By Frank Giles
There has been a lot of breaking news on the labor front lately. More came down just as we were set to send this issue to the printer.
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. Opponents of the methodology applauded the ruling, saying it brings a much-needed measure of wage stability for agricultural employers preparing for their upcoming season.
In a press release announcing the ruling, Jamie Fussell, director of labor relations for the Florida Fruit & Vegetable Association (FFVA), noted: “The AEWR Methodology rule drastically increased costs for growers and exacerbated the agricultural labor crisis. We’re grateful to Secretary of Labor Chavez-DeRemer for her handling of this case and for recognizing the sense of urgency that is still needed to stabilize wages for agriculture.”
“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 Farms and Franberry Farms.
The challenge growers faced was how the H-2A program calculated its AEWR based on the Occupational Employment and Wage Statistics (OEWS) survey in addition to the U.S. Department of Agriculture (USDA) Farm Labor Survey (FLS). This applied permanent, non-agricultural wage data to seasonal agricultural jobs and subjected growers to wage increases every six months.
Another Breakthrough
Though the court in Louisiana granted relief from the OEWS-based AEWR, the FLS-based AEWR was still effective, which left the underlying premise of adverse effect unresolved. However, in late August, USDA announced its intention to discontinue the use of the FLS.
Michael Marsh, National Council of Agricultural Employers (NCAE) president said of the USDA’s move: “For years, 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 DOL put an end to misusing the FLS as a wage-setting mechanism for H-2A workers.”
Digital Edition
To read the rest of the story and hear more from Jamie Fussell, check the digital edition of Specialty Crop Grower Magazine.