The Florida Fruit and Vegetable Association (FFVA) is calling for the repeal of the Adverse Effect Wage Rate (AEWR) Methodology Rule and the H-2A Worker Protection Rule; action that would impact the current labor crisis, including in Georgia and Alabama.
The FFVA submitted a letter to the White House Office of Management and Budget. The repeal is necessary since both labor regulations are increasing costs for producers who use the H-2A program. Florida and Georgia are the program’s top two users.
“FFVA members have become increasingly reliant on the H-2A agricultural guest worker program administered in part by the U.S. Department of Labor. In the past years, the Department has aggressively promulgated several rules which make the H-2A program more costly and burdensome to use,” the letter read.
“These regulations come at a time when growers struggle to secure a stable and legal workforce. So, they’ve had no choice but to turn to the H-2A program and its increasing regulatory burden.”
AEWR Methodology Rule
The letter emphasized the rescission of the AEWR Methodology rule, which has led to wages being driven up. Florida’s AEWR increased by nearly 10% this year, 15% just two years ago and a total of $5 over a five-year span. It has disaggregated H-2A wages, leading to increased expenses for producers and subjecting farmers to wage adjustments twice a year.
“Pursuant to regulation, the annual AEWR adjustment becomes effective around Jan. 1 each year, in the middle of Florida’s harvesting season and long after growers’ contracts have been set,” the letter added. “Without the ability to plan for drastic cost increases, growers are left to absorb any unanticipated AEWR increase.”
Protections for H-2A Workers
The other emphasis was placed on repealing the rule that improves protections for H-2A workers.
“The rule ventures more to illegally grant third party labor organizations rights and access to private agricultural properties and erode due process mechanisms for H-2A employers than it does to improve protections for workers,” the letter read.
“If allowed to go into effect, this rule will infringe on growers’ rights as property owners and will add additional burdensome regulations for growers to navigate.”