Author: News

NCAE Concerned Over New Wage Rule

| H-2A Visa Program Press Release, Press Release

February 28, 2023

(Washington, D.C.)

The National Council of Agricultural Employers (NCAE) raised grave concern over the issuance of a new wage rule for use in the H-2A Temporary Agricultural Worker Program published this morning. The regulation, which began its rulemaking journey in July 2019 during the Trump Administration, found its way to publication in the Federal Register today.


The new regulation would not only continue the Department of Labor’s (DOL) historic misuse of the USDA’s Farm Labor Survey to manufacture wage rates in the H-2A Program disconnected from the market for agricultural labor in the United States but also injects additional new wage rates into the program similarly disconnected from agriculture to compensate some workers for routine on-farm chores. The net effect of this new wage rule will push more of America’s food production offshore to foreign competition making American families even more dependent on foreign countries for food. Today more than 60% of the fresh fruit and more than 35% of the fresh vegetables consumed in the United States are produced offshore.


“The Department of Labor’s new wage rule is a disaster for American consumers and the farm and ranch families who toil every day to deliver bounty harvested from their legacy operations,” said Michael Marsh, President and CEO of the National Council of Agricultural Employers. “The Department is required by statute to establish wage rates under the H-2A Program that will not adversely effect the wages and working conditions of domestic workers similarly employed. This rule seeks to do that by throwing U.S. farm and ranch families under the bus!”


The National Council of Agricultural Employers has repeatedly petitioned Secretaries of the Department of Labor to hold hearings on the economics of this regulatory scheme but those petitions to the American government have been ignored. The Department of Agriculture has indicated that, “The Farm Labor Survey has been conducted for more than 80 years, using basically the same survey methods. It was not designed to be used as a source of wage rates for a guest worker program. Rather, it provides an accurate count of the numbers of persons employed in agriculture and the average wage rate across all skill levels and occupations.”


“With this new rule, American consumers can be confident in one thing, they will be more likely to find tomatoes in their grocery store grown in Mexico, than those grown in Florida, California, or Michigan. Similarly, consumers can count on finding blueberries, apples, and strawberries produced in Canada, but few selections grown in Georgia, New York, or Washington,” said Marsh. “A country forced to rely on others for its sustenance has forfeited a key element of its national security. America expects and deserves better than this!”


NCAE is working with legal counsel, economists, and Members of Congress to determine options and next steps forward.


NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.
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NCAE Files Legal Challenge to Unlawful H-2A Program Rule

| Press Release

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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9th Annual NCAE Ag Labor Forum Agenda Unveiled

| Press Release

(Washington, D.C.)

The National Council of Agricultural Employers (NCAE) announces that the agenda for its 9th Annual Ag Labor Forum has been unveiled.  The event opens November 30th and runs through December 2nd, 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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9.15.22 Article by Michael Marsh

| Articles

They call this the “silly season” in Washington, D.C.

“Silly season” is the period after Labor Day and ahead of the midterm elections as another Congress flails around ahead of its passage into history.  Curious proposals make their way into introduced legislation that have virtually no chance of ever being able to muster enough support to gain Committee attention, let alone Floor action.  However, they are advanced so a member can go back to their state or district to campaign and tout what they have done on behalf of their constituents.

Of course, there is some real work that needs to occur in the Congress as it wraps, but that sometimes seems to be an afterthought to the silliness.

Prior to the end of September, the Congress will have to agree on a plan to keep the government funded.  Funding for the programs the government has implemented has to be approved on a regular basis and, absent that approval, certain aspects of the government are forced into shutdown.  Several years ago, we witnessed one of these shutdowns, the consequent tumble in stock markets around the world reflecting concern that the U.S. might default on its debt, and even the absurdity of long lines of government employees queueing for distributions from food banks.  

I witnessed these lines here in D.C. close to my office near the FBI building.  A somber sight in our nation’s capital.

A couple of different “cures” to a standoff over the potential closure of the government will be considered.  One would be for the Congress to pass a continuing resolution (CR) to continue to fund the government and its programs.  A CR is a type of appropriations legislation that extends funding at the same level as in the prior fiscal year but terminates on a certain date.  After which, the Congress must pass another CR or, do its work and pass the government appropriations measures, as is their responsibility.

A second “cure” would be an omnibus spending bill.  An omnibus spending bill is a type of bill that packages many of the smaller ordinary appropriations bills the Congress is required to pass into one larger single bill that can be passed with only one vote in each Chamber.  However, as we have seen in the past, these omnibus bills can be “Christmas treed” and adorned with various ornaments extrinsic to the necessary appropriations.  This can lead to omnibus failure due to an inability to garner enough votes or, it can lead to less than desirous outcomes.

The circumstance of this silly season has consequences for agricultural labor.

Following the passage of a CR in this Congress, members will recess to their states and districts to campaign for reelection.  And the election season thankfully ends on a date statutorily set by the Federal Government as “the Tuesday next after the first Monday in the month of November”.  Alternatively, the Congress could choose to pass an omnibus measure ahead of the end of September and assure the government stays funded.

So, what this means for agricultural labor reform, is that our time is exceedingly short to get anything done.

In March 2021, the House of Representatives passed HR 1603 “The Farm Workforce Modernization Act of 2021” (FWMA).  While it is not a perfect bill, as no legislation is, it reflects rare bipartisan progress on a vexing issue that must be addressed.

Since then, NCAE and our aggie allies have been working to advance a more employer-friendly version of this legislation in the U.S. Senate.  This Senate effort has been championed by Michael Bennet (D-CO) and Mike Crapo (R-ID) reflecting the bipartisan attention this issue requires as well as the necessity of acquiring 60 votes to pass off the Senate floor.  Their negotiations are not yet complete.

This means that for agricultural employers who have been looking to this Congress to at last provide a solution to the demand for agricultural labor that constantly outraces supply, options are limited. 

The Congress could pass the omnibus spending bill discussed earlier and attempt to attach ag labor reform to that piece of legislation.  Alternatively, after the midterm elections, and during the “lame duck” session of the 117th Congress, bipartisan leadership in both Chambers could join to advance legislation on this critical issue.

It may be the “silly season” in D.C., but for agricultural employers, it’s not funny.

NCAE to Share Stories of Ag Employers

| Press Release

(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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Cultivating Community

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How One NCAE Member Transformed Tragedy into an Opportunity to Give Back

How we respond in the face of adversity says a lot about who we are, both as people and as organizations. However, turning tragedy into an opportunity to help and support others takes a special vision and collaboration.

When John Derrick, the Vineyard Manager of Mercer Ranches in Prosser, Washington, learned he lost his close friend in the September 11, 2001 terrorist attacks, he was devastated.

John’s friend, Richard Guadagno, was one of the heroic passengers of Flight 93. As we know, Flight 93 crashed into the Pennsylvania farmland after passengers thwarted a fourth attack on U.S. soil–one that likely was meant to destroy the United States Capitol.

John knew he needed to do something to honor his friend and the others lost in the 9/11 attacks. “To me,” John explained, “to be able to tell this story of Flight 93 was important.” For John, however, the path forward was not so clear. “I always questioned how I was going to end up helping.”

Rob Mercer, President of Mercer Ranches, previously served as a Captain in the U.S. Marine Corps and reenlisted
to serve in Iraq in 2007-2008. When he returned to Mercer Ranches, John approached him with this desire to honor the memory of his friend. Rob and John discussed opportunities to commemorate those lives lost and the role that Mercer Ranches could play.

Ultimately, the vision to plant a memorial block of their vineyard, Block 93, came to fruition.

With the concept of Block 93 fresh in their minds, John and Rob began to work. Ground preparation of the one-acre lot that would become Block 93 began in the Horse Heaven Hills in 2009. In 2010, they planted 911 vines of Cabernet Sauvignon grapes earmarked for use in a premium wine. Members of Mercer Ranches and the surrounding community volunteered to plant the last 40 vines—representing the 40 passengers and crew lost on Flight 93—by hand.

What began as a personal memorial quickly evolved. “It is a super powerful idea,” John said, “that came out of talking about something that I wanted and needed–and something that Rob wanted and needed as well.”

John credits Rob’s vision and leadership for turning Block 93 into a charity. Rob, he explained, saw Block 93 as a way to turn the tragedy of 9/11 into an opportunity for Mercer Ranches to give back to the community.

All proceeds of Block 93 are donated to charitable organizations such as Children of Fallen Patriots Foundation, Semper Fi Fund, and Friends of Flight 93. Mercer also donates bottles of Block 93 to other organizations, including the Flight 93 Memorial in Stoystown, Pennsylvania, which are then able to leverage the wine to raise money for their own causes.

Since starting Block 93, John explained, “we have donated over a quarter of a million dollars.”

Beyond the direct impact Block 93 makes as a charity, it also provides Mercer Ranches an opportunity to build bridges with the surrounding community. As a large farm, and particularly one that is associated with a winery, there are a lot of tours involved. “Getting that chance to get one-on-one time [with visitors] is powerful,” he added.

Visitors are often unaware of the path food takes to get to the plate, and may even have negative preconceptions about agriculture. John explained that Block 93 gives him the opportunity to “share and say I am just as human as you are and we really [have] quite a bit in common…[E]veryone knows where they were [on 9/11], what they were doing, and how it impacted them—directly or indirectly.”

As a result, he added, visitors have told him “they appreciate what we are doing and that we are telling the story.”

This bridge works both ways, he added. “I have gotten to hear their stories as well.”

Block 93 is a crown jewel for Mercer Ranches and exemplifies the good that the agricultural community can do. For other agricultural employers looking for their own charitable opportunity, John has some advice.

“I think the need is out there for everyone to get more involved with the community,” he explained. “No matter your idea or how you connect, there is somebody that wants to connect with you as well and has that same need. Take your ideas and run with them—they will find traction.”

Telling one’s story can have a tremendous impact on changing minds about what agriculture is. As John said, “we know what we know—getting to share allows us to find commonality.”

NCAE Spotlight Mercer Ranches

 

NCAE Opens Registration for 9th Annual Ag Labor Forum

| Press Release

(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 29th 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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NCAE to Host “Turning Down the Heat: Preparing Employers for Proposed OSHA Heat Regulation” Webinar

| Press Release

(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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6.15.22 Article by Michael Marsh

| Articles

My dad is the youngest of ten children. He had five sisters and four brothers. And, to hear my aunts talk about it, while they were still with us, not only was he the baby of the family, but he was babied as well. At least that’s what they said. My dad’s not so sure.

Like many families and kids of the Great Depression they were poor. So were their neighbors. They didn’t have much but, they did have one another.

My grandfather did a lot of different things to try and keep his family having something. Sometimes he was a sharecropper, sometimes he was a horse trader, at the end of his life he was the caretaker at the local cemetery. He always took care not to nick the headstones of the departed with the mower.

I don’t remember my grandfather. He passed away when I was five weeks old. But somehow, though he never had much of anything, he passed along a legacy to my dad that is such a part of the very fabric of people in agriculture, that it almost goes without saying. My grandfather hoped, through his toil, that he would leave his ten children in a little better spot than he had been in when he arrived. Kind of aspirational if nothing else.

Recently, I headed back home to spend some time with my dad and our family. His nieces and nephews wanted to have a get together of sorts with my dad, the lone survivor of the ten. My cousins organized it and it was a small group, but the attendees ranged in age from almost ninety to less than one. Quite a spread that.

After lunch, reminiscing and sharing a good deal of fellowship, we went out to the cemetery to pay our respects to those who had come before. One of my third cousins laid flowers atop the headstones in the same cemetery my grandfather had tended.

When we came to the grave of my grandmother and grandfather, I said a prayer. I thanked them for having given my dad life and, consequently, life to all who were visiting that day.

One thing really struck me as I stood there looking down at the headstone my grandparents shared. As I looked at the dates carved in the gray granite, I realized my grandfather had been born only 31 years after the end of the Civil War. He had surely known veterans of that conflict as he was growing up. Isn’t that something?

And, when I thought of that, it made me think of the importance of legacy. And it made me think of the speech our President had delivered at Gettysburg in the middle of that war. It also made me reflect on the great schism that existed among us Americans at that time in our history and ponder the divisions that exist within our nation today. Kind of aspirational if nothing else.

Gettysburg had been a bloody battle. Tens of thousands had been killed or wounded. It was horrific as all war is. But Lincoln knew that after the war, Americans had to come together again as a people. And he pointed that out.

Everyone recalls the fourscore part, but the next sentence lays out the challenge for us.

“Now we are engaged in a great civil war, testing whether that nation or any nation so conceived and so dedicated can long endure.”

And, at the end, he lays out the legacy.

“…that we here highly resolve that these dead shall not have died in vain – that this nation, under God, shall have a new birth of freedom – and that government of the people, by the people, for the people, shall not perish from the earth.”

Lincoln’s speech that day was special. It is a part of his legacy, and it is only ten sentences long. Lincoln shared in those few words what our nation strives to be and, in my opinion, what our nation can and should be. We don’t need a war to get there.

Every day on every farm and ranch in America, the people who make our country go are building a legacy. It is a legacy to be passed along to the next generation. It is a legacy of hard work, commitment, of love of family and love of country too. It is a legacy of leaving behind a little more than you had when you arrived. Kind of aspirational if nothing else.

I wonder if my grandfather knew.

NCAE to Host Farmworker Tax Issues Webinar

| Press Release

(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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