Tag: employers

NCAE Announces Agenda Additions for 61st Annual Meeting

| Press Release, Uncategorized

January 9, 2025

For Immediate Release

Contact:            Michael Marsh, President and CEO

                             (202) 629-9320

(Arlington, VA) The National Council of Agricultural Employers (NCAE) announced an addition to the agenda at the Council’s upcoming 61st Annual Meeting. The 61st Annual Meeting will take place February 11 – 13, 2025, at the Grand Hyatt in Washington, D.C. Registration is open to NCAE members and members of the larger agricultural community.

“We are excited to announce a special panel focused on the Adverse Effect Wage Rate (AEWR),” stated Michael Marsh, NCAE’s President and CEO, “which will include perspectives from growers, expert agricultural economists, and the legal community. Attendees will have an opportunity to unwind the problems with the AEWR and help shape what a better mechanism might look like that helps the Nation’s farm and ranch families succeed instead of shutter.”

Members of NCAE’s 61st Annual Meeting will also have the unique opportunity to interact directly with Members of Congress throughout the Annual Meeting. NCAE will host several Members as keynote speakers at the Annual Meeting. Additionally, on Day Two of the event, attendees will have the opportunity to march on Capitol Hill to advocate for much needed changes and improvements to agricultural labor and the H-2A program and for the needs of America’s farm and ranch families.

“With a new Administration and new Congress taking charge in 2025,” noted Marsh, “it is more important than ever before that America’s farmers and ranchers assemble and advocate for much-needed changes to strengthen America’s agricultural community on Capitol Hill.” NCAE will prepare attendees with talking points focused on changes needed by farm and ranch families prior to heading to Capitol Hill.

Other Annual Meeting highlights include an in-depth and interactive review of the National Ag Workers Survey, engaging “H-2A Day” speakers featuring representatives from the federal agencies involved in regulating the H-2A program, the announcement of winners of NCAE’s “Doing Good” and “Best Farmworker Housing” awards, the Council’s Annual Business Meeting and a networking wine reception featuring wonderful wines generously donated by NCAE member Mercer Ranches along with delicious hors d’oeuvres.

“Sponsorship opportunities are available for this event that reaches attendees nationwide,” said Marsh. Partners looking for a way to make their mark on the ag labor community are strongly encouraged to participate in NCAE’s exciting sponsorship and exhibitor program at the Annual Meeting.  Space for exhibitors is limited. Interested partners can indicate their interest in reserving a booth space on the Annual Meeting registration form online or by contacting NCAE.

Details about the Annual Meeting, the room block, sponsorship opportunities and the Annual Meeting Competitions can be found at https://www.ncaeonline.org/events/ncae-annual-meeting/.

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

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U.S. District Court Grants Injunction for NCAE Lawsuit to Protect Farm and Ranch Families from Unlawful and Unconstitutional Rule

| Press Release, Uncategorized

November 25, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The U.S. District Court for the Eastern District of Kentucky has granted a partial injunction for a lawsuit filed by the National Council of Agricultural Employers (NCAE), alongside several agricultural associations and individual farmers, to thwart the Department of Labor’s (Department) unlawful and unconstitutional Final Rule entitled, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Rule).

“This Thanksgiving week, America’s farm and ranch families are grateful that the Court in Kentucky understood the damaging effects this Rule would have on their farms and ranches, as well as on those members of the public who like to eat,” stated Michael Marsh, NCAE President and CEO. “This Rule unequivocally and unlawfully violates the rights of America’s farmers and ranchers by stripping employers of the due process rights afforded to them by the Constitution. The Department’s promulgation and enforcement of the Rule thus far has only made it more difficult for America’s family farmers and ranchers to do what they do best—grow food and fiber to feed and clothe the world. We celebrate the Court’s acknowledgement that this cannot stand.”

In the opinion, Judge Reeves noted that the Department used a “blatant arrogation of authority” in their promulgation of the Rule. Enjoined provisions of this rule include:

  1. all collective-bargaining type rights including worker voice and empowerment provisions,
  2. mandatory piece-rate pay,
  3. seatbelt requirements,
  4. personal information requirements, and
  5. public access to employer property.

This injunction is the latest update on the nationwide status of the Rule. On August 29th, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case of Kansas, et al. vs. U.S. Department of Labor which enjoined the Rule from taking effect in Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Virginia, as well as for certain individuals and entities, leaving farmers and ranchers with operations in the two-thirds of states not covered by the injunction vulnerable to substantive provisions of the rule. This injunction extends relief to the plaintiffs of the case, including members of the plaintiff association, in all states except Alaska.   

“We are hopeful,” noted Marsh, “that the Department will take heed of this latest admonishment and send this Rule to the compost pile in which it belonged all along.  This rule should never have seen the light of day.”

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

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NCAE Releases Blockbuster Agenda for Ag Employer Labor Forum

| Press Release, Uncategorized

(Arlington, VA) The National Council of Agricultural Employers (NCAE) released a blockbuster agenda for the highly anticipated 11th Ag Employer Labor Forum taking place on December 4-6, 2024, at the beautiful M Resort just outside Las Vegas, Nevada. NCAE’s Labor Forum is the premier event for ag employers nationwide, where attendees convene to learn, develop, and advance a shared vision for a resilient and successful U.S. food system that will allow America’s farm and ranch families to do what they do best—grow food and fiber to feed and clothe America and the world.

“Attendees at this year’s Labor Forum will have the opportunity to learn from industry experts   and help shape the future of ag labor in the United States,” explained Michael Marsh, NCAE’s President and CEO. “Our stimulating and provocative speakers will discuss timely topics for employers and those involved in ag labor.”

This year’s Forum features a compelling range of topics on cutting-edge ag labor issues that focus on the future of ag labor. Tech-savvy topics include the use robotics in farming settings as well as the challenges and opportunities that artificial intelligence (AI) present for the agricultural industry. Attendees will peer into the crystal ball alongside ag economists to learn their forecast for the future of farming. Top industry experts will likewise provide their predictions for farmers facing a new Congress and Presidential Administration.

Also featured this year are concurrent sessions highlighting hot legal topics impacting ag employers, tips to navigate the administration’s activist regulatory landmines, key compliance considerations for Farm Labor Contractors, how to responsibly and ethically recruit high quality employees in a cost-effective manner, 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).

“With all the ongoing activity in the agricultural labor space,” noted Marsh, “this year’s Forum is a must-attend event.”

Sponsorship Opportunities:

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

“We are thrilled by our sponsors’ excitement about this year’s Forum,” noted Marsh. “Last year, NCAE received record interest in our trade show, resulting in a completely sold-out exhibition space. This year, we have expanded the trade show to accommodate new organizations looking to support ag employers. Only a handful of booths remain available for interested parties. Do not delay if you wish to be a part of this incredible event which reaches hundreds of attendees and organizational decision-makers.”

Interested parties are encouraged to contact Susan Lester, NCAE Manager of Association Services, for sponsorship details.

Room Block:

NCAE’s discounted room block at the M Resort will close on November 18, 2024, or once the room block is full. 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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U.S. District Court Sets Hearing for NCAE Lawsuit to Protect Farm and Ranch Families from Unlawful and Unconstitutional Rule

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

October 18, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The U.S. District Court for the Eastern District of Kentucky has set a hearing for a lawsuit filed by the National Council of Agricultural Employers (NCAE), alongside several agricultural associations and individual farmers, to decide the fate of the Department of Labor’s (Department) unlawful and unconstitutional Final Rule entitled, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Rule). After receiving NCAE’s Motion for Preliminary Injunction and Stay last night, the Court issued an Order setting the hearing for November 4, 2024, at 9:00 AM ET.

“America’s farm and ranch families are grateful that the Court in Kentucky wasted no time in treating this matter seriously,” stated Michael Marsh, NCAE President and CEO. “This Rule unequivocally and unlawfully violates the rights of America’s farmers and ranchers by stripping employers of the due process rights afforded to them by the Constitution, imposing new illogical duties on farmers that infantilize and jeopardize the safety of their farmworkers, and providing America’s foreign competition a financial advantage by artificially inflating the regulatory costs to the detriment of America’s producers as well as consumers.”

This hearing is the latest update on the nationwide status of the Rule. On August 29th, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case of Kansas, et al. vs. U.S. Department of Labor which enjoined the Rule from taking effect in Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Virginia, as well as for certain individuals and entities, leaving farmers and ranchers with operations in the two-thirds of states not covered by the injunction vulnerable to substantive provisions of the rule.

In the injunction, the Georgia Court explained that “[a]gencies may play the sorcerer’s apprentice but not the sorcerer himself. The [Rule] is an attempt by the [Department] to play the sorcerer. The [Department] may assist Congress but may not become Congress.”

The Department issued a statement on their website on September 10th that they would begin processing applications from employers not covered by the injunction in accordance with the Final Rule on September 12th. They further stated they would process applications for employers covered by the injunction in accordance with the regulations that were in effect prior, thereby creating a new multiple-application process.

On September 16th, NCAE filed a lawsuit in the Eastern District of Kentucky in hopes of expanding the injunction to protect America’s farm and ranch families nationwide from this pernicious rule.

“NCAE is hopeful the Court in Kentucky will dispense with this rule once and for all so that farmers and ranchers nationwide can get back to what they do best—ensuring that Americans and those around the world have food to enjoy on their tables.”

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

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NCAE’s Early Bird Registration for the Ag Labor Forum About to Fly Away

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

October 8, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

The “Early Bird” discounted registration price for the National Council of Agricultural Employers’ (NCAE) 2024 Ag Employer Forum will close on Friday, October 11, 2024.  NCAE’s Ag Employer Labor Forum has become the premier event for ag employers nationwide, where attendees convene to learn, develop, and advance a shared vision for a resilient and successful U.S. food system that will allow America’s farmers and ranchers to do what they do best—grow food to feed the world.

“NCAE has put together a jam-packed and fun-filled agenda for this year’s Annual Ag Employer Labor Forum,” noted Michael Marsh, NCAE President and CEO.  “We have offered a discounted “Early Bird” rate for this event for the past several years and we are expecting a sold-out event.  The Forum will be held at the beautiful M Resort just outside Las Vegas on December 4-6, 2024, and brings together farmers and ranchers, thought leaders, decision makers, attorneys, government agencies, and agents from across the U.S. on labor issues impacting agriculture.”

“However,” noted Marsh, “attendees will need to register before this Friday to take advantage of the special discounted registration rate.”

In response to the overwhelming interest in last year’s Labor Forum, NCAE has again expanded their room block to record numbers. The M Resort room block is filling up fast for this event and the block will close on November 18, 2024, or once it is full.  NCAE has also negotiated some additional trade show floor space from the Resort as the main floor sold out for the first time in the Forum’s history.  Sponsors interested in showcasing their organization to hundreds of in-person ag employers and decision makers are encouraged to contact NCAE Manager of Association Services, Susan Lester, to check on availability as soon as possible.

“Each year this event just gets bigger and better.  2024 is going to be another record-setter,” said Marsh.   

“Many of our program offerings also qualify for continuing education credit from the Society of Human Resource Managers (SHRM), as NCAE and our members strive for compliance with ever more complex laws and regulations surrounding agricultural employment.”

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

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NCAE Applauds Court’s Decision Granting Injunction for Louisiana Sugar Cane Growers Against 2023 Wage Rule

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

September 20, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The U.S. District Court in the Western District of Louisiana granted a preliminary injunction that prohibits the Department of Labor (Department) from enforcing certain aspects of their wage rule that double labor costs for Louisiana sugarcane farmers, increasing input costs for products nationwide. The National Council of Agricultural Employers (NCAE) applauds the Court’s decision granting the injunction against this unlawful regulation.

In the case Teche Vermilion Sugar Cane Growers Association Inc., et al. v. Julie Su, et al. (Vermilion), the Court granted a preliminary injunction for Louisiana farmers using H-2A agricultural workers in duties which include hauling sugarcane using heavy or tractor-tailor trucks. Vermilion challenged the Department’s 2023 Adverse Effect Wage Rate Final Rule (Final Rule) which reclassified certain workers and arbitrarily increased wages that employers must pay their H-2A workers and any workers in corresponding duties. The Final Rule effectively doubled the cost of labor for farmers, inflicting lasting damage on their businesses, their workers, and the U.S. economy.

In the ruling, the Court noted that the Department offered minimal response to comments explaining the dramatic costs, no explanation or analysis to comments regarding the differences in job duties, nor whether the department considered the impact on the broader economy.

“NCAE and our members have repeatedly explained to the Department that their regulations make no economic sense,” stated Michael Marsh, NCAE President and CEO. “Frustratingly, those comments have been ignored and we are grateful that the Court in Louisiana acknowledged this lack of consideration America’s farmers and ranchers are due.”

“We are actively involved in litigation in Florida related to the Final Rule and hope that this Decision will just represent the first of many dominoes to fall so America’s farm and ranch families nationwide can experience the same relief as Louisiana’s sugar cane growers.”

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

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NCAE Files Lawsuit to Protect Farm and Ranch Families from Unlawful and Unconstitutional Rule

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

September 16, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The National Council of Agricultural Employers (NCAE), alongside several agricultural associations and individual farmers, has filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky to protect farm and ranch families across the country from the Department of Labor’s (Department) unlawful and unconstitutional Final Rule entitled, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Rule).

As originally promulgated the Rule unlawfully violates the rights of America’s farm and ranch families by stripping employers of the due process rights afforded to them by the Constitution, imposing new illogical duties on farmers that infantilize and jeopardize the safety of their farmworkers, allowing temporary foreign agricultural workers to unionize—a right not extended to American farmworkers, and much more.

Distressingly, the Rule as implemented is far worse.

On August 29th, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case of Kansas, et al. vs. U.S. Department of Labor which enjoined the rule from taking effect in Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Virginia, as well as for certain individuals and entities, leaving farmers and ranchers with operations in the two-thirds of states not covered by the injunction vulnerable to substantive provisions of the rule.

In the injunction, the Court explains that “[a]gencies may play the sorcerer’s apprentice but not the sorcerer himself. The [Rule] is an attempt by the [Department] to play the sorcerer. The [Department] may assist Congress but may not become Congress.”

The Department issued a statement on their website on September 10th that they would begin processing applications from employers not covered by the injunction in accordance with the Final Rule on September 12th. They further stated they would process applications for employers covered by the injunction in accordance with the regulations that were in effect prior, thereby creating a new multiple-application process.

“Rather than taking heed of the Judge’s wise words and withdraw the Rule in its entirety,” stated Michael Marsh, President and CEO of NCAE, “the Department decided to further complicate matters for farm and ranch families by creating a bifurcated application process at the whim of the Acting Secretary’s pen rather than through true notice-and-comment rulemaking. This is something the Acting Secretary and her Department know they cannot do.”

“America’s hardworking farmers and ranchers are deeply troubled by the Department’s lack of regard for the important work they do each day ensuring that Americans have food to enjoy on their tables. The Council and our colleagues in this litigation are hopeful the U.S. District Court in the Eastern District of Kentucky will understand and agree that this Rule must be dissolved once and for all.”

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

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NCAE Opens Registration for 11th Ag Employer Labor Forum

| Articles, Press Release, Uncategorized

September 3, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(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 4-6, 2024, at the beautiful M Resort just outside Las Vegas, Nevada.

NCAE has developed exciting new programing for the 2024 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 2025, hot topics in ag labor safety, must-knows for Farm Labor Contractors, artificial intelligence in agriculture, 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 year’s Ag Employer Labor Forum is shaping up to be the biggest and best yet,” said Michael Marsh, President and CEO of NCAE. “We 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: $520

Sponsorship Opportunities:

In addition to registration, NCAE is excited to offer a variety of sponsorship opportunities for organizations looking to support agricultural employers, gain exposure in 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. Do not delay if you wish to be a part of this incredible event which reaches hundreds of attendees and organizational decision-makers.”

Interested parties are encouraged to contact Susan Lester, NCAE Manager of Association Services, for sponsorship details.

Ag Employer Labor PAC – Cultivating Agricultural Champions:

The Ag Employer Labor PAC will host a dinner on December 3, 2024, prior to the start of the NCAE Ag Employer Labor Forum. Attendees will enjoy a private, upscale, donors-only dinner in the Wine Cellar at the M Resort accompanied by the wonderful wines from Mercer Ranches, live music, and a special guest speaker who is sure to enthrall.   

This event 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.

The early bird registration period will close on October 11, 2024. NCAE’s discounted room block at the M Resort will close on November 18, 2024, or once the room block is full. 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 Files Freedom of Information Act Request Regarding USDA Grant Funds

| Press Release, Uncategorized

August 27, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) Earlier today, the National Council of Agricultural Employers (NCAE) filed a Freedom of Information Act (FOIA) request with the U.S. Department of Agriculture (USDA) to better understand farmworkers’ allegations of coercion by the United Farm Workers (UFW) related to the disbursement of federal grant funds. 

“NCAE is calling upon USDA to produce information regarding USDA’s relationship with UFW Foundation and their “contact persons”, the UFW team, related to the Farm and Food Worker Relief (FFWR) grant program,” explained Michael Marsh, President and CEO of NCAE. “Farmworkers’ allegations have surfaced across the country and NCAE wants to understand what USDA has done to protect farmworkers and guard against misuse of taxpayer dollars.”

In March 2023, USDA initiated the FFWR grant program which provided one tribal entity and 14 non-profit organizations—including the UFW Foundation—roughly $670 million to issue relief payments of $600 to farmworkers to help defray expenses they incurred preparing for, preventing exposure to, and responding to the COVID-19 pandemic. 

Within the first two months of the program’s initiation, NCAE was informed that farmworkers in New York had alleged that UFW Foundation agents apparently misinformed them that signing a UFW “card check” union authorization card was a requirement to obtain the grant funds.  If workers were coerced or “tricked” into signing union cards to receive the one-time $600 grant payment and the unionization effort was successful, the workers alleged they were now required pay the union a portion of their wages in dues.  

NCAE immediately shared the farmworkers’ concerns with Secretary Vilsack and encouraged USDA to investigate the alarming reports.

NCAE likewise expressed the concern to USDA that New York farmworkers were specifically targeted because the New York legislature had recently passed a “card check” law that abandoned farmworker protections inherent in a secret ballot union election. Under the law, a union becomes the authorized bargaining representative with more than 50% of the workforce signing a union authorization card. 

USDA replied to NCAE’s request for an investigation into the allegations, that USDA would conduct additional training and oversight such as program audits.

Distressingly, in March of this year, following California’s adoption of a similar “card check” law, NCAE learned from media that 148 farmworkers in California had expressed in written declarations that some were allegedly misinformed by UFW Foundation’s agents that signing a UFW union authorization card was a requirement to obtain their $600 payment.

NCAE immediately shared the farmworkers’ concerns with Secretary Vilsack, along with the many media reports documenting the situation, and encouraged USDA to investigate those alarming reports yet again.

It is unclear whether the training and oversight USDA had promised to conduct failed to occur, failed to instruct, or was simply ignored.

“USDA entrusted the UFW Foundation with almost $98 million of taxpayer funding to issue FFWR payments to farmworkers,” explained Marsh. “It is outrageous for one farmworker to experience the coercion or trickery that they have alleged. To have it occur repeatedly is unacceptable.”

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

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NCAE Statement on Preliminary Injunction Against Department of Labor’s Unlawful “Worker Protection” Rule

| Press Release, Uncategorized

August 26, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) A federal court in Georgia today issued a preliminary injunction that halts the Department of Labor’s (Department) implementation of a disturbing regulation that would have forced farms to allow temporary foreign agricultural workers to unionize. The case was brought by Southeastern Legal Foundation on behalf of Georgia Fruit and Vegetable Association, Miles Berry Farm, and a coalition of seventeen states.

“For far too long,” stated Michael Marsh, President and CEO of the National Council of Agricultural Employers (NCAE), “the Department has implemented rules which unfairly target America’s farm and ranch families who are already battling to stay competitive at home and in the global market. NCAE celebrates this victory.”

In the injunction, the court explains that “[a]gencies may play the sorcerer’s apprentice but not the sorcerer himself. The Final Rule is an attempt by the [Department] to play the sorcerer. The [Department] may assist Congress but may not become Congress.”

“From the outset of this Rulemaking,” noted Marsh, “the Department knew this rule exceeded the authority granted to them under the U.S. Constitution. Rather than acknowledge the comments submitted by NCAE and many others which brought this overreach to their attention, the Department chose to promulgate this rule in hopes that an already embattled and struggling agricultural community would be too weary to fight.”

“What the Department does not understand is that America’s farmers and ranchers are tough and do not back down from a battle for what is right. This is a victory for them.”

The court’s order further states that “Administrative agencies, including the DOL, cannot create law, and the DOL cannot create rights that Congress has not. The DOL cannot make both executive rules and congressional laws.”

“We are grateful for the court’s reminder,” said Marsh, “and are hopeful that the Department might finally stay in their lane.”  

A nationwide injunction was not deemed appropriate by the court. It remains within Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia.

NCAE will continue to monitor the Department’s response to the court’s determination. Should further litigation be necessary, NCAE will advise the Executive Committee as to any and all next steps necessary to protect America’s farm and ranch families.

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

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