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 29^th, 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 10^th that they would begin processing applications from employers not covered by the injunction in accordance with the Final Rule on September 12^th. 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 16^th, 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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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.

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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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 29^th, 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 10^th that they would begin processing applications from employers not covered by the injunction in accordance with the Final Rule on September 12^th. 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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