Tag: department of labor

Wage Crisis Reignited: NCAE Briefing Prepares Employers for AEWR Ruling Fallout and Legislative Solutions

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Wage Crisis Reignited: NCAE Briefing Prepares Employers for AEWR Ruling Fallout and Legislative Solutions

WASHINGTON, D.C. – The National Council of Agricultural Employers (NCAE) will host a special installment of its webinar series on Tuesday, September 1, which will address a recent ruling by the U.S. District Court for the Eastern District of California in UFW v. DOL, which struck down key provisions of the Adverse Effect Wage Rate (AEWR) Interim Final Rule (IFR). The court found the IFR unlawful on multiple grounds and remanded the issue back to DOL. The session will brief farmers, ranchers, growers, agents and industry stakeholders on the legal fallout, upcoming regulatory action, and urgent legislative next steps. 

On Tuesday, September 1, 2026, from 2:00 p.m. – 3:00 p.m. Eastern, NCAE will host “Crisis Reignited: Preparing for the AEWR Ruling Fallout & What Comes Next.” The webinar will be led by Chris Schulte, a partner of Fisher Phillips, and John Hollay, NCAE’s President and CEO. Chris and John will walk through the legal fallout of the recent court decision, the impacts farmers and growers will face immediately and long-term, and the critical importance of legislative action through passing the Securing Agriculture’s Workforce Act (SAWA) of 2026.

“A single legal challenge has put our nation’s farmers, ranchers, growers, and agricultural producers in immediate jeopardy,” said Hollay, “The Department’s IFR provided long-overdue stability against runaway wage mandates. Striking down the IFR has reopened that wound and throws American agriculture and our rural communities back into financial and existential instability. During next week’s webinar, we will examine the fallout, prepare for the next steps from the Department, and reinforce the urgent need for Congress to step in and solve this crisis once and for all by passing Chairman Thompson’s Securing Agriculture’s Workforce Act. “

The webinar will begin at 2:00 p.m. ET/11:00 a.m. PT on Tuesday, September 1, 2026. This briefing is open to NCAE members and the agricultural community. At the conclusion of the webinar, NCAE will host its regularly scheduled H-2A Committee call. This portion of the session will be off the record, but non-members are welcomed to join to get a glimpse into NCAE membership.

SHRM education credits and recordings of the webinar presentation will be available 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.

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Court Ruling Reignites Existential Threat to U.S. Farmers, Warns NCAE

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Court Ruling Reignites Existential Threat to U.S. Farmers, Warns NCAE

Earlier today, the U.S. District Court in the Eastern District of California ruled against the Department of Labor (DOL) in the UFW v. DOL litigation on the Adverse Effect Wage Rate Methodology (AEWR) for the Temporary Employment of H–2A Nonimmigrants in Non-Range Occupations in the United States Interim Final Rule (IFR). The IFR prevented a crisis from taking place in rural America. The judge’s ruling returns rural America to a crisis situation. 

“We are deeply disappointed by the Court’s ruling,” said John Hollay, President and CEO of the National Council of Agricultural Employers. “For years, America’s farmers, ranchers, and growers have been pushed toward a breaking point by artificially inflated wage mandates. The Department averted a crisis in rural America by issuing the IFR. The ruling reignites this crisis.”

“NCAE remains eager,” continued Hollay, “to work alongside the Department to establish a clear, sustainable wage structure moving forward. The judge’s ruling underscores the need for Congressional action in passing the Securing Agriculture’s Workforce Act (SAWA) of 2026. The fate of farming in America should not be determined at the whim of a single judge in California.”

The federal court in Fresno, California found the IFR unlawful on multiple grounds and remanded the issue for the DOL to address. The Department will send out a notice within the next 7 days to employers to put them on notice that the court might order them to pay the difference between the current AEWRs and the AEWRs under the new rule that DOL will issue, from the date of the notice through the effective date of the new rule. 

This highlights the need for a long-term solution to this issue that Congress can provide, and NCAE reiterates its support for the Securing Agriculture’s Workforce Act and the crucial and lasting changes that it would make to end this cycle of crisis.

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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NCAE, Ag Community Share Support for Secretary Sonderling’s Nomination to Secretary of Labor

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NCAE, Ag Community Share Support for Secretary Sonderling’s Nomination to Secretary of Labor

The National Council of Agricultural Employers (NCAE) announced its strong support for the nomination of Keith E. Sonderling to serve as the permanent Secretary of the U.S. Department of Labor (DOL). Leading a broad, nationwide coalition of ag stakeholders, NCAE transmitted a joint support letter to the Senate Committee on Health, Education, Labor and Pensions (HELP) ahead of Thursday’s highly anticipated confirmation hearing, urging his swift approval. 

“American agriculture simply cannot function without a reliable, legal, and stable workforce,” explained John Hollay, NCAE’s President and CEO. “Our farmers, ranchers, growers, and producers deserve a Secretary of Labor who understands the critical importance of American agriculture and the operational realities of running a farm. Throughout his time at the Department, Secretary Sonderling has proven that he listens to agricultural employers, values compliance and education, and understands what it takes to help American agriculture thrive. As leaders of American Agriculture  from across the nation, we urge Chairman Cassidy, Ranking Member Sanders, and the entire U.S. Senate to swiftly confirm Secretary Sonderling so he can continue this vital work at full steam.” 

Currently serving as Acting Secretary and Deputy Secretary of Labor, Sonderling brings extensive federal regulatory experience to the role. His extensive record includes past service as Acting and Deputy Administrator of the DOL’s Wage and Hour Division (WHD), as well as a Commissioner and Vice Chair of the Equal Employment Opportunity Commission (EEOC). During his time leading WHD, Sonderling had direct experience navigating the complexities of H-2A enforcement, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and the compliance burdens agricultural employers face.

As Deputy and now Acting Secretary, Sonderling has consistently prioritized regulatory relief for America’s agricultural employers. Notably, he ensured the Department release a critical interim final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 90 Fed. Reg. 47,914 (Oct. 2, 2025), to rein-in inflating wage requirements that were detached from economic reality. He has also overseen a proposed joint employer rule to provide agricultural employers, labor contractors, and farm labor associations with a single, predictable, and nationwide standard. 

NCAE’s stakeholder letter underscores that the H-2A program remains the primary lawful channel for meeting critical agricultural labor demands. The broad agricultural coalition signing onto the letter represents dozens of major national and regional organizations. As the Senate HELP Committee prepares to review Secretary Sonderling’s nomination, the agricultural community stands united behind him as a nominee who possesses direct experience with H-2A enforcement, the Migrant and Seasonal Agricultural Worker Protection Act, and the heavy compliance burdens facing America’s agricultural businesses. 

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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