Farm groups applaud USDA decision to discontinue farm labor survey

Ag industry groups are celebrating USDA’s decision to end its Farm Labor Survey (FLS), saying the move will provide much-needed relief to farmers and ranchers.

On Aug. 29, USDA filed a public inspection notice in the Federal Register announcing its intent to discontinue the FLS, a survey with origins dating back to the 19th century. According to USDA, the survey was outdated and not designed to reflect the current state of agriculture or labor.

The announcement came just days after a federal court in Louisiana vacated the U.S. Department of Labor’s (DOL) 2023 Adverse Effect Wage Rate (AEWR) Methodology rule, which had incorporated Occupational Employment and Wage Statistics (OEWS) data to set wages for non-range agricultural occupations. In response, DOL said it would revert to a 2010 regulation that defaulted to the FLS for establishing wage rates.

“For years, federal regulators forced America’s farm and ranch families to pay an escalating, imaginary wage,” Michael Marsh, president and CEO of the National Council of Agricultural Employers (NCAE), said in a news release. “For years, NCAE and our members fought to have the Department put an end to misusing the FLS as a wage-setting mechanism for H-2A workers. Finally, we have an administration that listens and has the strength to act. We are grateful to Secretary Rollins and the leadership of USDA for doing what it takes to put America’s farmers and ranchers first.”

The Georgia Fruit & Vegetable Association (GFVGA) also applauded the decision.

“We have worked for years to gain a better understanding of the AEWR process that has resulted in massive increases, over 30% in three years for Georgia growers, but the process and resulting increases have remained a frustrating mystery,” Chris Butts, GFVGA’s executive vice president, said in the release. “The AEWR increases in Georgia have pushed growers to the brink and have rendered the H-2A program unsustainable. We are grateful to Secretary Rollins and her team at USDA for demonstrating the leadership to bring an end to these unfair wages and to help restore a level playing field for our rural agricultural communities.”

Industry groups argue the DOL’s reliance on FLS results allowed wages for foreign farmworkers under the H-2A program to outpace U.S. food producers, creating an uneven playing field. They point out that H-2A workers were paid far more than new recruits in the Armed Services and that FLS-driven wage increases rose faster than cost-of-living adjustments for retirees on Social Security.

“This is an exciting announcement and opportunity for America’s rural community to bounce back from years of regulatory abuse,” Marsh said in the release. “Discontinuing the FLS finally gives America’s farmers and ranchers a real chance to be competitive with foreign competitors. We look forward to working with Secretary Rollins and the leaders at USDA to learn what this change will mean for America’s farm and ranch families.”

According to Marsh, the discontinuation — combined with the Louisiana decision and DOL’s subsequent announcement — means wage rates will now be determined by the market rather than “a wrong-headed bureaucratic mandate.”