Tag: aewr

Experts To Lead “Eye of the Storm” Marquee Session Investigating DOL’s Interim Final Rule at NCAE’s 2025 Ag Labor Forum

| Press Release, Uncategorized

 

Experts To Lead “Eye of the Storm” Marquee Session Investigating DOL’s Interim Final Rule at NCAE’s 2025 Ag Labor Forum

(Arlington, VA) The National Council of Agricultural Employers is excited to announce the lineup of thought leaders, engaging economists, and ag labor legal experts for its highly anticipated Marquee Session, “Eye of the Storm: Investigating the IFR for American Ag,” scheduled for December 4th at the Council’s Ag Employer Labor Forum. The Forum takes place this December 3-5th at the M Resort, just outside Las Vegas, NV.

This marquee session will bring together a panel with national expertise and insights, including:

  • Moderator: Jamie Fussell, Director of Labor Relations – Florida Fruit and Vegetable Association
  • Alexandra E. Hill, Ph.D., Assistant Professor – University of California, Berkeley
  • Chris Schulte, Partner – Fisher Phillps
  • Phil Martin, Ph.D., Professor Emeritus of Agricultural and Resource Economics – University of California, Davis
  • Shawn Packer, Partner – JPH Law

Together, the panel of agricultural experts will unpack the impact of the Department of Labor’s (DOL) Adverse Effect Wage Rate (AEWR) Interim Final Rule (IFR) and their thoughts about what the future holds for the IFR and American agriculture. The IFR, published on October 2, 2025, modifies the methodology used to calculate the AEWR. The Department estimated the new methodology will save American farmers and ranchers $2.46 billion in its first year of implementation and $17.29 billion over 10 years.

“In many ways,” explained Michael Marsh, NCAE’s President and CEO, “farmers and ranchers are currently in the proverbial eye of the storm when it comes to the future of their farming operations. For years, America’s farm and ranch families have had to contend with artificial, out-of-control mandated wage rates that were manufactured by regulatory maladministration and disconnected from the market. For years, NCAE has fought to end this regulatory recklessness that caused increasing numbers of farmers and ranchers to shutter legacy operations, sell farmland, and offshore production.”

“While the IFR has provided much of the agricultural community overdue relief from out-of-control Adverse Effect Wage Rates, we know the storm has yet to pass and the fight for regulatory relief in rural America is far from over. NCAE hosted our largest-ever members-only H-2A Committee Call following the publication of the IFR —questions about how the IFR works and what it may mean for the future of American agriculture are top-of-mind for the entire agricultural community.”

“NCAE is excited to host a great group of economists, legal experts and agricultural thought leaders who will lead attendees through a deep dive of the IFR, the IFR’s possible future challenges, and what this new regulation may mean for their farm and America’s farming future,” proclaimed Marsh. “This marquee session stands out as a must-attend conversation for agricultural professionals who are eager to stay ahead and peek around the corner at the future for American agriculture. Together, we will prepare to weather the regulatory storms which will follow.”

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, farm labor contractors, 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 litigation strategy for agricultural employers, employer best practices for encountering domestic enforcement, must-knows for Farm Labor Contractors, an interactive compliance workshop, a clinic on H-2A taxes, a review of out-of-control state regulations, 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).

“This has been a big year for America’s agricultural community and NCAE is excited to host attendees from coast-to-coast to unpack, review, and see what might be in store for farmers and ranchers in 2026 and beyond. This is shaping up to be the most impactful Ag Employer Labor Forum 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 a discounted room rate in the NCAE room block to our members and members of the broader agricultural community.”  

Registration Rates:

  • Member: $495
  •  Non-Member: $600

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.”

“This year, we are excited to offer a new tier of sponsorship 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. “Our esteemed Event Hosts will receive special recognition, a premium-sized booth, and promotional thanks prior to and at the Forum. This sponsorship level is limited to one Host per day. Only one Host package remains. Do not delay in securing your spot as a key ag labor leader today.”

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 fundraising dinner on December 2, 2025, the evening prior to the start of the Ag Employer Labor Forum. The PAC aims to grow and cultivate relationships with Members of Congress interested in championing the ag employer issues.

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. This year, attendees will also have a chance to win an exciting array of prizes including an overnight stay, golf, and dinner at a luxurious location, $100 from Michael Marsh’s personal pocket, and a once-in-a-lifetime chance to ring the cowbell to start the Forum.

The PAC dinner will be held and ticketed separately from the Labor Forum. Attendees of the Forum are encouraged to consider whether they can afford to miss out on this exclusive and entertaining evening focused on improving the outlook for ag employers nationwide and cultivating Congressional champions for ag labor issues.

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

Forum Registration & Room Block:

Interested participants and attendees are encouraged to visit NCAE’s Labor Forum registration page today.

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.

About NCAE:

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

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Reality Check: NCAE, Agricultural Community Celebrates as Agricultural Wages Reined in Toward Reality

| Press Release, Uncategorized

 

Reality Check: NCAE, Agricultural Community Celebrates as Agricultural Wages Reined in Toward Reality

(Arlington, VA) The National Council of Agricultural Employers (NCAE), its members, and the agricultural community nationwide are celebrating a recent announcement from the Department of Labor (DOL) that it will provide much-needed relief to America’s farmers and ranchers. In an Interim Final Rule previewed earlier today, DOL announced that it will take action to rein in agricultural wages, to try and bring them back toward reality.

“For years,” explained Michael Marsh, NCAE’s President and CEO, “federal bureaucrats held a regulatory gun to America’s farm and ranch families’ heads, forcing them to pay an escalating, imaginary wage for farm jobs. These wages were untethered to reality or the market. Likewise, for years, NCAE has fought nonstop against mandated wage rates disconnected from the market and worked to have the Department put an end to this bureaucratic nightmare.”

“After undergoing years of regulatory abuse, often influenced by anti-American farmer activists, the agricultural community is grateful to Secretary Chavez-DeRemer, Deputy Secretary Sonderling, Secretary Rollins, Deputy Secretary Vaden, and the leadership at DOL and USDA for doing what it takes to put America’s farm and ranch families first. Their swift action and attention to the calls for action from the American agricultural community will result in an estimated $2.4 billion dollars returned to family farmers’ and ranchers’ pockets.”

“Farm and ranch families are undergoing a crisis, largely due to out-of-control wage rates, putting family farms, U.S. production, and rural America at risk. At a time where the number of farms is plummeting and the U.S. production is fleeing to our foreign competition, this IFR is a welcome change which we hope to start to turn that tide. Returning control over wages to the market rather than to a bureaucrat’s whimsy gives America’s farmers and ranchers a real chance to compete on the market against foreign competitors.”

In the IFR, DOL explains that “[t]here is ample data showing immediate dangers to the American food supply,” caused by these inherently inflationary wages, which posed, “an imminent risk to the supply of agricultural labor by setting unreasonably high price floors on labor.” This IFR works to address these threats to American agriculture by implementing a methodology it believes results in more “precise market-based price floors that still serves its statutory function of protecting American workers, but also, ensures that American supermarkets and U.S. consumers will have access to safe, affordable and American-grown produce.”

DOL’s IFR comes just weeks after the Department’s 2023 AEWR suffered a long list of legal challenges and losses, including a challenge involving NCAE. These litigation efforts were instrumental in dismantling this wrongheaded regulation. The final death knell for the 2023 rule came when a federal court in Louisiana vacated the DOL’s 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 Farm Labor Survey (FLS) for establishing wage rates. Following that announcement, USDA made the determination to discontinue surveys, reducing paperwork burden, and further administration of the FLS program. USDA’s decision created a regulatory vacuum which this IFR attempts to fill.

The IFR provides farmers and ranchers with a new wage mechanism which agricultural employers are required to pay. The new wage rates rely solely on the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics as the source for wages for each state. Under this new rubric, employers are also granted downward compensation adjustments to the applicable AEWRs which employers can apply on wages paid to H-2A workers who receive free housing.

“According to the USDA’s most recent Census of Agriculture from 2022,” noted Marsh, “America lost 140,000 farms and ranches in the five years from 2017 to 2022. At the same time the nation fallowed more than 20 million acres. Already, too many family farms and ranches have been forced to sell farmland, offshore production or otherwise stop operations altogether. A chief reason for this crisis that has crippled rural America has been the exploding, unrealistic cost of labor. The agricultural community is grateful for the Trump administration’s attention to the community’s urgent call for help. With wage rates reined in back toward reality, we are hopeful that America’s family farmers and ranchers can get back to doing what they do best, feeding America and the world. This is an incredible moment for American agriculture.”

NCAE recently announced a special panel, “Eye of the Storm: Investigating the IFR for American Ag,” which the Council will host at the upcoming 2025 Ag Employer Labor Forum, taking place December 3-5 at the M Resort in Las Vegas. Agricultural economists and regulatory experts will unpack what the changes contained in the IFR mean for America’s agricultural community. Members of NCAE and members of the agricultural community at-large are encouraged to register to attend this exciting panel discussion.

“Our members and the agricultural community at-large are excited by the opportunity for much overdue relief from out-of-control Adverse Effect Wage Rates,” stated Marsh. “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. We are excited to unpack this critical rule and so much more with our attendees in Las Vegas.”

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

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

| Press Release, Uncategorized

 

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

| Press Release, Uncategorized

 

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

| Press Release, Uncategorized

 

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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NCAE Applauds the Discontinuation of USDA’s Farm Labor Survey

| Press Release, Uncategorized

August 29, 2025

For Immediate Release

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

NCAE Applauds the Discontinuation of USDA’s Farm Labor Survey

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

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

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

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

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

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

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

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

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

 

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Florida, National Ag Groups Applaud Decision Vacating  2023 AEWR Rule

| Press Release, Uncategorized

Florida, National Ag Groups Applaud Decision Vacating  2023 AEWR Rule

Groups call for recission of remaining methodology

ORLANDO, FLA. (August 27, 2025)

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

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

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

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

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

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

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

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

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

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

# # #

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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Judge Sets Hearing Date For Challenge to Adverse Effect Wage Rate

| Press Release, Uncategorized

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

| Press Release, Uncategorized

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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NCAE Challenges Adverse Effect Wage Rate Rule

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

April 24, 2023

(Washington, D.C.)

The National Council of Agricultural Employers (NCAE) filed a Motion for Preliminary Injunction against the Department of Labor’s (DOL) new Adverse Effect Wage Rate (AEWR) regulation, Friday evening, April 21, 2023.  The lawsuit alleges that the Secretary’s action in developing the regulation was arbitrary and capricious and an abuse of the Secretary’s discretion.   

“This regulation continues the DOL’s abusive practice of mandating minimum wages farmers and ranchers must pay under the Temporary H-2A Agricultural Program completely disconnected from the market for agricultural labor anywhere on the planet,” noted Michael Marsh, President and CEO of NCAE.  “Not only does the rule continue to misuse the U.S. Department of Agriculture’s (USDA) Farm Labor Survey (FLS) to establish wage rates, but it also piles on farm and ranch families by requiring nonfarm wages drawn from the Bureau of Labor and Statistics (BLS) for simple, routine, on farm activities, jobs which have been performed on American farms and ranches for generations.  Some farmworker wages will more than double under this new rule forcing family operations out of business.  And, of course, these mandated minimum wages impact all farm wages, whether employers use the program or not.”

The DOL received comments on this rulemaking from family farms and ranches located across the country raising concerns regarding the madness of the Secretary’s approach.  Commenters pointed out that the DOL’s regulations and its continued misuse of survey instruments not designed to capture actual agricultural wage rates were forcing America’s food production to flee to overseas competitors.  As a result of DOL’s ignoring the pleas of U.S. legacy farming operations, today more than 60% of the fresh fruit and more than 35% of the fresh vegetables consumed in the U.S. are being produced by overseas competitors.  Farm and ranch families, the Small Business Administration, economists, and others had warned the Secretary that such irresponsible action was putting America’s food security at risk—a concern seemingly ignored by the Secretary.

“NCAE has repeatedly petitioned the Secretaries of Labor to make a determination of an adverse effect to the domestic workforce due to the employment of H-2A workers prior to mandating devastating AEWRs.  Sadly, for America, the DOL has turned its back on commonsense and the American people.  The economic evidence overwhelmingly supports our cause and the fact that DOL’s estimates of cost impact are short by hundreds of millions, if not ultimately, billions of dollars!  These are incredible errors,” said Marsh.  “Having been slammed face first into the dirt by the Executive Branch, NCAE and our farm and ranch family members had no other choice than to turn to the Judiciary hoping the Court will hear and recognize the importance of our pleas for relief.”

The legal challenge is being brought in Federal District Court in Tampa, Florida, on behalf of NCAE and several named NCAE member plaintiffs.

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

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