Tag: litigation

NCAE Joins Fight for Farmer Rights in New York State

| Press Release, Uncategorized

 

NCAE Joins Fight for Farmer Rights in New York State

(Arlington, VA) The National Council of Agricultural Employers (NCAE) has joined a group of New York state farmers in their fight against the Farm Laborers Fair Labor Practices Act (FLFLPA), a law that that strips American farmers and ranchers of their First Amendment rights. NCAE filed a brief amicus curiae supporting New York farmers in the case of New York State Vegetable Growers Association v. James late last week.

“There are few ideals more inherently American than that of our First Amendment rights,” explained Michael Marsh, NCAE’s President and CEO. “Farmers, ranchers, and farmworkers, like all Americans, deserve to enjoy that American right. The FLFLPA strips farmers and farmworkers of their rights in favor of union control. NCAE is proud to join the fight in New York against this outrageous example of overreach.

In the brief, NCAE explained to the Court that, “[h]owever labelled, the end result of the [FLFLPA’s] so-called ‘impasse resolution procedures’ is a total government takeover of the operations of the workplace – hours and breaks, pay and seniority, working conditions, and more – imposed by force of law. It leaves the workers and the employer no flexibility at all because it dictates precisely how long employees must work, how much employees must be paid, and whether employees may engage in constitutionally protected rights of collective action, including whether to replace or oust their bargaining representative.  Outside of times of war or other national emergency, the modern concepts of police power have never been stretched so far as to permit an agency of the State of New York to dictate, at the behest of a union, every term of one employer’s labor-management relationship.”

“Unions are successful,” Marsh continued, “when they are exclusionary—by pushing farmers and farmworkers who do not wish to be a part of their group out of the picture. The FLFLPA makes it easier for unions to accomplish that goal.”

“Particularly perniciously, the FLFLPA includes a union security provision, which requires that farmers fire farmworkers who do not wish to cede portions of their hard-earned paycheck to the union. Forcing farmers to fire farmworkers simply because they refuse to subsidize union speech is violative of those farmers’ and farmworkers’ First Amendment rights. The Supreme Court has long understood and upheld this concept. We are hopeful that the court in New York will agree.”

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 2025 Forum

| Press Release, Uncategorized

 

NCAE Releases Blockbuster Agenda for 2025 Forum

(Arlington, VA) The National Council of Agricultural Employers (NCAE) released a blockbuster agenda for the highly anticipated Ag Employer Labor Forum taking place this December 3-5, 2025. This year’s Forum will be held at the magnificent and newly expanded M Resort just outside of Las Vegas, Nevada.

NCAE’s Labor Forum is the premier event for ag employers nationwide, where farmers, ranchers, ag labor leaders and others in the agricultural community 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 have an incredible opportunity to learn from key agricultural leaders, engage with economic experts, and to work together alongside some of the best legal and legislative minds to help shape the future of ag labor in the United States,” stated NCAE President and CEO, Michael Marsh. “We are proud to present a spectacular selection of stimulating and provocative speakers who will discuss timely topics for employers and those involved in ag labor.”

“NCAE is proud to reveal our agenda for the 2025 Forum,” continued Marsh. “This agenda reflects the Council’s commitment to providing our members and the wider farming and ranching community with cutting-edge knowledge and resources so that they can make the best business decisions to sustain their agricultural operations, American agriculture, and family farms and ranches for generations to come. It has never been more important for farmers and ranchers to engage in these important topics so that they can protect themselves, their farms, and their critical farmworkers.”

This year’s Forum features a compelling range of topics that takes the pivotal moment facing American agriculture on by the proverbial horns. Attendees will enjoy engaging sessions hosted by expert economists who will examine the outlook for Farm Labor in 2026 and the impacts of farmworker overtime.

Likewise, attendees will have opportunities to engage with legislative leaders and ag labor icons who will delve deeply into the topics that farmers and ranchers need to know for upcoming seasons. Among many, many other sessions, attendees will enjoy engaging sessions featuring Business Succession Strategies, Strategic Litigation Strategies for American agriculture, and NCAE’s special “Eye of the Storm” session 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.

Similarly, NCAE’s hit concurrent breakout sessions are back again this year with a captivating list of topics. Attendees have the opportunity choose from a diverse range of activities and sessions such as an interactive H-2A compliance workshop, a facilitated discussion focused on taking charge of the agricultural narrative, an examination of the challenges and opportunities that artificial intelligence (AI) present for the agricultural industry, an H-2A Tax Clinic, sessions on best practices and advanced strategies for ag employers, and much, 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 and recent wins for employers in the agricultural labor space,” noted Marsh, “this year’s Forum is a must-attend event.”

The full agenda and registration details are available at:  https://www.ncaeonline.org/events/ag-employer-labor-forum/

Sponsorship Opportunities:

NCAE is excited to offer a variety of sponsorship opportunities for organizations looking to showcase their fervent support of America’s 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. We are on trend to do so again for 2025. NCAE’s Labor Forum trade show is an incredible opportunity for those interested in connecting and networking with hundreds of attendees and critical organizational decisionmakers.”

While space is increasingly limited, sponsorships remain available for all who wish to engage in this important event at every level. Space in the main trade show area is expected to sell out. Sponsors who are interested in increasing their level to secure an earlier chance at choosing their booth are encouraged to contact NCAE immediately.

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 at Hostile Grape, the luxurious and exclusive wine cellar at the M Resort accompanied by wonderful wine, delicious food, live music, spectacular surprises, 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 and a once-in-a-lifetime chance to ring the cowbell to start the Forum.

The PAC dinner will is 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 by accessing the PAC Dinner 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:

NCAE’s 2025 Labor Forum will be hosted at the magnificent and newly expanded M Resort located just outside of Las Vegas, NV. NCAE members and attendees of the Forum are invited to join NCAE’s discounted room block at the M Resort which 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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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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Interested in the Forum? Register on our website here.

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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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