In late August, a federal court in Louisiana vacated the U.S. Department of Labor’s (DOL) 2023 Adverse Effect Wage Rate (AEWR) Methodology rule. Grower advocacy groups applauded the ruling, noting it should help bring wage stability to the highly volatile AEWR.
The rule, published Feb. 28, 2023, based the H-2A program’s AEWRs on the Occupational Employment and Wage Statistics (OEWS) survey and the Farm Labor Survey (FLS). The rule applied permanent non-agricultural wage data to seasonal agricultural jobs and subjected growers to wage increases every six months.
“At a time when our growers are facing unprecedented challenges, we appreciate Secretary of Labor 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, executive vice president/chief executive officer of Florida Citrus Mutual. “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.”
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, citrus and specialty crop growers will continue to be subject to the volatile FLS-based AEWR, which spiked in Florida nearly 10% this past year and 15% 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.
Source: Florida Fruit & Vegetable Association
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