November 23, 2022

(Washington, D.C.)

The National Council of Agricultural Employers (NCAE) filed a legal challenge today to the new H-2A Program Rule that is supposed to take effect on November 30, 2022. The lawsuit filed today alleges that the Department of Labor has, “unlawfully repealed a final rule duly issued, prescribed, or promulgated to achieve DOL’s statutory mandate set forth in the Immigration and Nationality Act”.

The action was filed in the District of Columbia District Court. The lawsuit cites six causes of action and seeks a preliminary injunction, a permanent injunction, a stay of its implementation, as well as costs, among other relief.

“The nature of the changes will have a dramatic and negative effect on U.S. farm and ranch families whether they use the H-2A program or not,” said Michael Marsh, NCAE President and CEO. “The Trump Administration issued a rule that was a final agency action. However, on Inauguration Day, which is a federal holiday, the new Biden Administration unlawfully withdrew the Trump Rule from publication at the Federal Register without any of the required public notice and comment. The new Administration then substantially changed the rule Trump’s DOL had created to the detriment of farm and ranch families and again, failed to provide opportunity for required notice and comment. The actions here were clearly arbitrary and capricious and an abuse of discretion by the Secretary and otherwise not in accordance with
law.”
Recent analysis performed on the impact of this new regulation by the Cato Institute, indicates that not only does this rule slam farm and ranch families with enormous new burdens and negatively impact their viability, but it also “…will add to the already sky-rocketing food prices in the United States.”

“This regulation is a lose-lose-lose scenario.” said Marsh, “The farm and ranch families we represent lose, the essential farmworkers our members work with every day lose, and it hits consumers in the pocketbook. We must seek relief from this arbitrary and capricious regulation. The Secretary must follow the law and it is in the public interest that the U.S. government does just that.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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(Washington, D.C.)

The National Council of Agricultural Employers (NCAE) announces that the agenda for its 9^th Annual Ag Labor Forum has been unveiled.  The event opens November 30^th and runs through December 2^nd, 2022.  The Forum is being held at the beautiful M Resort just outside Las Vegas, Nevada.

“This year’s event is shaping up to be a blockbuster filled with hot topics for agricultural employers,” noted Michael Marsh, NCAE’s President and CEO.  “We have stimulating speakers discussing timely topics for employers where attendees can receive continuing education credit from the Society for Human Resource Management (SHRM).”

Attorneys, academics, agents, and representatives from federal agencies and foreign governments will be on hand to dive headfirst into labor issues facing US agricultural employers.  Recent litigation, rulemaking changes and reports on cutting edge legislation impacting farm and ranch operations will be highlighted, as will compliance issues relative to ag employment.

“Back, due to tremendous popular demand, is the NCAE’s Advocacy Bootcamp where “recruits” learn to master the fundamentals of political advocacy in making their case to legislators, regulators and the public,” said Marsh.  “The small group setting makes for a fun and stimulating dialogue as Bootcamp “recruits” learn how to effectively message positions.  The Bootcamp starts the day before the Forum on November 29th and, as space is limited, it is already a sellout.  However, we have started a waitlist.”

Also featured this year are concurrent sessions highlighting not only ag employment issues such as the threats posed to farm and ranch families by union activists, the Migrant and Seasonal Ag Worker Protection Act, and the H-2A Temporary Agricultural Visa Program, but also how to recruit and retain high quality employees.  Experts will unpack new regulations coming from the Biden Administration and others will analyze some of the economic trends in ag labor markets.

And, just for fun, the evening of the Forum’s first day will be topped off with a winetasting reception featuring premium Washington wines from Mercer Ranches.  The wines will be paired with delicious hors d’oeuvres for attendees to enjoy.

“With all of the activity in the agricultural labor space this year ranging from State legislation to Federal litigation, new rules and systems for recruiting and hiring workers, this year’s Forum is an event not to miss,” stated Marsh.

To check out the tentative agenda and to register for this exciting event go to ncaeonline.org/events

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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(Washington, D.C.) The National Council of Agricultural Employers (NCAE) is pleased to announce the sharing of agricultural employers’ stories.

“U.S. farm and ranch families employ millions of essential farmworkers each year,” said Michael Marsh, NCAE President and CEO. “Because of those families, their workers, and their families’ commitment to maintaining the legacy of the family farm and ranch, Americans possess the highest level of food security on the planet. However, there is much, much more to this story.”

Due to their unique tie to the land, farm and ranch families form the bedrock of their community. After toiling for long days, family members take time to give back to the community to make it a better place. They coach children’s sports teams, volunteer for their church, hospital, or library board. In their spare time, they pitch in to ensure the local fire department’s fundraiser is successful. And, if a neighbor is down or feeling poorly, they will stop by to share a thoughtful word or bring a meal to someone without.

And sometimes, they turn tragedy into an opportunity to do good.

“The first story we will share in this series of stories about agricultural employers involves NCAE
member Mercer Ranches, which is a highly diversified farming operation in Washington’s Horse
Heaven Hills along the Columbia River,” said Marsh. “This story, like so many stories in the ag
employer family is inspirational. It is an example of selflessness and giving back to recognize
others’ bravery and selflessness. We hope you enjoy the story.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s
viewpoint.

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(Washington, D.C.) The National Council of Agricultural Employers (NCAE) announced today the opening of registration for the 9th Annual Ag Labor Forum which will be held November 30 – December 2, 2022, at the beautiful M Resort just outside Las Vegas, Nevada.  Each year, NCAE’s event brings together key leaders in the agricultural employment and labor communities from across the United States and around the world. 

Attorneys, academics, agents, as well as representatives from federal agencies and foreign governments will delve into labor issues facing US agricultural employers.  Recent litigation, rulemaking changes and reports on cutting edge legislation impacting farm and ranch operations will be highlighted, as will compliance issues relative to ag employment.

“Back, due to popular demand, is NCAE’s Advocacy Boot Camp where “recruits” learn to master the fundamentals of political advocacy in making their case to legislators, regulators and the public,” said Marsh.  “The small group setting makes for a fun and stimulating dialogue as our Boot Camp “recruits” learn how to effectively message positions.  The Boot Camp starts the day before the Forum on November 29^th and is a sellout event as space is limited.  Be sure and register early and avoid the waitlist.”

Also featured this year are concurrent sessions highlighting the H-2A Temporary Agricultural Visa Program.  Attendees at these stimulating sessions, along with many others throughout the Forum, are eligible to receive continuing education credit from the Society for Human Resource Management (SHRM).

“Sponsorship opportunities are available for this event that reaches hundreds of attendees,” said Marsh.  “Of course, NCAE Members receive a significant discount off registration fees. This event offers members and nonmembers both a “look under the hood” of the battles NCAE wages in Congress and with federal agencies on behalf of agricultural employers.  This is a must-attend event!”

Registration for the Advocacy Boot Camp, Labor Forum, H-2A Day and NCAE’s discounted room block, can be accessed by going to www.ncaeonline.org.

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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(Washington, D.C.) The National Council of Agricultural Employers (NCAE) is pleased to announce the next installment of its educational webinar series, “Turning Down the Heat: Preparing Employers for Proposed OSHA Heat Regulation.”

“NCAE and its members continue the organization’s commitment to the health and safety of America’s essential farmworkers,” said Michael Marsh, President and CEO. “The event will examine the current state of agricultural heat regulations across the country, discuss how agricultural employers can protect their employees in the face of changing environmental conditions, and prepare employers with factual information to inform their comments in OSHA’s rulemaking process.”

“Turning Down the Heat” will be moderated by Shawn Packer, Principal member of JPH Law. Panelists include Bryan Little, COO of the California Farm Bureau’s Farm Employers Labor Service; Jon DeVaney, President of Washington State Tree Fruit Association; Roberta Gruber, FEELDS Program Director of the Oregon Farm Bureau Federation; and Dr. Brenda Jacklitsch, Health Scientist for the Centers for Disease Control’s (CDC) National Institute for Occupational Safety and Health (NIOSH) Small Business Assistance Program. Panelists will share their experiences with existing heat rules in California, Washington, and Oregon, and the CDC perspective.

The webinar will begin at 2:30pm ET/11:30am PT on Monday, September 12, 2022. Participants will be eligible to receive one Professional Development Credit from the Society for Human Resource Management upon completion of the webinar.

Marsh noted, “Our educational and compliance webinars are extremely popular and typically

fill up very quickly. Please register as soon as possible to ensure you secure your spot in this

important discussion.”

Those interested in attending NCAE’s “Turning Down the Heat” webinar may register here: https://www.ncaeonline.org/resources/webinars/.

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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(Washington, D.C.) The National Council of Agricultural Employers (NCAE) will be hosting a webinar focusing on farmworker tax issues. The webinar will be led by Bob Wunderle, CPA, MBA, Director of the La Posada Tax Clinic in Twin Falls, Idaho. The webinar will begin at 2pm ET/11am PT on Thursday, July 14, 2022.

“Agricultural employers need to be aware of some of the unique payroll and income tax considerations regarding their employees,” noted Michael Marsh, President and CEO of NCAE. “This webinar will cover and attempt to answer employer questions regarding those considerations. We will dive into what employers should be thoughtful of as they properly account for the tax requirements of domestic and Temporary H-2A farmworkers.”

According to the most recent Census of Agriculture published by the USDA, 2.4 million hired agricultural workers are employed on America’s farms and ranches. This fiscal year an estimated 317,000 temporary foreign workers will work alongside domestic workers in U.S. fields, orchards, groves, barns, vineyards, and pastures. It takes a lot of hands to ensure domestic food security. Proper accounting for payroll and income taxes is an imperative for agricultural employers.

“NCAE’s members are committed to the ethical treatment of our employees and do so with integrity,” said Marsh. “Proper tax treatment of their payroll is a critical step in that ethical treatment and a necessity for employer compliance. We are thrilled that someone as knowledgeable about farmworker tax issues as Bob Wunderle is available to assist agricultural employers in that compliance.”

Participants will be eligible to receive one Professional Development Credit from the Society for Human Resource Management (SHRM) upon completion of the webinar. Registration for this important event is available at ncaeonline.org.

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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