The Aug. 20-21 event in Valdosta, Georgia, will feature speakers from both state and federal organizations.

Nick Sumner, pesticide program manager at the GDA, will discuss pesticide regulations. Representatives from the U.S. Department of Labor (DOL) will also speak, including Brian Testa, director of policy and regulation at the Office of Foreign Labor Certification, and Marcella Campbell, H-2A certifying officer.

Other speakers include Jennifer Dunn, deputy assistant commissioner for Field Operations South at the Georgia Department of Behavioral Health & Developmental Disabilities, and Chad Martin, assistant area director at OSHA Savannah. The forum will cover topics such as labor certification, safety compliance, and chemical safety in agriculture.

Registration is open and the full schedule is available to view here.

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The event is scheduled for Aug. 20-21 in Tifton, Georgia. It is coordinated by the Georgia Fruit and Vegetable Growers Association (GFVGA).

Speakers and topics include:

• Updates & preparations for future changes in the H2A & H2B guest worker programs, Ellen Hendley, AgWorks H2
• GFVGA & Southeast Legal Foundation’s H2A lawsuit, Braden Boucek and Kimberly Hermann
• Purdue University software solution to automate back office paperwork for ag labor, Scott Prince, Croft

• Georgia housing update from Technical College System of Georgia’s (TCSG) Work Force Development, Felipe Pacheo, Gabriela Munoz, Migrant Seasonal Farmworker program, Carla Calderon-Bonilla, Foreign Labor Certification Program

• Future engagement of H2A services in agriculture

• Karen Kirchler, deputy commissioner, Rossany Rios, Workforce Development, TCSG

• Litigation trends & wage/hour update, Marty Heller, Fisher Phillips

• What to do (and not) to do in response to OSHA’s proposed heat rule, Fisher Phillips

• Grower Panel hosted by Chris Butts, GFVGA

The event brings together regulators and renowned experts from the ag labor industry. The forum’s format and design encourage active engagement, enabling ag employers, HR managers, and administrators to collaboratively tackle the ongoing and dynamic challenge of securing and sustaining a reliable workforce within a complex regulatory landscape, according to a news release.

This event is designed for owners, operators, office managers, personnel managers and service providers for the produce, nursery, landscape, dairy, cotton, and any other agricultural professional dealing with agricultural labor relations.

Presenting sponsors include the Georgia Farm Bureau, Georgia Agribusiness Council, the Vidalia Onion Committee, the Georgia Watermelon Association, the Georgia Pecan Growers Association, the Georgia Pecan Commission, AgWorks H2, Big Force, and the Georgia Green Industry Association.

The conference will remain at the University of Georgia Tifton Conference Center and continue to offer a comprehensive two-day program of updates and discussions tailored for agricultural employers, according to the release.

Learn more about the event here.

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For agricultural employers, this Congress is unlikely to be fondly remembered. It will not be remembered for what it did, but rather for what it did not do. And this Congress’ do nothingness has kicked wide open the door for things that will take employers years to fix.

Some members of Congress will look for an out that keeps them from being held accountable. Some will point to the fact that it took 15 ballots for the House to finally elect its Speaker, and that only occurred after significant horse trading had taken place. 

But then that speaker didn’t last very long because one of the backroom deals that allowed his ascension to the speakership, led to the demise of his tenure. For the first time in history, the speaker was removed by a motion to vacate. So, what did the House do after removing their leader? They went on recess.

Finally, a new speaker was elected. But this speaker has had to survive his own motion to vacate. 

Dysfunction junction!

In the very first year of this Congress, the two Chambers passed just 27 laws off their respective floors that made it to the president’s desk for his signature — 27, that’s it! 

Personally, I am not one of those voters who believes Americans need a lot of new laws. I don’t find that we are lacking when it comes to statutes. However, when the Congress doesn’t act, it’s stunning what happens absent their proper functioning.

Regulatory agencies have rushed to fill the void left by the Congress. Because, of course, political appointees are not beholden to voters and can create plenty of mischief when guardrails are not clearly in place to keep agencies in their lane. 

This is the unfortunate circumstance the American public finds itself in today.

Regulatory agencies have gone on a spree. While the Congress was failing to do its job, regulators have been aggressively doing theirs. Agencies foisted more than 3,000 new pages of regulations on congressional constituents in this Congress’ first year.

So, when the Congress is unable to properly act, and the regulatory agencies do their thing, what options are available to protect constituents? 

Not many, unfortunately.

NCAE has taken the agencies to court

We presently have lawsuits funded by our members against the Department of Labor (DOL) in the D.C. Circuit Court of Appeals and the Federal District Court in the Western District of Florida in Tampa. Our case in the Appellate Court is in opposition to the DOL’s H-2A program rule. The case in Florida opposes the DOL’s Adverse Effect Wage Rate (AEWR) regulation.

We have also funded “Friend of the Court” or amicus filings in two state courts involving union “card check” activities. Card check is labor unions’ most recent effort to part farmworkers from their hard-earned wages by convincing state legislatures that secret ballot elections allow workers to receive too much factual information about what unionization really means. One of these amici was filed in New York and the other was filed last week in California.

Also last week, a nonprofit legal organization called the Southeastern Legal Foundation filed for injunctive relief against the DOL’s recent “Worker Protection” rule that would allow the unionization of workers in violation of both laws passed by Congress, and Constitutional interpretations of law by the U.S. Supreme Court. NCAE is supportive of this action, too.

The next Congress, the 119th, must succeed in protecting constituents from blatant bureaucratic overreach. Otherwise, the courts will just get busier. 

As I mentioned at the outset, the devil is in the details.

Written by Michael Marsh

Michael Marsh is the president and CEO of the National Council of Agricultural Employers (NCAE).

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New data analysis by the American Immigration Council (AIC) finds that migrant farmworkers play a key role in feeding Americans, even as they are increasingly vulnerable to working outdoors in extreme heat.

The data is explored in the council’s new report, “The Expanding Role of H-2A Workers in U.S. Agriculture.”

AIC’s data analysis finds that farmworkers in the U.S. with H-2A status — which covers temporary or seasonal agricultural work (and allows employers to hire foreign nationals when there’s a shortage of domestic workers) — are increasingly in demand, in order to pick and clean the fruits, vegetables and nuts supplied in supermarkets across the country and help reduce the country’s reliance on imported food, according to a news release.

Over a five-year period from 2017 to 2022, the number of H-2A workers grew nearly 65%. More parts of the country expressed demand for these workers, with the number of counties where employers requested H-2A workers increasing by 35%. By 2022, two-thirds of all U.S. counties had H-2A workers, according to the release.

All this has helped fill critical labor shortages across U.S. farms amidst a persistent lack of workers.

“Even as some of our political leaders are pushing a smear campaign against immigrants in order to stoke fear, the reality is that immigrants are keeping us fed and our supermarkets stocked,” Nan Wu, AIC’s director of research, said in the release. “Without this critical support from migrant farm workers, American food production would wither, and families already grappling with high grocery bills would pay the price.”

The data analysis finds that while H-2A farmworkers are providing a lifeline for American agriculture, they are particularly vulnerable to getting sick or dying from extreme heat. The U.S. counties with the largest number of H-2A farmworkers coincide with some of the hottest regions in the country, such as Florida. In other parts of the U.S., including Arizona, Georgia, New Mexico and Texas, over a quarter of H2-A farmworkers are required to work during months when the local temperature exceeds 90°F on average, according to the release.

“Migrant farmworkers are keeping us fed through the deadly temperatures sweeping the country right now,” Steve Hubbard, AIC’s senior data scientist, said in the release. “Instead of vilifying migrant workers, we should champion and protect them. No one in this country should have to die of heat while picking crops.”

Other study findings include:

States that have recently pushed legally dubious anti-immigration laws are among those that most benefit from H-2A farmworkers. Texas had the highest percentage increase in the number of H-2A workers between 2017 and 2022, tripling from 3,700 to 11,700, according to the release.

Meanwhile, Florida had the most H-2A workers: 51,000 people.

At the county level, Moore County in North Carolina and Yuma County in Arizona — states where there have been recent efforts to push hateful anti-immigration bills — were among the top counties that had the most H-2A farmworkers, according to the release.

There is a shortage of young farmworkers. According to the council’s data analysis, the average age of all crop production laborers increased from 39.6 in 2006 to 40.6 in 2022, while the average age of immigrant farm laborers rose from 37.2 in 2006 to 41.6 in 2022. This indicates a declining share of young crop laborers, especially immigrant crop laborers, in the U.S. agricultural workforce.

Most H2-A workers fill open jobs through farm labor contractors, brokers who recruit and hire farmworkers directly and arrange their transportation, housing, and food. These brokers also experienced increased need for migrant workers. The proportion of people hired through H-2A visas via contractors surged from 15% in 2010 to 44% in 2022, according to the release.

Based in Washington, D.C., the American Immigration Council works to shape how America thinks about and acts towards immigrants and immigration.

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The recognition comes during July’s Extreme Heat Awareness Month.

With record temperatures rising nationwide and labor-intensive farming activities at their peak, the health and safety of farmworkers are paramount, according to a news release.

EFI has developed a comprehensive toolkit in collaboration with farmworkers, which includes a Spanish-language video explaining heat exhaustion symptoms and preventive measures, a bilingual tip sheet, and a collection of relevant statistics and resources. These tools are accessible online.

“Education and voluntary compliance are vital when it comes to heat safety,” Alexandra Martinez, EFI’s marketing associate, said in the release. “Farmworkers are particularly vulnerable to heat-related health risks and are 35 times more likely to die from heat-related causes compared to other workers. We’re providing simple, executable steps that can help save lives.”

Heat exposure results in up to 2,000 worker fatalities and 170,000 heat stress-related injuries annually in the U.S. The economic impact of failing to implement heat safety measures costs the nation nearly $100 billion each year, according to the release.

EFI’s resources emphasize practical tips to protect workers from extreme heat, including staying hydrated, taking rest breaks in shaded areas, wearing protective clothing, and recognizing signs of heat-related illnesses.

For more information on EFI’s tools and resources, and how EFI certification can enhance workplace heat safety strategies, visit equitablefood.org.

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The webinar covering piece rate recordkeeping is scheduled for July 11 from 11 a.m. to 12 p.m. PT.

The event is sponsored by the Washington Winegrowers Association and the Washington Growers League.

“Learn how to comply with piece rate laws while managing labor costs effectively. This webinar will cover compliant piece rate record-keeping and explore various perspectives on workforce efficiency and regulation compliance,” according to a news release.

“Targeted at vineyard and winery employers, it addresses the industry’s response to piece rate laws and offers practical solutions for balancing compliance with economic efficiency.”

For more information, visit here. 

Based in Cashmere, Washington, the Washington Winegrowers Association supports members by addressing industry needs through collaboration and partnerships to enhance Washington’s wine industry.

Headquartered in Yakima, Washington, the Yakima, Washington, the Washington Growers League is a non-profit, non-partisan association that provides services and support to agricultural employers in Washington as well as representation on critical agricultural labor and employment issues.

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UF/IFAS and the Southeastern Coastal Center for Agricultural Health and Safety (SCCAHS) have partnered to create 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 center launched a collaborative effort with the UF/IFAS Center for Public Issues Education to assemble an online guide for agricultural educators.

“We know Florida’s farm workers, as well as others working in the agriculture industry, are really vulnerable to these hot conditions,” Ashley McLeod-Morin, SCCAHS associate director of strategic communication, said in a news release. “We felt offering resources to educate our workers and those supervising workers was really important.”

The online toolkit includes webinars, podcasts and communication materials targeted for use by UF/IFAS Extension offices as well as by commodity associations.

A heat safety plan template helps organizations adopt procedures for monitoring the heat index, for providing hydration and for training staff.

Printable guides in English and Spanish advise about the length of work acclimation periods as well as about the amount of water workers should drink.

A 2018 study examining hydration and kidney injury among 192 agricultural workers laboring in Pierson, Apopka and Immokalee, Florida, during the summers of 2015 and 2016 found about 55% of workers experienced dehydration before their shift, 81% experienced dehydration after their shift and 33% experienced acute kidney injury on at least one of the 555 workdays included in the study, according to the release.

In September, a 26-year-old man working for a private company on a Belle Glade sugar cane farm died from heatstroke just a few days after starting his job.

McLeod-Morin expects the SCCAHS toolkit to grow with additional resources over time.

“We really hope this is a living repository and resource we can continue to add to, including more resources in Spanish and in other languages as well,” she said.

The mission of UF/IFAS is to develop knowledge relevant to agricultural, human and natural resources and to make that knowledge available to sustain and enhance the quality of human life. With more than a dozen research facilities, 67 county Extension offices, and award-winning students and faculty in the UF College of Agricultural and Life Sciences, UF/IFAS brings science-based solutions to the state’s agricultural and natural resources industries, and all Florida residents.

— Megan Winslow is in UF-IFAS communications.

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The NCAE views the ruling as a significant win for the agricultural community.

“For the past 40 years, America’s farmers and ranchers have endured federal agencies run amok,” Michael Marsh, President and CEO of NCAE, said in a news release. “America’s agricultural employers operate every day within a dizzying web of government regulations. The H-2A temporary agricultural worker program, specifically, is one of the most heavily regulated areas of the American economy, with an ever-changing set of rules and agency interpretations.”

Marsh pointed out the burden of recent regulations, noting three new rules in the past two years addressing wages, safety standards, and employee provisions. He praised the Supreme Court’s decision, stating that it restores balance to the constitutional system and reaffirms the judiciary’s role in impartially administering laws, independent of political influence.

“Despite witnessing the negative impact Chevron inflicted on many industries, including agriculture, Congress has not spoken on this subject for the past 40 years,” Marsh said in the release. “The courts have given federal agencies nearly limitless power to issue regulations and interpretations under the Chevron doctrine, ruling against employers’ challenges to the regulations imposed on them again and again.”

The Supreme Court’s decision in Loper Bright Enterprises and Relentless marks an end to Chevron deference. Chief Justice Roberts emphasized that “agencies have no special competence in resolving statutory ambiguities,” affirming that this role belongs to the courts.

“For the past 60 years, NCAE has advocated for the agricultural employer community, including supporting lawsuits to challenge agency regulations. We hope that, based on the Court’s decision today, we will be able to make those challenges on a level playing field,” Marsh said in the release.

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We’ve found that the greatest stress point in farm succession planning is communication. Fortunately, communication strategies can minimize conflicts and the breakdown of trust by having a written family mission and values statement; a written farm employment, management and ownership plan and regularly scheduled meetings.

Family mission and values statement

The mission and values statement defines the “why” of your operation. When developed with the input and consent of the entire family, this statement can provide many benefits. A good policy clarifies your organization’s purpose and goals. It also answers the questions: Why do you farm? What are your objectives? How do you define success? Additionally, it reminds the family members (and in-laws) what’s important and how the members should conduct themselves in reaching common goals. The mission and values statement also enhances decision-making, particularly when tough choices elicit differences of opinion, and improves culture by creating a strong organizational structure with clear expectations — and helps the family work as a team to reach its goals.

A strong written agreement is your first line of defense against family conflict providing needed direction and reassuring family members that a given decision isn’t capricious, but in line with the long-established policy for the operation.

Family employment, management and ownership plan

Most farm families we work with have children on and off the farm. What happens when an off-farm child wishes to enter (or re-enter) the operation? Is there an established process to follow? Disagreements between family members on this issue can fracture family relationships, sometimes irreparably.

An effective, written employment, management and ownership policy should be communicated early and often and address topics such as:

• How does an off-farm relative enter the operation? Are there prerequisites like a set number of years of educational study (university or trade school), or a requirement to be employed for a specific number of years elsewhere to gain experience and perspective?
• Will there be a probationary period? 
• Will the new employee rotate among different areas of the operation (field, shop, office and perhaps the packing shed or the transportation arm) to understand the “big picture?”
• What are the expectations for working hours, compensation, vacations and benefits?
• What ongoing professional development will be required? What is the involvement with state and national crop associations?
• What steps are required to advance to a management position? 
• What is required to become an equity owner? For example, some operations require a pre- or post-nuptial agreement to be in place to prevent ownership flowing outside the family. Others require the family member to successfully farm a portion of the operation before becoming a co-owner of the entire operation.

When conflict arises over employment, management or ownership, the written policies can reassure the family member and spouse that this is the policy agreed to by the entire family, and that decisions are not personal.

Regularly scheduled meetings

Many farmers can be described as “rugged individuals.” Sometimes that means they don’t communicate as well as they should. We frequently have younger members of the family tell us, “We have no idea what Dad’s plans may be!” Sadly, this lack of communication can dampen the next generation’s enthusiasm and allow misconceptions and conflict to fester.

Regularly scheduled, mandatory meetings are a great tool to nip these issues in the bud. Best practices to improve your succession plans include:

Weekly operational meetings

These provide an update on what is happening across the operation, the tasks and priorities that need to be addressed this week, and who is responsible for completing them. Life gets in the way of a good plan every day, so resources need to be allocated to the items that did not get completed the prior week. They should also address how farm labor will be allocated, so different managers know the resources they will have available.

Quarterly planning meetings

These will address longer term issues, such as crop planting plans, land acquisition and financing, irrigation and fertigation, manpower needs, equipment purchases and tax planning. All family members should attend these meetings to help avoid misconceptions about the operation’s direction.

Annual review meetings

Each family member (and maybe non-family managers) should understand the farm’s operational and financial results. Which parts of the operation performed well? Which parts need work? Were you profitable? If so, what will be done with those profits? What changes are recommended for the coming year?

These meetings build trust among the family members and managers, and that trust is essential for a successful transition plan. Meeting minutes need to be recorded to help define an operation schedule, giving the family a record of what was done, when it was done and why it was done. This roadmap of the operation will prove invaluable in the event of a member’s death or incapacity.

Succession planning is a process, not an event. Engaging the entire family, the attorney and CPA along with a succession advisor will increase your chances for a successful succession plan that can last for generations.

Disclaimer: Michael A Cohen, CRPC, CBEC is a founder and managing member of Agribusiness Succession Advisors, LLC. Mike has over 40 years of experience providing succession planning and estate planning for successful farm families and other closely held businesses. Michael A. Cohen is a registered representative of Lincoln Financial Advisors Corp. Securities and investment advisory services offered through Lincoln Financial Advisors Corp., a broker/dealer (member SIPC) and registered investment adviser. Insurance offered through Lincoln affiliates and other fine companies. Agribusiness Succession Advisors, LLC is not an affiliate of Lincoln Financial Advisors. CRN-5844716-072823

— Michael A Cohen, CRPC, CBEC is a founder and managing member of Agribusiness Succession Advisors, LLC. Mike has over 40 years of experience providing succession planning and estate planning for successful farm families and other closely held businesses. Michael A. Cohen is a registered representative of and offers securities and advisory services through Lincoln Financial Advisors Corp. (member SIPC). Agribusiness Succession Advisors, LLC is not an affiliate of Lincoln Financial Advisors.

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Results of the latest labor survey, conducted among fruit and vegetable growers across the U.S., shed light on the ongoing challenges faced by growers and the strategies being considered to navigate them.

Comparison with previous years

In 2019, a majority (59%) of respondents reported having enough labor, while 41% faced shortages, according to the annual fruit and vegetable labor survey, conducted by Fruit Growers News and its sister publication, Vegetable Growers News.

Fast forward to 2023, and the balance has shifted, with 46% reporting adequate labor. This trend continued into 2024, indicating a persistent struggle for growers to meet specific labor needs.

H-2A usage and outsourcing trends

The H-2A program remains a vital resource for many growers. In 2024, exactly half of respondents reported utilizing H-2A labor. Interestingly, a significant portion (83%) of those employing H-2A workers opted to outsource the recruiting process. However, when it came to fully outsourcing the H-2A process and labor management, opinions were divided, with 49% choosing this route.

“The new H-2A legal process and wages have caused my company to completely outsource

our labor force to handle recruitment,” a grower wrote. “With increased wages and labor contractor fees, I have been forced to reduce the quantity of my workforce. A smaller workforce means I have to manage harvest more efficiently and spend more money to work overtime. Overall, the new wages and legal process has significantly cut into my bottom line and margins.”

Impact of legal process and wage requirements

The introduction of new legal processes and wage requirements has significantly influenced growers’ use of the H-2A program. Respondents expressed various concerns, which can be categorized into several common themes.

Cost and affordability: Nearly half of the respondents (44%) cited concerns about the increasing costs associated with the H-2A program, making it challenging to afford.

“The increasing costs of the program and wages continues to put some growers at competitive

disadvantage to others,” a grower stated. “If you are able to raise prices to offset increased costs, then you may be able to come out ahead but if you are a price taker then you can’t.”.

“New wage is too high,” another grower responded. “Labor is up, fertilizers up, shipping up, chemicals up, etc., food in the stores is up, but I’m still getting the same amount for our veggies. If this keeps going and more farmers go under and are no longer farming where will our SAFE food come from? Something needs to be done with the H-2A wage.”

Wage increases are pressing agricultural employers. 

“Georgia is becoming increasingly reliant on the (H-2A) program especially in terms of fruit and vegetable production,” said Chris Butts, vice president of Georgia Fruit & Vegetable Growers Association. “Our industry is faced with double-digit wage increases and regulatory burdens are increasing. Economically, it is becoming unviable to use H-2A, but unfortunately it is our only option … we are in a bad place right now.”

Impact on profitability: For 21% of respondents, the new wage requirements were highlighted as negatively affecting their profitability and sustainability. 

“The Adverse Wage Rate is not affordable for us,” a grower stated.. Our commodity prices are not increasing at the rates to afford this wage. We are forced to raise less hand-harvested crops.” 

“Makes me wonder why!,” another grower stated. “Why do these pay rates keep increasing? Especially, since they are basing these numbers off a workforce of U.S. workers that does not exist. I would like to continue to grow my business, but I will not be able to due to new added costs on labor.”

— By Debbie Eisele and Doug Ohlemeier

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