NCAE Announces “Eye of the Storm” Panel Investigating Interim Final Rule at 2025 Ag Labor Forum

(Arlington, VA) What does the future hold for the agricultural community? Are the best days of American agriculture behind us or ahead? What wages must workers be paid? Can we reboot American ag producer prosperity? Can we halt manufactured wages driving the closure of farms and ranches? Can American agriculture again compete in the modern market?

Answers to these questions and many, many more will be investigated and answered at the 2025 Ag Employer Labor Forum hosted by the National Council of Agricultural Employers (NCAE). The 2025 Labor Forum will take place December 3-5th at the beautiful M Resort just outside Las Vegas, NV.
NCAE announced earlier today that it will host a special session, “Eye of the Storm: Investigating the IFR for American Ag,” during which economists, thought leaders and legal experts will unpack what the Department of Labor’s recently announced Interim Final Rule (IFR) has in store for the agricultural community. The IFR is currently on track to be published prior to the start of NCAE’s Labor Forum.

“Our members and the agricultural community at-large are excited by the potential for much overdue relief from out-of-control Adverse Effect Wage Rates,” stated Michael Marsh, NCAE’s President and CEO. “America’s farm and ranch families must have relief. This is a pivotal moment for the agricultural community – one that could make or break the future for many of America’s farm and ranch families for generations to come. NCAE has been fighting nonstop against mandated wage rates disconnected from the market and expects the new regulation to be issued prior to the start of the 2025 Forum. We are excited to unpack this critical rule and so much more with our attendees in Las Vegas.”

Along with the panel discussion on the IFR, NCAE has developed exciting new programming for the 2025 Forum tailored to the needs of and suited for all farmers and ranchers, office managers, personnel managers, service providers, agricultural agents, attorneys and other stakeholders interested in agricultural labor.
This year’s speakers will expound upon a diverse range of topics during its general sessions and special breakout sessions. Topics include an economic outlook for US Farm Labor in 2026, hot legal topics in ag labor, litigation strategy for agricultural employers, must-knows for Farm Labor Contractors, a compliance workshop, a clinic on H-2A taxes, best practices for ag labor in the domestic enforcement era, and much more.

Attendees of 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).

“It has been a big year for America’s farmers and ranchers. American agriculture, and particularly agricultural labor, were under the political spotlight in 2025. Likewise, the 2025 Ag Employer Labor Forum is shaping up to be the biggest and best yet and will sell out once again,” said Michael Marsh, President and CEO of NCAE. “We are excited for the new engaging activities we have in store and are delighted to extend early bird pricing and a discounted room rate in the NCAE room block to our members and members of the broader agricultural community.”

Early Bird Registration Rates:
· Member: $455
· Non-Member: $560

Sponsorship Opportunities:
NCAE is excited to offer a variety of sponsorship opportunities for organizations looking to support the agricultural community, gain exposure among leaders of the agricultural industry, and connect with the hundreds of in-person ag employers, agents, attorneys and others who will attend this year’s Forum.

“Last year,” noted Marsh, “NCAE was thrilled to receive record interest in our trade show, resulting in a completely sold-out exhibition space and an extended trade show floor, which also sold-out. Don’t delay if you want to be a part of this incredible event which reaches hundreds of attendees and top-level decision-makers.”

About NCAE:

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

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NCAE Urges USDA to Issue Report and Referral to Protect American Farmers and Farmworkers

(Arlington, VA) The National Council of Agricultural Employers (NCAE) is urging U.S. Department of Agriculture (USDA) Secretary Brooke Rollins to issue a report – and, if appropriate, a criminal referral – regarding allegations from farmworkers that they were targeted and coerced by union activists to sign union authorization cards in order to receive federal grant payments related to the COVID-19 pandemic.

“The previous administration should have never made the mistake of entrusting anti-farmer activists with federal grant funds,” stated Michael Marsh, NCAE’s President and CEO. “NCAE has pushed for an investigation into these disturbing allegations since 2023. It is time for Secretary Rollins to bring an end to this dark moment in agricultural history so that we might learn from past mistakes and ensure they never occur again.”

In 2023, and again in 2024, NCAE contacted the USDA Office of Inspector General (OIG) regarding evidence from farmworkers that the United Farm Workers (UFW) and UFW Foundation were coercing farmworkers into signing “card check” cards as a condition of receiving grand funds under the Farm and Food Workers Relief (FFWR) grant program. In Spring and Summer of 2024, several media outlets reported farmworkers’ claims similar to those received and reported to USDA by NCAE in 2023.

Last year, NCAE filed a Freedom of Information Act (FOIA) request that asked USDA to produce information regarding their relationship with UFW Foundation and their “contact persons,” the UFW team. In a letter sent earlier today, NCAE explained that OIG has been investigating these allegations since at least July 23, 2024. At this time, no report has been issued, and no criminal referral has been made to the Department of Justice.

“Disappointingly,” noted Marsh, “the documents provided thus far by the Agricultural Marketing Service (AMS) suggest that the previous administrations did not treat the concerns raised by farmworkers and shared by farmers with the gravity that was deserved. Rather, it appears that the confluence of limited accountability and nominal oversight which pervaded the previous administration created a breeding ground in which nefarious behavior might occur.”

“The agricultural community has greatly appreciated the change in tone and tenor from the Department under Secretary Rollins’ leadership,” he continued. “Her longstanding commitment to stomping out fraud, waste, and abuse is desperately needed to correct mistakes like these made by the previous administration.”

“American agriculture cannot afford to repeat mistakes, particularly mistakes that put American farms, ranches, and farmworkers at risk. The Department’s issuance of a report and, if appropriate, a criminal referral, will be a strong step towards ensuring America’s farmworkers and farmers are not put through this ordeal again.”

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

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NCAE Opens Registration for 2025 Ag Employer Labor Forum

 

(Arlington, VA) The National Council of Agricultural Employers (NCAE) announced that early bird registration for the premier event for America’s agricultural employers, the NCAE Ag Employer Labor Forum, is now open. This year’s Forum will take place on December 3-5, 2025, at the beautiful M Resort just outside Las Vegas, Nevada.

NCAE has developed exciting new programming for the 2025 Forum tailored to the needs of and suited for all owners, operators, office managers, personnel managers, service providers, agricultural agents, attorneys and other stakeholders interested in the ag labor industry.

This year’s speakers will feature a diverse range of topics and breakout sessions including the economic outlook for US Farm Labor in 2026, hot legal topics in ag labor, must-knows for Farm Labor Contractors, a clinic for H-2A taxes, best practices for ag labor in the domestic enforcement era, and much more.

Attendees of 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).

“The political spotlight focused on ag labor in 2025. Likewise, the 2025 Ag Employer Labor Forum is shaping up to be the biggest and best yet,” said Michael Marsh, President and CEO of NCAE. “We are excited for the new engaging activities we have in store and are delighted to extend early bird pricing and a discounted room rate in the NCAE room block to our members and members of the broader agricultural community.”  

Early Bird Registration Rates:

  • Member: $455
  •  Non-Member: $560

Sponsorship Opportunities:

NCAE is excited to offer a variety of sponsorship opportunities for organizations looking to support the agricultural community, gain exposure among leaders of the  agricultural industry, and connect with the hundreds of in-person ag employers, agents, attorneys and others at who will attend this year’s Forum.

“Last year,” noted Marsh, “NCAE was thrilled to receive record interest in our trade show, resulting in a completely sold-out exhibition space and an extended trade show floor, which also sold-out. Do not delay if you wish to be a part of this incredible event which reaches hundreds of attendees and organizational decision-makers.”

“This year, we are excited to offer a new option for ag community leaders who wish to make a palpable impact on the shape of the 2025 Forum,” explained Susan Lester, NCAE Manager of Association Services. “Event hosts will receive special recognition and promotional thanks prior to and at the Forum. And, in response to last year’s record interest, NCAE has expanded the trade show floor to accommodate even more interested sponsors and arranged a new layout so that all sponsors will get optimal use out of their space.”

Interested parties are encouraged to contact Susan Lester, [email protected], for sponsorship details.

Ag Employer Labor PAC – Cultivating Agricultural Champions:

The Ag Employer Labor PAC will host a dinner on December 2, 2025, the evening prior to the start of the NCAE Ag Employer Labor Forum. The PAC aims to grow and cultivate relationships with Members of Congress interested in championing the agricultural community.

Attendees will enjoy a private, upscale, donors-only dinner in the Wine Cellar at the M Resort accompanied by great wine, delicious food, live music and a special guest speaker who is sure to enthrall, engage and expand the horizons for all who attend.   

The PAC dinner will be held and ticketed separately from the Labor Forum. Attendees of the Forum are encouraged to consider whether they might wish to take part in this exclusive and entertaining evening focused on improving the outlook for ag employers nationwide and cultivating champions for ag labor issues in the Congress.

Individuals may indicate their interest in further communication about this event on the Labor Forum registration portal.  Contributions to the Ag Employer Labor PAC are nondeductible for income tax purposes and may not include contributions made by nor on behalf of a corporation.

Forum Registration & Room Block:

The early bird registration period will close on October 10, 2025. NCAE’s discounted room block at the M Resort will close on November 17, 2025, or once the room block is full. We expect the room block to sell out well in advance. To secure your spot at the Forum and take advantage of discounted room rates at the M Resort, visit NCAE’s Labor Forum registration page today

About NCAE:

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

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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

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.”

# # #

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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July 8, 2025

For Immediate Release

Contact:          Michael Marsh, President and CEO

                        (202) 629-9320

 

NCAE Urges USDA to Issue Report and Referral on Potential Misuse of Government Grant Monies

 (Arlington, VA) The National Council of Agricultural Employers (NCAE) is urging the U.S. Department of Agriculture (USDA) to issue a report – and, if appropriate, a criminal referral – regarding allegations from farmworkers that they were targeted and coerced by union activists to sign union authorization cards to receive federal grant payments related to the COVID-19 pandemic.

“Entrusting anti-farmer activists to disburse federal grant funds was a shortsighted mistake made by the previous Administration,” noted Michael Marsh, President and CEO of NCAE.  “What could possibly go wrong with a plan like that? We trust that Secretary Rollins will move quickly to close the book on this matter if the evidence the IG’s investigation uncovers reflects the veracity of the farmworkers’ claims.”

In 2023, and again in 2024, NCAE contacted the USDA Office of Inspector General (OIG) regarding allegations made by farmworkers that organizers with the United Farm Workers (UFW) were coercing or tricking farmworkers into signing “card check” unionization cards as a condition of receiving grant funds under the Farm and Food Workers Relief (FFWR) grant program.  Signing a union card was not a prerequisite for farmworkers receiving the grant.

Last year, NCAE filed a Freedom of Information Act (FOIA) request that asked USDA to produce information regarding their relationship with UFW Foundation and their “contact persons,” the UFW team. In a letter sent earlier today, NCAE explained that OIG has been investigating these allegations since at least July 23, 2024. At this time, no report has been issued, and no criminal referral has been made to the Department of Justice.

Apparently, the grant recipient, United Farm Workers’ Foundation (UFWF) had selected UFW to assist in disbursement of grants to workers.  UFWF reportedly received $95 million to disburse, but the Freedom of Information Act (FOIA) request filed by NCAE with the USDA failed to provide any agreements or financial reporting provided by UFWF to the USDA regarding the disbursements made, balances retained, unused funds returned to USDA as undisbursed monies, nor payments made by UFWF to organizations such as UFW. 

In Spring and Summer of 2024, several media outlets reported farmworkers’ claims in California like those received and reported to USDA by NCAE in 2023 that had occurred in New York.

“We are grateful for the responsiveness and compliance from the Agricultural Marketing Service regarding this inquiry,” noted Marsh. “The documents provided thus far by the Agricultural Marketing Service suggest that America’s agricultural community’s concerns, shared by both farmworkers and employers, were frustratingly not shared by the previous Administration. It appears that the dearth of accountability under the previous Administration created a perfect storm under which nefarious behavior might occur.”

“The agricultural community has greatly appreciated Secretary Rollins’ advocacy on their behalf regarding agricultural labor. Likewise, we know that under Secretary Rollins’ leadership, that lack of accountability will not stand.”

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

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June 22, 2025

For Immediate Release

Contact:       Michael Marsh, President and CEO

                        (202) 629-9320

NCAE Celebrates Suspension of Worker Protection Rule

(Arlington, VA) The National Council of Agricultural Employers (NCAE), its members, and the agricultural community nationwide are celebrating the suspension of a rule that falsely cast shade on America’s agricultural community.

Late Friday afternoon, the Department of Labor (DOL) announced that they are suspending the “Improving Protections for Workers in Temporary Agriculture Employment in the United States” Rule, commonly known as the Worker Protection Rule. The announcement of the suspension comes after various parts of the Rule were enjoined in multiple District Courts because of legal action brought by NCAE and other agricultural organizations throughout the United States.

“NCAE and our members were shocked and offended by the promulgation of the Worker Protection Rule,” explained Michael Marsh, NCAE’s President and CEO. “America’s farm and ranch families care about their workers and work each day to ensure that their business operations are in compliance with local, state and federal regulations at significant expense.”

“From the outset, it was clear that the pejorative nature and tenor of the Rule was intended to feed and foster false and inappropriate narratives about America’s agricultural community. America’s farmers and ranchers are excited and relieved that this Administration put this Rule out to pasture.”

“NCAE met with the Department just after this proposed regulation was published to warn them that the Rule was fatally flawed. In that meeting, the Council explained that the NPRM was an inartful and undisguised attempt to circumvent the Supreme Court’s decision in Cedar Point Nursery v. Hassid (2021). It was also violative of the will of Congress under the National Labor Relations Act of 1935. NCAE told the Department it is not the role of regulators to legislate. That role belongs solely to Congress under Article I of the Constitution.”

“The Department frustratingly did not heed the advice of the agricultural community and promulgated the Rule in 2024. However, America’s farmers and ranchers do not back down from a fight when the cause is just and the battle is necessary,” said Marsh.

As a result of their poor judgement in promulgating a rule that was both inappropriate in nature and offensive to the agricultural community, the Department was met with legal action brought by NCAE alongside legal actions brought by our agricultural colleagues once the Rule was finalized. Those legal actions resulted in three injunctions against the regulation in different jurisdictions. The Courts agreed with America’s farm and ranch families.

“Finally, after three different Courts blocked the rule three different times, it appears the Department finally agrees with NCAE and our colleagues,” explained Marsh. “We are glad we could convince them that America’s farm and ranch families are deserving of support, not false shade. This is a big win for America’s agricultural employers and the people working alongside them who are critical to our nation’s food security.”

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

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June 2 2025

For Immediate Release

Contact:       Michael Marsh, President and CEO

                        (202) 629-9320

Judge Sets Hearing Date For Challenge to Adverse Effect Wage Rate

(Arlington, VA) A Federal U.S. District judge in the Middle District of Florida has decided that the next step in a yearslong battle for farmers’ and ranchers’ rights to make their own business decisions can take place. After months of delay and dragging-on, U.S. District Court Judge Charlene Honeywell set a date for oral arguments in the National Council of Agricultural Employers’ (NCAE) Motion for Summary Judgment challenging the legality of the Department of Labor’s (DOL) Adverse Effect Wage Rate (AEWR).

After receiving a third request from the Department of Justice (DOJ) for the court to issue a 90-day stay in the Council’s litigation, Judge Honeywell denied the stay. The Court noted that the “latest motion fails to demonstrate that an additional stay is appropriate at this time, particularly in light of plaintiffs’ allegations of ongoing harm.” NCAE’s challenge of this unlawful rule began in April 2023 following the Biden Administration’s promulgation of the AEWR Final Rule in February 2023.

“We are grateful to the court for disallowing unending delay tactics,” stated Michael Marsh, NCAE’s President and CEO. “America’s agricultural community is being forced to foot-the-bill of this illegal wage rate with each passing pay period. America’s farmers and ranchers need relief and need it now.”

Oral arguments on NCAE’s Motion for Summary Judgment on the AEWR rule are now scheduled to take place on Tuesday, July 1, 2025, in Federal District Court in Tampa.

“The overzealous Biden Administration’s DOL forced America’s farm and ranch families to pay this unlawful wage for years, costing them billions as our food production moves offshore at an alarming rate,” stated Marsh. “If the grocery-buying public wishes to find American-grown food on their grocery shelves, this regulation must be stopped. The deference the Court afforded the DOL in finding the regulation could not be enjoined, was overruled by the Supreme Court last term. We are hopeful that the new Administration will see the common-sense arguments made by the Council and our colleagues and undo this illegal wage-setting policy promulgated by Washington bureaucrats.”
NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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May 23, 2025

For Immediate Release

Contact:       Michael Marsh, President and CEO

                        (202) 629-9320

NCAE Advocates to Cut Red Tape Crippling America’s Agricultural Community

(Arlington, VA) The Department of Justice’s (DOJ) Antitrust Division’s Anticompetitive Regulations Task Force is seeking suggestions to unearth and unwind anticompetitive regulations. The National Council of Agricultural Employers (NCAE) answered that call, submitting comments on seven regulatory roadblocks which are impeding America’s farming and ranching communities’ ability to achieve and sustain the American dream.

“Over the past four years, America’s farm and ranch families have found themselves drowning in a turbulent regulatory sea,” wrote Michael Marsh, NCAE’s President and CEO. “Many of these were promulgated by federal regulators who were seduced by special interest groups which aim to weaken American families, businesses and the American economy.”

“As a result,” Marsh explained, “America’s family farms and ranches—the backbone of rural America—are vanishing at an increasing rate. Likewise, finding American-grown food on grocery store shelves is becoming increasingly difficult”

In the Task Force’s statement soliciting stakeholder comments, the Task Force explained that consistent with President Trump’s Executive Order 14192 and 14219 and longstanding Department practice, “the Antitrust Division will support federal agencies’ deregulatory initiatives by sharing its market expertise on regulations that pose the greatest barriers to economic growth.” The Task Force explains that the phenomenon known as “regulatory capture” occurs when agencies are “captured” by special interest groups and promulgate regulations that harm private enterprise, small business, and American entrepreneurship. The Task Force explained that “when regulations serve the few and impose undue burdens on small businesses, private enterprise, and entrepreneurs, they also harm competition and ultimately hurt American consumers, workers, and businesses.”

“Over the past four years,” noted Marsh, “the disdainful tenor used throughout the promulgation of many of these regulations make it clear that their promulgation is a direct result of the regulatory capture as described in the Task Force’s statement.”

In response to the solicitation for feedback, NCAE advocated for the DOJ Task Force to examine, investigate and advocate for rescission or withdrawal seven overburdensome, arbitrary, capricious and economically unsound regulations that target and harm America’s agricultural community. Those regulations include the Department of Labor’s (DOL) Adverse Effect Wage Rate (AEWR), the DOL Worker Protection Rule, the DOL H-2A Program Rule, the Department of Homeland Security (DHS) Asylum Fee Rule, the DHS Worker Protection Rule, the Occupational Safety and Health Administration (OSHA) Walkaround Rule and the OSHA Heat Rule.

“Rather than resulting in any benefit to American farmers and ranchers, American workers, or American taxpayers, the point of the regulations seems merely to create more paperwork for employers to file and federal employees to push from desk to desk, while simultaneously increasing compliance costs, reducing efficiency, and crippling America’s competitiveness in the marketplace.

“For American agriculture to remain competitive at home and in foreign markets,” wrote NCAE, “this cannot continue.”

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

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March 27, 2025

For Immediate Release

Contact:       Michael Marsh, President and CEO

                        (202) 629-9320

NCAE Urges USDA to Investigate Undisbursed Funds to Farmers

(Arlington, VA)

In a letter addressed to U.S. Department of Agriculture Secretary Brooke Rollins, the National Council of Agricultural Employers (NCAE) urges Secretary Rollins to investigate an unexplained halt in disbursement of federal grant funds previously allocated and awarded to farmers to help address critical labor shortages and reduce irregular migration.  

Last year, USDA’s Farm Labor Stabilization and Protection Pilot Grant Program (FLSP) awarded $50 million in federal grant funding to 141 awardees in 40 states and Puerto Rico, reaching 177 agricultural operations throughout the U.S. On its website, USDA describes the FLSP as a way to help address labor shortages, mitigate costs associated with the H-2A temporary seasonal visa program, and reduce irregular migration from Northern Central American countries.

In the letter, NCAE shares that FLSP participants report they stopped receiving reimbursements in January or failed to receive any reimbursement. NCAE explains that recipients report being “out-of-pocket for hundreds of thousands of dollars,” adding that some are reportedly borrowing money and on the edge of bankruptcy. NCAE also relayed that, despite repeated attempts, participants report they have not received clarity from USDA on the status of the FLSP funding, and when or whether they will be reimbursed for incurred or future expenses.

“America’s farmers and ranchers who engaged in the FLSP program did so in good faith and with the understanding that USDA would uphold their end of the commitment,” stated Michael Marsh, NCAE’s President and CEO. “Particularly at a time when margins on America’s family farms and ranches are increasingly thin, we are deeply troubled by reports that farmers and ranchers have not received reimbursements for the significant costs incurred as part of their participation in USDA’s Program.”

“While we know,” added Marsh, “it is not USDA’s intent to further strain America’s agricultural community which is already burdened by of several years of regulatory overreach, rising labor and input costs, and unfair foreign competition, USDA’s lack of communication about the status of the FLSP funds is doing just that.”

“We hope that Secretary Rollins and her team will investigate this thoroughly and communicate with recipients promptly so they can get back to doing the work they do best—growing food, fiber and fuel to feed, clothe and power the world.”

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

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