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employers were forced to operate under a wage‑setting system that falsely inflated wages due to a broken and outdated methodology,” said John Hollay, President and CEO of the National Council of Agricultural Employers.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.
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