Month: August 2025

NCAE Applauds the Discontinuation of USDA’s Farm Labor Survey

| Press Release, Uncategorized

August 29, 2025

For Immediate Release

Contact: Michael Marsh, President and CEO
(202) 629-9320

NCAE Applauds the Discontinuation of USDA’s Farm Labor Survey

(Arlington, VA) A big week for America’s farm and ranch families has become even bigger. The National Council of Agricultural Employers (NCAE), its members, and the agricultural community nationwide are celebrating an announcement that the U.S. Department of Agriculture (USDA) will give much-needed relief to America’s farmers and ranchers.

Earlier today, USDA released a public inspection notice that it intends to discontinue the historically misused Farm Labor Survey (FLS).

“For years,” explained Michael Marsh, NCAE’s President and CEO, “federal regulators forced America’s farm and ranch families to pay an escalating, imaginary wage. For years, NCAE and our members fought to have the Department put an end to misusing the FLS as a wage setting mechanism for H-2A workers.”

“Finally, we have an administration that listens and has the strength to act. We are grateful to Secretary Rollins and the leadership of USDA for doing what it takes to put America’s farmers and ranchers first.”

“This is an exciting announcement and opportunity for America’s rural community to bounce back from years of regulatory abuse. Discontinuing the FLS finally gives America’s farmers and ranchers a real chance to be competitive with foreign competitors. We look forward to working with Secretary Rollins and the leaders at USDA to learn what this change will mean for America’s farm and ranch families.”  

USDA’s notice comes days after a federal court in Louisiana vacated the U.S. Department of Labor’s (DOL) 2023 Adverse Effect Wage Rate (AEWR) Methodology rule which incorporated wage data from the Occupational Employment and Wage Statistics (OEWS) to set wages for non-range agricultural occupations. DOL subsequently released an announcement that essentially scales the wage rate to a 2010 regulation that defaulted to use of the FLS for establishing wage rates.

The DOL’s misuse of the Farm Labor Survey results has allowed wages paid to foreign farmworkers under the H-2A program to forfeit U.S. food production to our foreign competition. This means these workers are paid far more than new recruits into our Armed Services. Equally maddening, the misuse of the FLS escalates wage rates at a pace significantly higher than cost of living adjustments for American retirees collecting their Social Security benefits.

“We are hopeful,” noted Marsh, “that this discontinuation, in conjunction with the Louisiana decision and DOL’s subsequent announcement, will mean, finally, that the market will be allowed to determine wage rates rather than a wrong-headed bureaucratic mandate.  Markets work if the government will let them.”

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

 

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Florida, National Ag Groups Applaud Decision Vacating  2023 AEWR Rule

| Press Release, Uncategorized

Florida, National Ag Groups Applaud Decision Vacating  2023 AEWR Rule

Groups call for recission of remaining methodology

ORLANDO, FLA. (August 27, 2025)

Earlier today, a federal court in Louisiana vacated the U.S. Department of Labor’s (DOL) 2023 Adverse Effect Wage Rate (AEWR) Methodology rule, bringing a much-needed measure of wage stability for agricultural employers as Florida growers prepare for their upcoming season.

“The AEWR Methodology rule drastically increased costs for growers and exacerbated the agricultural labor crisis,” said Jamie Fussell, director of labor relations for the Florida Fruit & Vegetable Association (FFVA). “We’re grateful to Secretary Chavez-DeRemer for her handling of this case and for recognizing the sense of urgency that is still needed to stabilize wages for agriculture.”

The rule, published Feb. 28, 2023, based the H-2A program’s AEWRs on the Occupational Employment and Wage Statistics (OEWS) survey in addition to the Farm Labor Survey (FLS), applying permanent, non-agricultural wage data to seasonal agricultural jobs and subjecting growers to wage increases every six months.

“The vacating of the rule is great news, and we thank Secretary Chavez-DeRemer for recognizing the unlawful nature of the AEWR rule,” said Michael Marsh, president of the National Council of Agricultural Employers (NCAE). “This decision brings welcome wage relief to some growers who had been subjected to these ‘special’ wage rates for routine tasks done on the farm for generations.”

“At a time when our growers are facing unprecedented challenges, we appreciate Secretary Chavez-DeRemer’s recognition of the threat that the AEWR Methodology rule brought to the long-term sustainability of agriculture in Florida and across the nation.” said Matt Joyner, CEO of Florida Citrus Mutual (FCM). “We look forward to working with the Administration to continue bringing much-needed reforms to the H-2A program to ensure a legal and reliable workforce for growing and harvesting Florida’s signature citrus crop.”

“As we prepare for our next strawberry season, we’re grateful for the sense of relief and reprieve this decision will bring,” said Michelle Williamson of G&F and Franberry Farms.

For years, agricultural groups in Florida and across the country have advocated for reforms to the AEWR methodology but had to wait until the 2023 rule to challenge the AEWR in court. Once published, plaintiffs – including FFVA, FCM, Florida Growers Association, G&F Farms, Franberry Farms, and NCAE – filed suit in federal court in Tampa, seeking to invalidate the new OEWS methodology and the existing FLS methodology, and challenging DOL’s application of adverse effect.

“Today’s action is welcomed by the agricultural community, but final relief from the remaining AEWR methodology is still needed to ensure growers in labor intensive agriculture throughout the United States can remain viable.” said Paul Meador, Florida Growers Association.

Though the court in Louisiana granted relief from the OEWS-based AEWR, the FLS-based AEWR is still effective, and the underlying premise of adverse effect remains unresolved. Without further action, Florida growers will continue to be subject to the volatile FLS-based AEWR, which spiked nearly 10% this past year and 15% just two years ago.

Faced with a worsening shortage of domestic labor, growers have reluctantly turned to the legal H-2A program. Its burdensome regulations are making the program too costly to use, forcing farmers to make tough operational decisions and jeopardizing the future of American agriculture and our nation’s food security. “We have much work left to do,” said Marsh. “Farmers must have relief if we are going to continue to produce food in America.”

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Media Contacts:

Christina Morton, FFVA, [email protected], (321) 214-5206

Michael Marsh, NCAE, [email protected], (202) 629-9320

Joint Statement – Florida, National Ag Groups Applaud Decision Vacating 2023 AEWR Rule Joint Statement – Florida, National Ag Groups Applaud Decision Vacating 2023 AEWR Rule

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