Category: Articles

NCAE Briefing Bridges Gap Between Farm Realities and Capitol Hill in Agricultural Labor Briefing

| Articles, News, Press Release, Uncategorized

NCAE Briefing Bridges Gap Between Farm Realities and Capitol Hill in Agricultural Labor Briefing

Yesterday, June 2, 2026, the National Council of Agricultural Employers (NCAE) successfully hosted a special educational webinar titled “Fields, Farms, and the Hill: A Congressional Briefing on the State of Ag Labor.” The interactive webinar, co-hosted by Representative Dan Newhouse (WA-04) and Representative Donald G. Davis (NC-01), aimed to arm congressional staffers, agricultural leaders, and stakeholders with vital insights into the H-2A Temporary Agricultural Visa Program.

Led by Tom Bortnyk, Senior Vice President and General Counsel of másLabor, and moderated by NCAE President and CEO John Hollay, the session provided a deep dive into the practical administration of the program. A key focus of the discussion highlighted the common, real-world issues and complex casework challenges currently experienced by farmers and ranchers across the nation who rely on the H-2A program to sustain their operations.

“Effective policy does not evolve in a vacuum,” said John Hollay, NCAE’s President and CEO. “This briefing was a vital opportunity to connect Washington decision-makers and staffers with the actual terrain of American agriculture. By opening this direct line of communication with congressional offices, we are ensuring that future legislative and oversight efforts are grounded in the real-world experiences of agricultural employers.”

In addition to addressing day-to-day farm workforce realities, the briefing tackled the shifting regulatory landscape, including the Department of Labor’s Interim Final Rule and how congressional offices can best handle constituent inquiries.

Access the Webinar Recording

For those who were unable to attend the live event, a recording of the presentation is now available for Congressional staffers, agricultural policy advisors, NCAE membership, and the general public.

  • Watch the Recap: You can view the full webinar recording on YouTube by filling out a brief form here: ncaeonline.org/resources/webinars/.
  • Additional Resources: For more updates and information regarding agricultural labor advocacy, visit the NCAE website at ncaeonline.org.

About NCAE

Founded in 1964, NCAE is the only national association focusing exclusively on agricultural labor issues from the agricultural employer’s viewpoint.

Download Article

NCAE to Co-Host H-2A Visa Program Briefing for Congressional Staff

| Articles, Events, News, Press Release, Uncategorized

NCAE to Co-Host H-2A Visa Program Briefing for Congressional Staff

“Fields, Farms, and the Hill: 

A Congressional Briefing on the State of Ag Labor”

The National Council of Agricultural Employers (NCAE) is pleased to announce a special installment of its educational webinar series which will arm congressional staffers with the critical information they need to know about the H-2A Temporary Agricultural Visa Program and current casework challenges that farmers and workers are experiencing.

On Tuesday June 2, 2026, from 1:00 p.m.–2:00 p.m. Eastern, NCAE will host “Fields, Farms, and the Hill: A Congressional Briefing on the State of Ag Labor.” The webinar will be co-hosted by Representative Dan Newhouse (WA-04) and Representative Donald G. Davis (NC-01).  The interactive webinar will be led by Tom Bortnyk, Senior Vice President and General Counsel of másLabor and moderated by John Hollay, NCAE’s President and CEO. Tom will walk staffers through all aspects of the program, challenges offices are facing regarding constituent casework, the Department of Labor’s Interim Final Rule, and how staffers can best be prepared to handle legislative inquiries from agricultural employers.

“The H-2A program is a lifeline for America’s farmers and ranchers, providing the essential legal workforce necessary to sustain our agricultural operations and secure our national food supply,” said Hollay. “Because agricultural labor policy is heavily regulated and increasingly complex, it is imperative that congressional staffers understand the day-to-day intricacies of this program. Staffers are often the first point of contact for constituent casework and play a crucial role in shaping policy. Their active engagement and deep understanding of the H-2A program are vital to fostering a system that truly works for agricultural employers and the communities they support.”

As the agricultural sector continues to face unprecedented workforce challenges and shifting regulatory landscapes, this briefing aims to bridge the gap between the realities on the farm and the policy discussions happening on Capitol Hill.

The webinar will begin at 1:00 PM ET/10:00 AM PT on Thursday, June 2, 2026. This briefing is open to all congressional staff. Recordings of the webinar presentation will be available to agricultural policy advisors, and key stakeholders interested in the future of agricultural labor upon the conclusion of the webinar. Additional information, including registration details, is available on the NCAE website at ncaeonline.org.

About NCAE

Founded in 1964, NCAE is the only national association focusing exclusively on agricultural labor issues from the agricultural employer’s viewpoint.

Download Article

NCAE Responds to Order Denying Preliminary Injunction

| Articles, News, Press Release, Uncategorized

NCAE Responds to Order Denying Preliminary Injunction

Arlington, VA – Thursday, May 14, 2026

The U.S. District Court in the Eastern District of California has released an order denying the United Farm Workers’ request for Preliminary Injunction in the litigation against the Department of Labor (DOL) on the DOL Interim Final Rule. In the order, the Judge found that the UFW failed to demonstrate irreparable harm, and thus denied their request for preliminary injunction to halt the enforcement of the rule. The Interim Final Rule stands in effect as a result.

“We applaud the Court’s decision to deny the UFW’s request for preliminary injunction on the Department’s AEWR Interim Final Rule,” said John Hollay, NCAE’s President and CEO. “For too long, employers have been forced to pay wages that were detached from economic reality and put American agriculture at strategic disadvantage on the international market. That is why NCAE, with the support of the California Farm Bureau Federation, filed an Amicus Brief in support of the Trump Administration. The DOL IFR levels the playing field for America’s farmers, ranchers and growers. We are deeply appreciative that the Court in California denied this motion which would have wreaked havoc on H-2A employers during a busy growing season.”

About the National Council of Agricultural Employers (NCAE)

NCAE is the only national association focusing exclusively on agricultural labor issues from the employer’s perspective. NCAE is the voice of agricultural employers on employment, safety, and labor law issues and is dedicated to providing American farmers and ranchers with the best available information, tools, and advocacy for managing their workforce.

Download Article

NCAE to Host “Preventing Paperwork Pitfalls: Essential I-9 Compliance for Agricultural Employers”

| Articles, News, Press Release, Uncategorized

NCAE to Host “Preventing Paperwork Pitfalls: Essential I-9 Compliance for Agricultural Employers”

Arlington, VA – Tuesday, April 28, 2026

The National Council of Agricultural Employers (NCAE) is pleased to announce a new educational webinar, “Preventing Paperwork Pitfalls: Essential I-9 Compliance for Agricultural Employers.” This event is designed to equip agricultural employers with the essential knowledge and practical tools needed for I-9 compliance so they can avoid common pitfalls and implement best practices for their agricultural operation.

“Properly filling out and maintaining I-9 forms is a critical compliance area for all agricultural employers, yet it remains a common source of audits and penalties,” said John Hollay, NCAE’s President and CEO. “We are thrilled to pair together expert legal acumen with day-to-day operational know-how to help our members confidently navigate these requirements.”

The interactive webinar will be led by Ryan Ayres of FirstFruits Farms and Cynthia Yarbrough of Fisher Phillips. John Hollay will facilitate the discussion. The webinar will take place on May 14th from 2:00 to 2:30 PM ET.

Ryan is the Director of Human Resources for the largest Opal apple grower, FirstFruits Farms, and the owner of Desert Management Services, providing growers with assistance and guidance for each step of the H-2A process.  Ryan has served in various consulting, accounting, and human resource leadership roles over the past 20 years and currently serves as NCAE’s H-2A Committee Chairman and Executive Committee Vice Chairman.

Cynthia is an Immigration partner in the Fisher Phillips Atlanta office and a member of the firm’s Immigration Practice Group. Her practice focuses on business immigration, representing domestic and multinational employers before the U.S. Citizenship and Immigration Services, the U.S. Department of Labor (USDOL) and the U.S. Department of State.

This webinar is announced following a recent update from U.S. Citizenship and Immigration Services (USCIS) that lowered the threshold and increased fines on common I-9 infractions. With penalties now ranging from $288 to $2,861 per violation, agricultural employers must be more vigilant than ever. Under this new penalty system, seemingly minor administrative oversights are now classified as substantive errors that can trigger severe financial consequences.

Participants will be eligible to receive a half (.5) Professional Development Credit from the Society for Human Resource Management upon completion of the webinar. Additional information about the webinar, including registration details, is available on the NCAE website at ncaeonline.org. To claim SHRM credit or for more information about the webinar or to register, please contact Susan Lester, NCAE’s Director of External Affairs and Operations.

About NCAE

Founded in 1964, NCAE is the only national association focusing exclusively on agricultural labor issues from the agricultural employer’s viewpoint.

 

Download Article

Jeanne Malitz to Serve as Secretary of NCAE Executive Committee

| Articles, News, Press Release, Uncategorized

Jeanne Malitz to Serve as Secretary of NCAE Executive Committee

Arlington, VA – Tuesday, April 21, 2026

The National Council of Agricultural Employers (NCAE) is pleased to announce the election of Jeanne Malitz to its Executive Committee, where she will serve in the critical leadership role of Secretary. She brings a deep understanding of the agricultural workforce landscape and a wealth of legal expertise to NCAE’s Executive Committee. In her role as Secretary, Malitz will help guide the strategic direction of the NCAE as it continues to advocate on behalf of agricultural employers across the United States.

“We are thrilled to welcome Jeanne to the Executive Committee leadership team,” said John Hollay, NCAE’s President & CEO. “Her unwavering commitment to the agricultural community and deep knowledge of the intricacies of agricultural workforce issues make her an invaluable asset to NCAE. Jeanne’s perspective will be vital as we continue to champion policies that support agricultural employers and ensure a stable, legal workforce for American agriculture.”

Joel Anderson, Chairman of the Executive Committee and owner of Anderson Immigration Law, emphasized the strength Malitz adds to the committee’s leadership. “Jeanne’s stellar reputation in the agricultural workforce community precedes her,” Anderson stated. “Having her step into the role of Secretary strengthens our committee’s ability to navigate the complex regulatory and operational challenges facing the agricultural community today. We look forward to working closely with her to advance our shared goals.”

“I am deeply honored,” said Malitz, “to be elected as the incoming Secretary of the National Council for Agricultural Employers. Over the past two decades, I have been closely involved with NCAE and have seen firsthand the organization’s growth and significant influence on agricultural policy. I look forward to serving alongside President John Hollay and the Executive Committee as we continue advancing NCAE’s mission and national leadership within agriculture.”

Malitz is the principal of MalitzLaw, Inc., a boutique law firm specializing in employment-based immigration matters. MalitzLaw, Inc. has a national presence representing employers on a wide variety of immigration-related matters with an emphasis on permanent labor certification and temporary labor certification for agricultural employers.

For more information about the National Council of Agricultural Employers and its leadership team, please visit NCAE’s website.

About NCAE

Founded in 1964, NCAE is the only national association focusing exclusively on agricultural labor issues from the agricultural employer’s viewpoint.

Download Article

Susan Lester Promoted to Director of External Affairs and Operations at National Council of Agricultural Employers

| Articles, News, Press Release, Uncategorized

Susan Lester Promoted to Director of External Affairs and Operations at National Council of Agricultural Employers

Arlington, VA – Monday, March 9, 2026

The National Council of Agricultural Employers (NCAE) is pleased to announce the promotion of Susan Lester from Manager of Association Services, to her newly appointed role of Director of External Affairs and Operations. In this expanded role, Lester will join President & CEO John Hollay on the Council’s public-facing initiatives, and will also lead efforts to drive strategic communications and oversee internal operations to better serve NCAE’s community nationwide.

During her tenure as Manager of Association Services, Lester has been instrumental in modernizing member communications, growing event attendance and tradeshow participation, and enhancing member resources. Her transition to Director of External Affairs and Operations marks a critical step in advancing NCAE’s mission to fiercely advocate for America’s agricultural employers.

“Susan has been an integral asset to NCAE and our members. She has rightfully earned her place as a leader of this organization and within the agricultural community,” said John Hollay, President and CEO of NCAE. “Her commitment and connection to the industry we serve, alongside her organizational knowledge and expertise, make her exceptionally qualified to take NCAE to the next level.”

In her new capacity, Lester will work closely with industry partners to amplify the voice of America’s farmers and ranchers. Additionally, she will manage the daily operations of the association, ensuring that member services continue to operate efficiently and effectively.

“America’s agricultural community is driven by unmatched heart and hustle, and I am deeply grateful for their faith in me as I take on this new role at such a pivotal time for agricultural employers,” said Lester. “I look forward to working hard for them, amplifying their stories, expanding our outreach, strengthening our operational foundations, and continuing to advocate for America’s farmers and ranchers.”

About the National Council of Agricultural Employers (NCAE)

NCAE is the only national association focusing exclusively on agricultural labor issues from the employer’s perspective. NCAE is the voice of agricultural employers on employment, safety, and labor law issues and is dedicated to providing American farmers and ranchers with the best available information, tools, and advocacy for managing their workforce.

Download Article

NCAE Responds to President Trump’s Remarks in State of the Union Address

| Articles, News, Press Release, Uncategorized

NCAE Responds to President Trump’s Remarks in State of the Union Address

Arlington, VA – Tuesday, February 24, 2026 – President Donald J. Trump concluded his first State of the Union of his second term late tonight. During his address, President Trump highlighted the steps taken by the administration to enhance economic prosperity and further secure the Nation.

“We now have the strongest and most secure border in American history by far. In the past 9 months, zero illegal aliens have been admitted to the United States. But we will always allow people to come in legally. People that will love our country and will work hard to maintain our country,” said President Trump, early in his remarks.

“President Trump’s State of the Union once again demonstrated his personal commitment to overcoming our challenge of accessing a legal, reliable workforce to continue producing food right here in America,” stated John Hollay, President and CEO of the National Council of Agricultural Employers. 

“By securing the border,” Hollay added, “the President has taken the steps necessary to ensure Congress can now move expeditiously to give us the workforce we need to ensure our nation’s food security and keep our farming operations in business. NCAE stands ready to work with President Trump and Congress to bring in the legal farm workers we need who love this country and want to help us maintain it, as the President said.”

About the National Council of Agricultural Employers (NCAE)

NCAE is the only national association focusing exclusively on agricultural labor issues from the employer’s perspective. NCAE is the voice of agricultural employers on employment, safety, and labor law issues and is dedicated to providing American farmers and ranchers with the best available information, tools, and advocacy for managing their workforce.

Download Article

NCAE Annual Meeting Tackles Urgent Ag Workforce Regulations; Highlights Collaboration with Federal Agencies

| Articles, News, Press Release, Uncategorized

 

NCAE Annual Meeting Tackles Urgent Ag Workforce Regulations; Highlights Collaboration with Federal Agencies

Arlington, VA — [February 11, 2026] —

 Amidst a rapidly shifting regulatory environment for American agriculture, the National Council of Agricultural Employers (NCAE) is convening its 2026 Annual Meeting in Washington, D.C. The three-day event has drawn farmers, ranchers, growers, agents and industry leaders from across the country to address the pressing regulatory complexities with which agricultural employers must contend.  

The conference opened Wednesday with a keynote address from U.S. Department of Agriculture (USDA) Deputy Secretary Stephen Vaden. Secretary Vaden outlined the Trump Administration’s strategic initiatives designed to provide immediate relief to the agricultural sector including Farmer Bridge Assistance Program payments, the importance of specialty crop producers sharing data with USDA, and the need for organizations like NCAE to support the actions taken by the Trump Administration to support the agricultural community, such as the Department of Labor’s Interim Final Rule related to the Adverse Effect Wage Rate. 

“It is vital that organizations like [NCAE] be present in every stage of litigation, whether it be in the trial court, in appellate proceedings to come, and however far it goes…Thank you for putting the resources behind it–it’s really going make a difference that you were there to join with the Department of Labor and the Department of Justice, hand-in-glove with the Department of Agriculture to back up how important this rule is, and to talk about what the prior version of the rule meant to your operations, and how much a difference this new version of the rule will make, how it takes into account the economic reality of the expenses that federal law requires you to pay the legal workers you hire.” 

Wednesday was also punctuated by remarks from U.S. Rep. Dan Newhouse (WA-4) and Rep. Jim Costa (CA-21) which highlighted the vital intersection of federal policy and on-the-ground agricultural realities. After hearing from ag industry experts about what potential agricultural workforce reforms might look like, attendees adjourned on Wednesday to march on Capitol Hill to advocate for long-overdue ag workforce reforms. 

Tuesday’s technical sessions provided agricultural executives with critical analysis of the current regulatory framework with which employers must content. The sessions began with “DOL IFR: Where Are We Now?”,  led by legal experts Kristi Boswell of Alston & Bird and Chris Schulte of Fisher Phillips. The session comes on the heels of NCAE’s filing of an amicus curiae brief in support of the Department in United Farm Workers, et al. v. U.S. Department of Labor, a case challenging the Department’s Adverse Effect Wage Rate (AEWR).

The legal analysis was immediately followed by a deep dive into the “Economic Case for IFR,” featuring insights from expert economists, Samantha Ayoub and Dr. Philip Martin with the American Farm Bureau Federation and the University of California, Davis respectively. These sessions underscored the industry’s need for data-driven dialogue and clear regulatory guidance to ensure the sustainability of U.S. farming operations.

“Agricultural employers are facing one of the most complex labor landscapes in recent history, and clarity is essential for our survival,” said John Hollay, President & CEO of NCAE. “We are here in Washington not just to understand these new rules, but to engage directly with the agencies and lawmakers shaping them. Our goal is to foster a collaborative environment where policies support both the workforce and the farmers and growers who feed the nation.”

On Tuesday, attendees also participated in targeted discussions on the current political landscape for the agricultural community, transportation challenges within the H-2A program, and received practical training on effective advocacy from legislative insiders. The day concluded with cross-sector perspectives from agricultural leaders from the dairy, mushroom, and vertical farm and greenhouse industries, providing a holistic approach to the agricultural community’s shared challenges. The day’s programming was further distinguished by remarks from U.S. Representative David Rouzer (NC-7), U.S. Representative Bill Huizenga (MI-4), and U.S. Representative Don Davis (NC-1),  reinforcing the vital dialogue between agricultural employers and Capitol Hill.

About NCAE

Founded in 1964, NCAE is the only national association focusing exclusively on agricultural labor issues from the agricultural employer’s viewpoint. 

-30-

 

Download Article

NCAE Files Amicus Brief Supporting DOL’s AEWR Interim Final Rule

| Articles, News, Press Release, Uncategorized

 

NCAE Files Amicus Brief Supporting DOL’s AEWR Interim Final Rule

Arlington, VA — [February 6, 2026] — The National Council of Agricultural Employers (NCAE) today announced that it has filed an amicus curiae brief in support of the U.S. Department of Labor (DOL) in United Farm Workers, et al. v. U.S. Department of Labor, a case challenging the Department’s Adverse Effect Wage Rate (AEWR) Interim Final Rule (IFR) governing the H‑2A agricultural worker program. The NCAE brief was joined by the California Farm Bureau. 

“For years, agricultural employers were forced to operate under a wage‑setting system that falsely inflated wages due to a broken and outdated methodology,” said John Hollay, President and CEO of the National Council of Agricultural Employers. “The Department of Labor’s interim final rule corrects that failure by restoring a realistic, data‑driven wage system that reflects actual labor‑market conditions while continuing to protect U.S. workers, as the law requires and our members want the court to know why we can’t go back to a system that was bankrupting the American farmer.”

The AEWR IFR, issued in October 2025, modernizes how wages are calculated for H‑2A non‑range agricultural occupations by replacing the discontinued and unreliable USDA Farm Labor Survey with wage data from the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics. The rule also establishes skill‑based wage tiers and accounts for employer‑provided housing, creating a more accurate and transparent framework.

In its brief, NCAE highlighted the how and why the Farm Labor Survey needed to be replaced and the harm that would be brought to farmers, consumers and the economy in general. According to the Department of Labor’s own analysis, correcting the inflated wage calculations produced under the prior system is expected to save agricultural employers approximately $2.46 billion per year — more than $17 billion over ten years — while maintaining the statutory requirement that U.S. workers not be adversely affected.

About NCAE

Founded in 1964, NCAE is the only national association focusing exclusively on agricultural labor issues from the agricultural employer’s viewpoint. 

-30-

 

Download Article

Winning!

| Articles

Winning!

Unfortunately, it’s been far too long since agricultural employers have had much to cheer, but
perhaps we are starting to see some light at the end of the tunnel. And it appears at this point;
it’s not a train barreling down the tracks toward us.

No one in the prior Administration could have looked farm and ranch families in the eye and
credibly argued that the regulatory onslaught by the agencies against them for the four years
beginning on January 20, 2021, were only incremental changes. Attorneys from the
Department of Justice, defending the actions of the Department of Labor (DOL), tried to do so
in our case against the “Worker Protection Rule” brought in Kentucky, but the District Court
judge disagreed and slapped them with an injunction.

It was the second of three injunctions issued by different Courts against this offensive
regulation. DOL, finding they could not enforce the regulation against any farm and ranch
families after NCAE’s victory, was forced to start the process of rescinding this insidious
regulation and NCAE recently filed comments to help close the book on this dark chapter.

Winning!

As that recission process was moving forward, the DOL announced they would be suspending
the collection of new fees from participants in the H-2A program until further notice, reducing
the application costs for users immediately and allowing dollars to remain in the pockets of
those who feed and clothe our nation, rather than transferred to government coffers.
However, the DOL was not yet done. They Office of Foreign Labor Certification announced they
were rescinding guidance issued in 2011 disallowing the “staggering” of entry of temporary
workers into the U.S. on a single petition. This recission would allow employers to file a single
petition for all their needed workers for a season but be allowed to stagger their entry, thereby
reducing the significant costs associated with filing multiple petitions. This was one of the
streamlining items NCAE recommended to the Department of Government Efficiency (DOGE)
when we were asked for our help on how to help cut H-2A users’ costs in using the program.

We were happy to help.

Winning!

H-2A program users received some good news this week as the State Department relented
somewhat on the requirement that all temporary workers would have to go through an

interview.  Interview waivers had previously been used to expedite the consular process and
speed essential workers to our farms and ranches.

NCAE had written several letters to Secretary Rubio, his colleagues in the cabinet at Labor and
Agriculture as well as the White House and pressed our contacts at the Department of State to
encourage them to adjust its policy.  The State Department, like other agencies, experienced a
significant reduction in force at the start of the new Administration.  Additional consular
support had been provided to State by USAID before that agency was eliminated.  The
frequency of delays reported by members had jumped as the consulates’ workload exploded
with too few hands available to do the necessary work. Kind of like the labor shortages
experienced by farm and ranch families.

Winning!

NCAE has scheduled a meeting with the White House Office of Information and Regulatory
Affairs for next Tuesday.  The purpose of the meeting is to attempt to influence what the
Department of Labor is seeking to do with the Adverse Effect Wage Rate (AEWR) following the
vacatur of the 2023 AEWR rule by the Federal District Court in Louisiana.

The Department has filed a Notice of Proposed Rulemaking for an Interim Final AEWR rule (IFR)
which would become effective upon its publication in the Federal Register.  We expect this
process to move very quickly due to the unique nature of an IFR.  Part of the reason for the IFR
is tied to the fact that USDA has ceased the data collection process for its Farm Labor Survey
(FLS) which the Department of Labor has historically misused to establish wage rates in the H-
2A program. A change promoted to the Secretary by NCAE.

NCAE will testify that the disaggregated wage rates that the Louisiana Court found to be
arbitrary and capricious should not be in any way resurrected under this new rule.  We will also
testify that wage rates should be determined by the market, just like the prices for a farmer’s or
a rancher’s crop, rather than a government mandate that disconnects the rates from the
market.

The Department’s misuse of that data has forced America’s food production to flee our shores
and provided our foreign competition an open door to capture market share, forcing the
closure of thousands of family farms.  We are pleased Secretary Rollins listened to our pleas for
relief.

Winning! Let’s get used to it!