That dynamic has shifted again. Recent statutory changes, including majority support petitions (“card check”), have brought renewed organizing activity and related litigation. Once again, familiar questions are emerging around due process, fairness and how these systems function in practice for agricultural employers. The issues may look different than they did in the 1970s, but the underlying challenge remains the same: ensuring that the system works in a way that respects workers’ rights while allowing growers to operate and sustain their businesses. Workplace Regulation: Expanding Expectations Alongside these developments, workplace regulation has steadily expanded, with California often leading the way. Heat illness prevention stands out as one of the most consequential examples. California adopted the nation’s first outdoor heat illness prevention standard, and Western Growers played an active role in helping shape that framework. From the beginning, the focus was on ensuring that the rules were both protective and workable in real-world agricultural settings. Over time, what began as a general safety standard has evolved into a detailed and highly prescriptive regime, with requirements tied to temperature thresholds, written procedures, training and documentation. More recently, attention has shifted to indoor heat, introducing new challenges for packing and processing operations. Through each phase, Western Growers has continued to advocate for practical, science-based standards that can be implemented in the field and in practice. Heat illness is only part of the story. Cal/OSHA enforcement has expanded, and new rules have added layers of compliance. COVID-19 standards required rapid, real-time operational changes across housing, transportation and worksites. Wildfire smoke regulations introduced monitoring and response obligations tied to changing air quality conditions. At the same time, broader employment laws continue to evolve, including paid sick leave, leave of absence requirements and accommodation obligations. In many cases, Western Growers has worked to shape these measures before they are enacted and to provide guidance once they take effect.
Litigation Trends As regulation has expanded, litigation has followed. Wage and hour class actions remain a primary source of risk, but they now cover an increasingly broad range of issues. Employers now face claims across a wide range of areas, including rest and recovery periods, meal break compliance, wage statements and off-the-clock work. Disability discrimination and accommodation claims have become more frequent and more complex, requiring careful, individualized analysis. In the workers’ compensation system, continuous trauma claims have added another layer of exposure, particularly in labor-intensive operations. Another notable shift is the use of litigation as a policy tool. Advocacy organizations and public agencies are increasingly using the courts to advance broader regulatory objectives. For example, an emerging trend is the increase in California’s Proposition 65 notices directed at fresh produce, with claims focused on naturally occurring heavy metals like cadmium and efforts to impose warning label requirements on raw agricultural commodities. For growers, this means litigation risk is no longer confined to individual disputes, but can shape the operating environment more broadly. Looking Ahead If there is one takeaway from the past century, and my time at Western Growers, it is that these issues rarely arrive in isolation. Legislation, regulation and litigation are no longer separate tracks. They intersect, compound and often amplify one another. Western Growers has been at the center of that intersection, working to shape policy where possible, to challenge it where necessary, and to help members navigate it in real time. That role has not changed, even as the complexity has increased. The path forward will not be simpler. But if the past is any guide, progress will continue to come in increments, shaped by persistence, practical engagement and a clear understanding of what agriculture needs to remain viable. It has been a privilege to represent family farmers for nearly a quarter century, and I remain committed to helping our members face the challenges ahead.
7 Western Grower & Shipper | www.wga.com April – June 2026
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