The International Fresh Produce Association (IFPA) applauded the U.S. District Court for the Southern District of Mississippi for halting enforcement of a rule amending H-2A visa program regulations. IFPA and its co-plaintiffs argued that the regulation is both unconstitutional and beyond the U.S. Department of Labor’s (DOL) statutory authority. They maintained that the rule imposes unlawful demands on agricultural employers …
H-2A Improvement Recommendations
The U.S. Government Accountability Office (GAO) recently offered two recommendations for improving the H-2A visa program. The first recommendation is that the Department of Homeland Security (DHS) establish a schedule to process H-2A petitions electronically. The second recommendation is that the Department of Labor (DOL) evaluate options it could use to better locate workers to return back wages. The recommendations …
Florida H-2A Labor Wage to Increase Again
Florida’s new adverse effect wage rate (AEWR) in 2025 is estimated to be $16.23, pending an official notice in the Federal Register by the U.S. Department of Labor (DOL). This is an increase of approximately 10% from the previous year’s rate of $14.77. The results of the Farm Labor Survey are used by the DOL to determine the AEWR, an …
U.S. House Chairs Ask for H-2A Effectiveness Evaluation
Two U.S. House of Representatives committee chairs recently sent a letter to the Government Accountability Office (GAO) asking it to evaluate the effectiveness of the H-2A visa program. The letter was sent by Education and the Workforce Committee Chairwoman Virginia Foxx of North Carolina and Agriculture Committee Chairman Glenn Thompson of Pennsylvania. The H-2A visa program, widely used in agriculture, …
Ag Groups Challenge Recent H-2A Rule
The International Fresh Produce Association (IFPA) and nine co-plaintiffs have filed a lawsuit contesting the U.S. Department of Labor’s (DOL) recently finalized H-2A rule. The challengers allege unconstitutional regulatory overreach and limitations on the freedom of speech of farmers who employ temporary workers. The co-plaintiffs are American Farm Bureau Federation, AmericanHort, Florida Fruit & Vegetable Association, Mississippi Farm Bureau Federation, …
Farmworker Protection Rule Challenged
The National Council of Agricultural Employers (NCAE) has joined several agricultural associations and individual farmers in a lawsuit challenging a federal farmworker protection rule. The Department of Labor (DOL) rule is titled Improving Protections for Workers in Temporary Agricultural Employment in the United States. NCAE stated that the rule unlawfully violates the rights of America’s farm and ranch families. It …
President Declares Farm Safety and Health Week
President Joe Biden declared Sept. 15 to Sept. 21 as National Farm Safety and Health Week. “I call upon the people of the United States — including America’s farmers, ranchers and agriculture-related institutions, organizations and businesses — to reaffirm a dedication to farm safety and health,” the President stated. “I also urge all Americans to express appreciation and gratitude to our farmers, farmworkers …
H-2A Workers Blocked From Joining Unions in 17 States
A federal judge in Georgia on Aug. 26 blocked a federal rule allowing migrant farmworkers to join unions in 17 states. The ruling prevents the U.S. Department of Labor (DOL) from enforcing the new rule. The rule would have prevented agricultural employers from retaliating against migrant workers with H-2A temporary work visas for joining labor unions and organizing against wage …
Florida Labor Contractor Cited in Orange Harvester Death
A federal workplace safety investigation found a Florida labor contractor could have prevented the fatal illness of a 41-year-old worker who collapsed while harvesting oranges at Alico Farms in December 2023. According to investigators, the incident could have been avoided if the required steps to protect employees from hazards associated with high temperatures were taken. Inspectors with the U.S. Department of Labor’s …
Heat-Related Illness Toolkit Available
The Southeastern Coastal Center for Agricultural Health and Safety (SCCAHS) and the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) have created an online toolkit to help protect agricultural workers from the summer heat. Last year’s sweltering summer temperatures convinced SCCAHS leadership that additional promotion about heat-related illness education could save lives. Even before the summer ended, the …
Lawsuit Challenges Farmworker Protection Rule
A coalition of states, including Florida and Georgia, recently joined a lawsuit filed by the Southeastern Legal Foundation (SLF) challenging the U.S. Department of Labor (DOL) Farmworker Protection Rule. DOL announced the final rule in late April, saying it would strengthen protections for farmworkers in the H-2A program. The Farmworker Protection Rule will become effective June 28, 2024. SLF is …
Strong Reactions to Farmworker Protection Rule
The American Farm Bureau Federation (AFBF) and the National Council of Agricultural Employers (NCAE) have harshly criticized the U.S. Department of Labor’s (DOL) recently announced H-2A farmworker protection rule. An AFBF statement declared that the rule “mires farm families in excessive compliance costs while disregarding privacy concerns for farmers and their employees. With this addition, DOL sets itself apart as …
Final H-2A Farmworker Protection Rule Announced
The U.S. Department of Labor (DOL) announced a final rule to strengthen protections for farmworkers. The rule targets vulnerability and abuses experienced by workers under the H-2A program. The H-2A program allows employers to hire temporary foreign agricultural workers. Among other things, the final rule: The final rule is effective on June 28, 2024. However, H-2A applications filed before Aug. 28, 2024, …
Senators Call for Freeze on H-2A Wage Rate
Sixteen U.S. senators recently introduced a bill to revert the H-2A program’s adverse effect wage rate (AEWR) to the December 2023 rate through the end of the 2025 growing season. Two of the senators who introduced the Supporting Farm Operations Act of 2024 are from citrus-producing states — Rick Scott of Florida and John Cornyn of Texas. A majority of …
Legislators Seek H-2A Wage Freeze
Seventy-five U.S. House of Representatives members have asked House and Senate appropriations leaders for an H-2A visa guestworker wage freeze in an upcoming spending package. The text of the representatives’ letter to appropriations leaders follows: “We write with shared concerns regarding the annual adjustment to the Adverse Effect Wage Rate (AEWR). Now in 2024, the H-2A labor rates paid by …
Ag Employers Want H-2A Wage Methodology Amended
The National Council of Agricultural Employers (NCAE) has petitioned Acting Department of Labor Secretary Julie Su to amend the regulatory methodology for determining adverse effect wage rates in the H-2A temporary agricultural worker program. “America’s farm and ranch families and American consumers continue to bear the brunt of the Department of Labor’s (DOL) misuse of the U.S. Department of Agriculture’s …
H-2A Wage Rates to Rise Again
Florida’s adverse effect wage rate (AEWR), the minimum wage for H-2A agricultural workers, is estimated to climb 3% in 2024. Florida Fruit & Vegetable Association (FFVA) reported the new Florida AEWR is estimated to be $14.77 per hour. Georgia’s AEWR is expected to rise 7%. Georgia Fruit & Vegetable Growers Association (GFVGA) reported Georgia’s new AEWR is estimated to be …
Brazilians Learn About Mechanical Harvesting
Representatives of Fundecitrus and the Brazilian citrus industry went to Seville, Spain, to participate in a meeting about mechanical harvesting of citrus. The key objective was learning about different tools and machines designed for the mechanization of citrus handling. One example of machinery is the mechanized harvesting equipment used for densely cultivated orange groves. In one of their visits, the …
Program Provides Incentives to Address Labor Challenges
The U.S. Department of Agriculture (USDA) recently announced the Farm Labor Stabilization and Protection Pilot Program (FLSP). The new pilot grant program aims to improve food and agricultural supply-chain resiliency by addressing challenges agricultural employers face with labor shortages and instability. “The program will provide incentives designed to simultaneously benefit workers and employers, with the potential to inform the H-2A …
FFVA: Work Needed on Miami-Dade Heat Bill
The Florida Fruit & Vegetable Association (FFVA) recently requested the rejection of Miami-Dade County’s proposed Heat Standard for Outdoor Workers. FFVA urged the county’s Community Health Committee (CHC) to engage agricultural producers in developing a meaningful and workable standard. FFVA argued that the proposed standard is intentionally broad and punitive and does not provide the support needed for implementation. The …