Labor

History Made at 2026 West Coast Produce Expo as Two Win Farmworker of the Year

Fri, 29 May 2026 16:53:55 GMT

PALM DESERT, Calif. — For the first time in the award’s history, the Equitable Food Initiative, in partnership with The Packer, has named two deserving people as the Farmworkers of the Year: Maria Barbara Resendiz Martinez of GoodFarms and Jesús Gutiérrez Manuel of Stemilt Growers. The national recognition program that honors farmworkers for their exceptional leadership, contributions and impact on the fresh produce industry was announced May 29 at the 2026 West Coast Produce Expo.

From Strawberry Picker to Crew Foreman

Affectionately known as “Barbi,” Resendiz Martinez was nominated for the second year in a row. Her organization has recognized her remarkable professional trajectory, noting that she began as a strawberry picker and advanced to her current role as crew foreman.

GoodFarms also highlights how Resendiz Martinez is a pillar of its organization, noting her 20 years of agricultural experience and 16 years of unwavering loyalty to the company. GoodFarms describes her as a leader who “teaches by example without fear,” earning the deep respect of her peers by demonstrating that she is there in the trenches with them. The organization praises her unique ability to remain neutral and fair, operating under the philosophy that for the industry to function, everyone must win.

Beyond her character, GoodFarms lauds her technical and managerial impact; she famously took a small project of two people and, through her own processes and program development, scaled it into a thriving department of 30. By utilizing untapped resources and saving the company significant costs, Resendiz Martinez has shown that she is not only an intelligent strategist but a transformative force within the community and the agricultural field.

Resendiz Martinez has also been asked to share her experience as a farmworker for national media, reminding the world that agricultural work is an essential service to society . She advocates for consumer awareness, highlighting the human hands and family sacrifices behind every beautiful presentation of fruit found in stores.

She famously said, “If agriculture stops, what are we all going to eat?” — a reminder that she views her work not just as a job but also as an essential service to society. Her perspective that “no one else but those of us who work in agriculture know what it takes to work in that field” makes her the perfect bridge between the farm and the consumer.

“I can’t think of a better ambassador for the industry; she is beyond worthy of being a winner,” says nominator Christina Herrick, produce editor for The Packer. “I interviewed Barbi (Maria) as part of a labor story, and I was immediately struck by her profound passion for her role. She is an incredible communicator who speaks with rare clarity about the challenges and opportunities facing farmworkers today.”

Registered Nurse Brings Health Training and Innovation to the Field

Jesús Gutiérrez Manuel, an H-2A guest worker and harvester with Stemilt Growers, began his career as a field picker and has since been promoted to quality checker and now crew leader for the company.

“His story reflects job mobility based on merit, responsibility and commitment to excellence,” says colleague Martin Casimiro.

Nominators cite Gutiérrez Manuel’s hard work, perseverance and his relentless pursuit of innovation and professional excellence as key traits. He helped develop a strategic framework designed to improve efficiency and resilience throughout the supply chain. He is furthering his impact by also working to become an agricultural consultant.

Gutiérrez Manuel has been recognized by Cierto Global MX, a labor recruiting organization, which nominators say highlights his evolution from field worker to crew leader and demonstrates a commitment to his professional career in agriculture.

Nominators recognize that Gutiérrez Manuel’s ability to integrate and guide fellow workers with effective communication helps to foster a positive work environment and respect while ensuring goals are achieved efficiently and safely.

“Jesús has demonstrated that the field is not merely a workplace, but a space where opportunities are built, where one learns something new every day and where one grows — both as a person and as a professional,” Casimiro says.

Gutiérrez Manuel is also a registered nurse, which nominators say helps influence his approach to hygiene, safety and sanitation while in the field. He also seeks to empower his colleagues and their families through education and pre-hospital health training. Nominators say Gutiérrez Manuel serves as a bridge between operational productivity and human welfare and embodies the modern agricultural professional: innovative, compassionate and deeply committed to the advancement of the entire farming community.

Gutiérrez Manuel actively shares his knowledge and experience, establishing himself as a leading figure both in the field and beyond. He has been invited to speak about innovation and technology by the International Horticultural Alliance for the Promotion of Social Responsibility.

“These engagements position him as an exemplary figure for his colleagues and for the broader agricultural community,” Casimiro says.

Gutiérrez Manuel has also joined the EFI framework, through which he seeks to continue making comprehensive contributions to the agricultural sector.

“His commitment extends far beyond simply putting in a day’s work: He looks out for his team, respects the contributions of every colleague and always strives to do things right — even when no one is watching,” Casimiro says. “He represents those who work hard, learn along the way and contribute to the agricultural sector with responsibility, knowledge and pride.”

History and Legacy of the Farmworker of the Year Award

This is the third year EFI and The Packer have celebrated the critical role of farmworkers in the fresh produce industry. The award recognizes the dedicated and proficient individuals who play a crucial role in the production of the fresh fruits and vegetables we consume on a daily basis. Previous winners include:

Each nominee reflects core values that are essential to a thriving workplace culture: humility, teamwork, resilience and a deep concern for others. Through this award, EFI continues its commitment to highlighting the individuals whose work touches every step of the produce supply chain.

The 2026 Farmworker of the Year selection committee includes Jeff Cady, vice president of produce and floral at Top Markets, Lori Taylor, founder and CEO of The Produce Moms; Jane Kuhn, senior director of strategic sourcing and sustainability for Once Upon a Farm and Emily Fragoso, vice president at MIXTEC Group.

Finalists for the 2026 Farmworker of the Year include:

More information about the Farmworker of the Year Award and this year’s finalists is available at equitablefood.org/FWOY .

Ethical Charter Implementation Program Highlights Rapid Growth in Produce

Tue, 19 May 2026 20:36:01 GMT

The Ethical Charter Implementation Program has released its second annual industry report, which it says spotlights significant growth in participation and measurable progress in how the fresh produce industry approaches responsible labor practices.

ECIP says more than 300 suppliers and 1,700 growers now participate in the Learn, Assess and Benchmark platform, or ECIP LAB. The organization says this expansion reflects broad industry adoption as a practical, non-audit approach to strengthening labor management systems and advancing continuous improvement.

“We are excited to celebrate the growth ECIP experienced in its second year and believe it is on a trajectory to scale across the produce value chain,” says Laura Himes, vice president of produce sourcing for Walmart. “More importantly, the continuous improvement tools and resources that ECIP offers are helping develop a more resilient industry through stronger management systems and responsible labor practices.”

The number of suppliers earning two or more engagement stars rose from 41 to 137. ECIP says this 234% increase year over year signals stronger alignment with principles in the Ethical Charter on Responsible Labor Practices and more active supply chain participation.

“Strong renewal rates are showing that suppliers and growers see real value in ECIP, using it to benchmark progress, strengthen systems and stay aligned with evolving expectations around responsible labor practices,” says Kenton Harmer, director of market-based impact at the Equitable Food Initiative, which oversees the ECIP software platform and provides technical support.

By the end of 2025, 60% of participating growers were classified as highly engaged by earning three or more engagement stars or through their participation in an approved third-party audit program that qualifies them for a gold star, according to ECIP.

“What we’re seeing in this second annual report is not just growth in numbers but growth in how suppliers and growers are using ECIP to build stronger management systems, engage their workforce more effectively and demonstrate continuous improvement over time,” Harmer says.

ECIP’s second annual report highlights key areas of strength across the industry, including more structured oversight of grower networks, clearer contracting practices and stronger internal accountability systems among suppliers. Among growers, foundational practices such as freely chosen employment, worker communication systems and documented management processes are becoming increasingly standardized, according to the program.

“ECIP has become a key component of how we operate at Costco,” says Amanda Kuhn, produce buyer at Costco Wholesale. “We encourage our suppliers not only to join the platform but also to meaningfully engage with its tools and resources to strengthen their labor practices and drive continuous improvement. We’re excited to see the broader industry embrace this important program and its impressive growth in such a short time.”

ECIP participation now spans across North, South and Central America and South Africa, which the program says underscores its relevance across diverse production regions and supply chains. Mexico is the most engaged geographic location, with dense activity in the U.S. and Canada.

Access the full report at ethicalcharterprogram.org/report .

Growers Win Key Legal Battle as Court Maintains Interim H-2A Rule

Fri, 15 May 2026 21:09:19 GMT

This past November, the United Farm Workers of America, the UFW Foundation and 18 farmworkers filed a lawsuit to reverse the Department of Labor’s interim final rule that changes the way the Adverse Effect Wage Rate is calculated for the H-2A guest worker program .

The U.S. District Court in the Eastern District of California has issued an order denying the request for a preliminary injunction against the interim final rule. The judge overseeing the case said the plaintiffs did not sufficiently show the likelihood of irreparable harm.

John Hollay, president and CEO of the National Council of Agricultural Employers, which filed an amicus brief with the support of the California Farm Bureau Federation, says the most important takeaway from this ruling is “because the court obviously maintained the structure, the IFR [interim final rule] stays in place.”

Hollay notes that both parties have to follow up with the court, but he says this ruling keeps the interim final rule in effect and continues to help growers in need of relief. Then, he says the next step would be for the final rule to be published, adding that the Department of Labor has indicated it plans to continue to work toward that release.

“We’ve indicated through public and private communications our eagerness to get clarity for our members on a lot of these questions because the rule is in an interim status,” he says. “We’re obviously pleased with the court’s decision, but we’re hopeful that the department will move to final [rule] regardless.”

Though there’s no set timeline for the release, Hollay says the final rule will help offer some clarity on how both the Labor Department’s Office of Legal Counsel and its Wage and Hour Division interpret the rules.

“By going to final, the department will provide the clarity that employers have desperately needed to take full advantage of the final rate,” he says.

Meet 2026 Farmworker of the Year Finalist Maria Barbara Resendiz Martinez

Thu, 14 May 2026 20:57:28 GMT

Editor’s Note: On May 29 at this year’s West Coast Produce Expo in Palm Desert, Calif., The Packer and the Equitable Food Initiative will present the third annual Grow the Good Farmworker of the Year award. To recognize the critical role farmworkers have in the fresh produce industry, The Packer is spotlighting each of this year’s five finalists, who were selected from nominations submitted in February.

Nominated for a second year in a row , Maria Barbara Resendiz Martinez, a crew foreman at Sierra Farms, has been recognized for humility, leadership and her ability to communicate and serve as a bridge between the farm and the consumer.

Rising from strawberry picker to her current role, Resendiz Martinez is one of only a few women in senior positions.

During the global pandemic, she became a voice for the industry in major publications, reminding the world that agricultural work is an essential service to society . She advocates for consumer awareness, highlighting the human hands and family sacrifices behind every beautiful presentation of fruit found in stores.

“She understands that the company’s customers also need to receive a product that is valuable and eatable and that can only happen if everyone cooperates and works together,” says colleague Juan Montañez of Sierra Farms.

Nominators cite Resendiz Martinez’s ability to remain neutral and fair and how she operates under the core philosophy that for the team to function successfully, everyone must win.

“She is a person who teaches by example with her effort and dedication, and if she sees that it is necessary, she does not stop and without fear she talks to whoever she has to talk to in order to solve a problem or to try to avoid a problem from happening,” says Sierra Farms colleague Maria Cervantes.

Nominators say she famously took a small project of just two people and, through her own process and program development, expanded it into a thriving department of 30. By utilizing untapped resources and implementing cost-saving measures, she has proven herself to be an intelligent strategist and a vital force in the field.

“It’s just great to have co-workers like Barbara, not only because she does a wonderful job and she’s open to learning and improving things and accepts constructive feedback, but also because she’s an amazing person,” Montañez says. “She is always willing to help; she is always smiling and positive about things.”

Your next read: Honoring Excellence in the Fields: Finalists Announced for Farmworker of the Year

Meet 2026 Farmworker of the Year Finalist Rogelio Nabor Martinez

Thu, 14 May 2026 00:11:18 GMT

In the fast-paced world of California agriculture, leadership isn’t just about managing schedules; it’s about mastering the soil and the soul of the workforce. For Rogelio Nabor Martinez, foreman at Blue House Farm, this journey began 25 years ago as a field worker. Today, he stands as a finalist for the Farmworker of the Year, recognized by his peers and the industry as a model of professional growth and community advocacy.

Martinez’s story is a classic blueprint for success in the produce industry. Starting on a small team at Blue House Farm 16 years ago, he mastered the foundational rigors of harvesting, planting and weeding. As Blue House Farm expanded, so did his responsibilities. A natural leader, Martinez rose through the ranks to manage a fast-moving and complex workforce.

For the last five years, he has successfully overseen more than 30 employees across multiple properties, balancing the intricacies of personnel management with technical expertise in tractor operation, logistics and infrastructure maintenance.

Beyond his technical proficiency, he is a powerful advocate for systemic change and the well-being of the agricultural community, say colleagues. He is deeply engaged in civic leadership, serving on advisory commissions that promote programs and policies to address the unmet needs of his peers.

His commitment to grassroots organizing and his willingness to serve on planning committees for regional conventions ensure that the voices of farmworkers are heard at every level of leadership, say colleagues.

Those who work with Martinez say he frequently challenges himself and his community leaders to push harder for improvements that benefit the lives of agricultural families, viewing systemic challenges not as barriers, but as motivations for greater involvement.

“Nominating Rogelio is an honor because he embodies the spirit of a true community role model,” says JoAnn Sandoval, community organizer for My Puente. “He leads by example, grounded in a philosophy of integrity, optimism and selfless service.

“His colleagues and supervisors recognize him as a pivotal force who not only ensures the operational success of the field but also inspires the next generation of leaders,” Sandoval continues.

Martinez is also part of the San Mateo County Farmworker Advisory Commission, which promotes programs and policies that address the unmet needs of farmworkers in San Mateo County.

“In 2024, when the first Farmworker Convention was being planned in the San Mateo County South Coast, he volunteered to serve on the committee to ensure the convention reflected the needs of his fellow farmworkers,” says Sandoval. “He is a pivotal part of the grassroots group Del Campo Al Cambio, often challenging himself, his colleagues and his community leaders to push harder to improve the lives of farmworkers and their families,” Sandoval adds.

Colleagues also say Martinez’s impact is “defined by a rare combination of hands-on agricultural expertise and a passionate commitment to uplifting his community, making him an exceptional representative of the resilience and vision found in the agricultural sector.”

Your next read: Honoring Excellence in the Fields: Finalists Announced for Farmworker of the Year

Meet 2026 Farmworker of the Year Finalist Jesús Gutiérrez Manuel

Mon, 11 May 2026 21:06:52 GMT

Jesús Gutiérrez Manuel is a distinguished agricultural professional with over 15 years of industry experience and a reputation so profound that 12 individuals across multiple organizations nominated him for this year’s Farmworker of the Year award. Since 2019, he has been a pillar of high-performance teams, rising through the ranks from harvester and fruit checker to crew leader for Stemilt Growers.

Gutiérrez Manuel’s leadership is defined by a rare ability to harmonize team dynamics, where he is equally admired by his peers for his motivational guidance and respected by management for his consistent, high-quality results. He operates with a holistic view of the industry, treating his work not just as a job but as an essential service where communication and cooperation are the keys to success.

What sets Gutiérrez Manuel apart is his relentless pursuit of innovation and professional excellence. In 2024, he received an honorable mention in a prestigious industry innovation challenge for creating a “Decalogue for the Field Professional,” a strategic framework designed to improve efficiency and resilience throughout the supply chain. His expertise has made him a sought-after voice in the sector, leading to invitations as a guest panelist at major agricultural anniversaries, where he speaks on the intersection of technology, knowledge and sustainable transformation.

Currently, he is furthering his impact by pursuing certification as an agricultural consultant, ensuring he remains at the forefront of high-value project development and sustainable practices.

“I have been working here for five years, and I have known Jesús since then,” says Francisco Perez Felix, an H-2A worker for Stemilt. “He is always available to help you with work or anything else. He works very hard and motivates people at work. He is very responsible in his work and the tasks assigned to him.”

Beyond his technical and strategic contributions, Gutiérrez Manuel brings a unique safety-first perspective to the field through his background as a licensed nurse. He has combined this medical expertise with multiple certifications in industrial and food safety to champion the well-being of his fellow workers.

He is a dedicated advocate for the “integral development” of the workforce, constantly seeking to empower his colleagues and their families through education and prehospital health training. By serving as a bridge between operational productivity and human welfare, he embodies the modern agricultural professional: innovative, compassionate and deeply committed to the advancement of the entire farming community.

“Since 2019, Jesús has collaborated closely with Semillero de Ideas, where he has continued to grow as a leader and innovator,” says Eric Nicholson. “He is currently completing an EFI Agricultural Consultant Certification through Semillero de Ideas, expanding his capacity to support sustainable, high-value agricultural projects. His career reflects consistent growth, cross-border experience and a commitment to excellence in agriculture.”

House Ag Committee Chairman Says Farm Bill Pesticide Provisions Could Cause Concern in the Senate

Fri, 08 May 2026 18:55:32 GMT

After a flurry of debate, votes and finally movement, the Farm Food and National Security Act of 2026 passed the U.S. House with a 224-200 vote. House Agriculture Committee Chairman Glenn “GT” Thompson calls the legislation “transformational,” adding that 96% of GOP members in the House, the most in history, and 14 Democrats supported the bill.

“That’s the most members of the minority party who voted for a House farm bill since 2008. So, [that’s] a strong endorsement in a bipartisan way as this bill winds up in the Senate for consideration,” he says.

Despite his optimism, Thompson expressed concern over a key amendment introduced by Rep. Anna Paulina Luna. The addition stripped the farm bill of pesticide liability provisions. Before the amendment, the bill’s original language reaffirmed EPA as the sole agency capable of determining the information listed on a pesticide label. Critics, including Make America Healthy Again (MAHA) advocates, worry the language would shield pesticide manufacturers from liability claims.

“I have some concerns with the pesticide provision that was added,” Thompson says. “I think it may put farmers’ health at risk and certainly drive up affordability and open the door for foreign-manufactured pesticides to flood into our country.

“I have significant concerns that the amendment that was put forward is going to create chaos [in the Senate],” he later added.

Thompson says he’s supportive of year-round E15, but because it falls under the jurisdiction of the House Committee on Energy and Commerce, it will likely be taken up for a vote mid-May.

Moving Forward

Thompson says, overall, he thinks farm bill conversations in the Senate are positive. The chairman says he’s kept Sen. John Boozman, chairman of the Senate Committee on Agriculture, Nutrition and Forestry, well informed about the bill over the last year.

“I kind of pictured my good friend, John Boozma, with a catcher’s mitt, ready to receive the Farm Food and National Security Act,” Thompson says. “He’ll have to make some modifications, and I think he’s hoping to do that mid- to late May. He knows how ... our farmers need this bill today, not tomorrow or not next year.”

New Legislation Impacting H-2A Reform

Thompson says in three to four weeks, he will likely release draft language for public discussion that would make reforms to the H-2A program. After the draft, he’ll be introducing a bill with bipartisan support, he says.

“We’ve already had some very positive discussions with our [House] Judiciary [Committee] Chairman Jim Jordan — so, [I’m] looking forward to breaking that 45-, almost 50-year gridlock of really not doing anything in this space. I think we have a great opportunity to provide certainty to agriculture workforce, which quite frankly is necessary for both food security and ultimately national security.”

Honoring Excellence in the Fields: Finalists Announced for Farmworker of the Year

Fri, 08 May 2026 19:40:03 GMT

The Farmworker of the Year Award was created to elevate the voices of those who form the backbone of the global food system. Now in its third year, the program celebrates individuals whose contributions are essential to the success, safety and sustainability of agriculture.

This prestigious honor recognizes farmworkers whose leadership, technical skills and dedication strengthen both the fresh produce industry and the agricultural communities in which they live and work. The award is a collaborative effort between the Equitable Food Initiative — a workforce development and certification organization — and The Packer. This partnership highlights the vital relationship between growers, retailers and the workforce.

By supporting these workers, the industry acknowledges that a sustainable food system is built on a foundation of skilled labor and mutual respect. Recognizing farmworker excellence reinforces the value of professional mentorship and community impact within the supply chain.

Candidates for the award are evaluated by a panel of industry leaders based on their commitment to workplace safety, their positive influence on their teams and their ability to provide solutions-oriented leadership. From equipment operators to crew foremen, these nominees represent the deep knowledge and pride that farmworkers bring to their essential roles every day.

The Packer will highlight the stories and achievements of each nominee in the coming week, starting with Magaly Alfaro Avalos on Monday, May 11.

The 2026 Farmworker of the Year nominees include:

John Hollay on Why the 21st-Century Food System Cannot Be Saddled With 1980s Labor Policies

Fri, 01 May 2026 09:50:23 GMT

Agricultural labor is such a critical part of the fresh produce industry — beyond just another “input” — says John Hollay, president and CEO of the National Council of Agricultural Employers. He joined “The Packer Podcast” to give an update on where ag labor sits at the federal level and why both relief from burdensome regulations and federal ag labor reform are necessary.

“What we have right now is an agriculture system, a food system that is rocketing forward into the 21st century and making sure that all farmers come along, but it’s saddled with a labor system essentially that comes from the 1980s,” he says.

Hollay says that Congress and those working in the administration see the challenges that growers face with getting and affording workers as a food security issue.

“It’s not just something that’s an afterthought for the few folks that actually are still engaged in agriculture,” he says.

Hollay says this administration has understood the unique challenges facing the agriculture industry when it comes to labor and has committed to solving those challenges. While Labor Secretary Chavez-DeRemer recently resigned and Keith Sonderling has been named acting secretary, Hollay says he doesn’t see a change in that support with that transition.

Sonderling attended NCAE’s annual meeting to discuss the importance of the interim final rule on the Adverse Effect Wage Rate, which could provide $17 billion in projected relief to growers. Hollay says Sonderling has shown interest in protecting the regulatory investment in ag labor.

“We’re very happy to see Mr. Sonderling in that role and eager to see again the continued work to make sure that the interim final rule gets implemented in the way that it was envisioned and that the rest of the agencies that support the Department of Labor in its work in the H-2A program,” Hollay says.

He adds that the industry awaits the publishing of the final rule to codify the updates to the program to provide some clarity on the rule moving forward.

“We had a program that was broken for so long,” Hollay says. “So, getting a more reasonable wage back in place is something that’s critical.”

He says growers using the H-2A program have questions about this interim final rule and are seeking guidance on how to move forward with the publishing of the final rule.

“It’s really to bring the certainty that our members need as they’re trying to navigate this space,” he says. “[One] of things that the rule did was make it more affordable and more attractive to a lot of folks that haven’t used the H-2A program before.”

Also top of mind for many using the H-2A program is federal-level legislative relief. Hollay says House Ag Committee Chairman Glenn “GT” Thompson has indicated a focus on passing the farm bill before working on legislative relief, which will hopefully happen soon. Hollay says it’s critical that some sort of federal reform gets passed to help provide certainty for the future of U.S. agriculture.

“We’ve been operating under the 2018 farm bill and obviously had some fixes in the ‘One Big Beautiful Bill,’ so we know we need that,” Hollay says. “It’s been 40 years since we’ve had a labor fix. … We’ve got to make sure that the employers know that they’re going to have the workers there that can actually help them take advantage of this updated farm policy.”

Sonderling Named Acting Labor Secretary

Wed, 22 Apr 2026 21:14:14 GMT

President Donald Trump named Keith E. Sonderling the acting secretary of labor April 20, following former Labor Secretary ‌Lori Chavez-DeRemer’s resignation .

As deputy secretary, Sonderling oversaw key operational functions such as strategic planning, budget formulation, financial management, information technology and human resource management.

Prior to becoming deputy secretary, he was previously confirmed by the Senate to serve as the commissioner of the Equal Employment Opportunity Commission from September 2020 until August 2024. He also served as the commission’s vice chair from 2020 to 2021.

Sonderling previously served at the Department of Labor as the acting and deputy administrator of the department’s Wage and Hour Division from 2017 to 2020.

Before his tenure in public service, Sonderling was a partner at one of Florida’s oldest and largest law firms, Gunster. At Gunster, he counseled employers and litigated labor and employment disputes. Sonderling also served as an adjunct professor at George Washington University Law School, teaching employment law.

Sonderling received a Bachelor of Science degree, magna cum laude, from the University of Florida and a Juris Doctor degree, magna cum laude, from Nova Southeastern University.

Industry Reaction

John Hollay, president and CEO of the National Council of Agricultural Employers, says Sonderling brings a wealth of agriculture knowledge to his new position after working with agricultural employers in a variety of roles.

“Having already managed the department’s day-to-day operations as deputy secretary, and bringing years of deep institutional knowledge from his time at the Equal Employment Opportunity Commission and the Department of Labor’s Wage and Hour Division, he is exceptionally well-positioned to advance the department’s mission,” Hollay says. “NCAE is grateful to President Trump for elevating such a strong advocate for agricultural employers as the department works to finalize the historic AEWR [Adverse Effect Wage Rate] regulation that is already saving producers from skyrocketing costs.”

How Written English Tests Are Stalling Guest Workers with CDLs

Tue, 14 Apr 2026 21:17:15 GMT

While the need to understand English with a CDL isn’t a new mandate, its enforcement has become a significant challenge, says Tom Bortnyk, senior vice president and general counsel of masLabor, the largest H-2A visa processor in the country.

While some of this increased scrutiny came on the heels of a fatal crash on the Florida Turnpike in August 2025, Bortnyk says what has happened is a much stricter enforcement around English proficiency.

“That’s not a new requirement, and it just simply wasn’t enforced rigorously,” he says. “So, the focus was kind of on CDLs and the English language requirement.”

Bortnyk says that what MasLabor has seen on the consulate level with visas is that this focus has broadened and impacts all drivers.

“There’s plenty of drivers, especially in the H-2A program, that are exempt from CDL requirements because it’s farm driving, and so, even though they qualify for an agricultural exemption, we are still seeing high levels of scrutiny for such drivers,” he says.

From the Field to the Interstate

Richard Keeth, chief operating officer with masLabor, says inconsistent enforcement is also an issue. He says there are many different drivers that operate farm-use vehicles, whether it’s a pickup with water for crews in the fields or to transport the workers on empty farmland or even just run crews to the store or to wire money home.

There are also workers who often run produce from storage to a long-term holding facility that’s under 150 miles away. He says those drivers are all being compared to semitruck drivers on the interstate.

“We’re seeing interviews and scrutiny on folks who’ve been driving farm-use vehicles in this country for eight years,” Keeth says.

Another thing that’s caused some confusion and extra attention is what constitutes English competency.

“Proficiency in this context, the DOT context, obviously largely pertains to interactions with law enforcement,” Keeth says. “If you’re stopped, you need to be able to communicate, respond to a lawful order, and then also you need to be able to understand common street signs, roadways, you know, things that maybe are very second nature.”

But Keeth says that instead of verbal proficiency, H-2A workers who will drive have to take a written English assessment on what road signs mean; that can be difficult, as some workers have poor written skills and sometimes are illiterate, which also makes administering a written test challenging.

Keeth says one client has a few workers who have been driving loads of potatoes in the U.S. for about 10 to 15 years. They have safe driving histories, and while they may not be able to articulate in English the extent of a traffic law, they’re competent and law abiding.

“You can’t suddenly say everybody coming from Mexico suddenly needs to be proficient in English,” he says. “We hear English proficiency a lot. That’s a very high threshold.”

Subjective Scores at the Border

Keeth says it’s often left up to each consulate worker to determine what proficient English is, as there are no rules or guidelines for these administrators to follow.

“What you have is complete variability between consulates and between consular officials,” he says. “So, for example, we have clients who get, say, 100% of them rejected in Tijuana; same process, same group can go through Monterrey and be fine.”

Keeth says he’s interfaced with workers who have been rejected and others who have been approved, often with the same competency going to the consulate on the same day with the same driving history. Depending on the official administering the test, one worker is approved, and the other is rejected.

Bortnyk says this lack of standardization makes it difficult for the worker, the grower who depends on these workers and anyone applying to the H-2A program, as the results can be somewhat unpredictable.

“It’s just the lack of standardization and the amount of subjectivity that goes into it,” he says. “Everybody kind of has their own definition of what level of English is acceptable. And the problem is that the decision is now being handled by consular officials, you know, people that are working in the U.S. State Department, whereas traditionally, that’s the sort of function that would be left to a DOT person who specializes in what it takes to be English proficient in the context of truck driving.”

He says MasLabor has submitted a Freedom of Information Act request to try to obtain copies of a guideline if one exists.

Fumbling at the 1-Yard Line

Keeth recalls one worker who had to provide a motor vehicle record to demonstrate a clean driving record, but his Mexican CDL was transferable in the state where he worked because of a memorandum of understanding. Therefore, the state he drove in didn’t have a record of him. Because he couldn’t provide a U.S. record, that worker was held up in administrative processing.

“We have employers saying, ‘What can we do?’” Keeth says. “It’s fumbling at the 1-yard line. It cuts your legs out from under you. When you actually get your harvest in, you get your field workers in, you need somebody to move the product to market. ... That’s not something to be understated.”

Keeth says growers invest a lot of money in insurance to hire these drivers, only to potentially not have them when they are needed.

“Three months just to figure out a small discrepancy with a motor vehicle record is a lot for a small grower who is counting on those two drivers to drive at a very critical point in their season,” he says.

Bortnyk says the other takeaway is that no matter what a grower does, what an H-2A administrator does, the application could be seamless and there could still be holdups.

“We can do everything 100% right,” he says. “This is a multimonth process. It involves a lot of different government agencies. We could navigate that government filing process seamlessly. Every single thing could be on time. Every single thing could be perfect. But if we get to the consulate and the worker gets held in an administrative hold over English proficiency, even if that worker is a bench-approved, the workers are late, which means crops are rotting in the field, things not getting delivered; it has an impact, even if we did everything possible to ensure timeliness.”

State-Level Conflicts for Native Speakers

Another hiccup, Bortnyk says, is that many native English-speaking guest workers from South Africa or Jamaica face even bigger hiccups.

“They have to get their CDL when they come to the U.S. So, they get here, and then they go through the same process that a U.S. driver would go through to get a U.S. CDL,” he says. “There are many states now that are not even allowing them to get that license.”

While the Trump administration carved out exceptions for the H-2A and H-2B programs, Bortnyk says the federal government is hands-off when it comes to states and motor vehicle licenses.

“That’s added a whole new level of strain to it, because here you have drivers that do speak English, and they’re just not even allowed to do so purely by virtue of them being on a foreign visa,” he says of them obtaining CDLs.

Staying Ahead of the Curve with the Interim Final Rule

Tue, 07 Apr 2026 22:15:43 GMT

While the interim final rule, or IFR, on the H-2A guest worker program was announced in October 2025, last year’s government shutdown and subsequent litigation have left growers with little guidance through this application season. To provide clarity, the National Council of Agricultural Employers hosted a webinar to help growers navigate some of the rule’s complexities .

Ruben Lugo, owner and lead consultant of Impact Ag Labor, and Jeanne Malitz, principal of MalitzLaw Inc., led a discussion on the skill-based wage tiers and housing adjustments set out in the IFR.

Plotting Your Position in the New Skill Levels

Malitz says wage rates are different with the IFR than in past calculations of the Adverse Effect Wage Rate. New wage rates will come out in July because the Department of Labor will now use the Occupational Employment and Wage Statistics survey to determine H-2A wage adjustments.

Within the IFR are new skill levels and Standard Occupational Classification codes: Skill Level 1 will be an entry-level position, and Skill Level 2 will be more experienced.

“Skill Level 1 is working under close supervision, doing repetitive tasks, using common tools,” Malitz says. “Skill Level 2 is where more discretion is involved and may take on more of a leadership role and more advanced role. But in reality, what we’re seeing is that it’s really coming down to how much work-related experience in quantity that you’re requiring.”

For example, a basic farmworker job that requires two months or less of experience would be a Skill Level 1, and if the job requires three months or more of experience, it falls under Skill Level 2.

“It means you have to determine what the basic industry quantitative years of experience or months of experience are allowed under this example and under the Occupational Information Network (ONET),” she says.

ONET will show the maximum experience required for each of the occupational titles. Malitz says it’s critically important for H-2A applicants to understand how to argue why some jobs may still fall in that Skill Level 1 despite having more minimum experience required using this ONET information.

“If you’re requiring three months of experience, which used to be the maximum under a Job Zone 1, it’s now way under the maximum experience,” she says. “You should be able to argue that if you have a three-month, a four-month, even a five-month job experience requirement; you’re still Zone 1.”

Housing Adjustments and the AEWR Reality

What’s also new is that the IFR has built into the AEWR a downward wage adjustment for H-2A workers to account for the cost of housing, which is based on the U.S. Department of Housing and Urban Development’s analysis of a four-bedroom house.

“It is not a separate wage credit. It is not a payroll item. It is not something you take or don’t take. It is just built into the AEWR,” Malitz says. “It is not applicable to local wages, and it is not applicable to a collective bargaining rate. It is only part of the AEWR. So, you wouldn’t take it against the state or federal minimum wage either.”

Malitz says ONET will help H-2A applicants understand which of the “magic five” jobs a worker could fall under. But what if that job description falls out of those “magic five” codes? The IFR also calls for primary and secondary duties.

“The rule is a little bit confusing,” she says. “It talks about primary duties and then it goes into a whole different test at the end of the day on the majority of the workdays. What we put in our job order — if I see something that could trigger a different code, I will put in, ‘Perform these duties less than 50% of the workdays.’”

And this is a place where applicants should pay close attention, Malitz says, as the Department of Labor’s Wage and Hour Division is likely to scrutinize the tasks your workers do to ensure those tasks match the job classifications.

A major source of hiccup is with shuttle drivers who drive workers to and from worksites. She says it’s important to include language in the job order of how much time a worker would spend driving.

Malitz says H-2A employers still must pay the highest of the AEWR, prevailing hourly rate or state piece rate, the CBA rate or state or federal minimum wage.

“What you put in your job order is going to impact how Wage and Hour handles this wage,” she says.

Surviving the Inevitable Wage and Hour Investigation

Lugo points out that for growers participating in the H-2A program, there will inevitably be a DOL Wage and Hour Division audit.

“If you’re an H-2A employer, you can 100% expect to be investigated,” he says. “Maybe not your first year, maybe not your second year, maybe not your third year, but eventually you will be investigated by DOL Wage and Hour.”

Lugo says that it’s a mistake for growers to assume that just because an H-2A visa application was approved, the hard work is over. He says while there’s an agent or an attorney to assist during the certification and visa processing, it’s when workers arrive to fulfill the contract that is really the highest risk for Wage and Hour Division violations.

He says that while worker complaints often spur such investigations, there could also just be enforcement plans that target specific geo-locations or crops.

Lugo says when the Wage and Hour Division investigates, expect longer interviews with workers. He says agents will ask workers about their day from the time they get up until they go back to their housing at the end of the day. This is to screen for any pay discrepancies in start times.

“You have to be at the top of your game right now because these interviews might go into deeper interviews where other related violations might be encountered,” he says.

Preparing Supervisors for Audits

Lugo says that despite the new IFR, it does not change how the Wage and Hour Division will conduct its investigations.

“You really have to take a look at your operations from housing, transportation, safety, U.S. worker protections, recruitment, inbound, outbound, proper payment of wages, deductions, primitive fees, 3/4 guarantees and all the other requirements,” he says. “What violations might Wage and Hour find because of IFR? Well, they’re going to probably look at certain areas and they’re going to look at your job order within your job order and they’re going to look at what’s actually happening out there in the field, what’s actually occurring in your operation.”

He says a common violation is failure to state actual terms and conditions of the job order. Another is if specific housing is listed in the job order, but workers stay in different housing. One might be inaccurate job duties as much of a job might be in a different SOC code and require a higher pay wage rate. Paying H-2A workers higher than domestic workers is another violation, as preferential treatment is forbidden.

Lugo encourages H-2A applicants to ensure employee housing is in top shape, especially with the additional downward wage adjustment for H-2A worker housing.

How can a grower prepare for Wage and Hour Division investigations? Lugo says it’s critical to train frontline supervisors, as that’s where most violations can occur.

“They’re making decisions. They might make incorrect decisions. They might be ignoring certain situations that cause non-compliance,” he says. “And you’re going to be the one that’s going to have to pay the penalty for those decisions.”

Another is monitoring compliance of housing and transportation as Wage and Hour could show up unexpectedly at any time, any day. Conduct mock audits, too, to ensure compliance.

“Keep good records,” Lugo says. “Records will always be your best friend in defending your compliance.”

New Research Links Better Pay and Safer Conditions to Healthier Babies

Wed, 01 Apr 2026 11:30:51 GMT

A peer-reviewed study published in the journal Demography has found a direct link between participation in the Fair Food Program and improved birth outcomes for farmworkers. Infants born to farmworker mothers on Fair Food Program-certified farms were 10% less likely to be born at a low birth weight.

Low birth weight, the Fair Food Program notes, is closely linked to perinatal mortality, cognitive development, chronic disease risk and more.

Joaquin Alfredo-Angel Rubalcaba, the study’s lead author and an associate professor of public policy at the University of North Carolina at Chapel Hill, says low birth weight is a good marker to track, as it’s a sensitive indicator of the “health spillover” for both mothers and infants.

“We do show that mothers are getting healthier,” he says. “Their health, in terms of gestational diabetes and hypertension, [is] improving.”

Quantifying the Health Spillover

Birth weight, which has already been measured and validated through public health research, would also be a way to quantify how the Fair Food Program influenced maternal and infant health outcomes.

“It’s not just the income; it’s all of these other things that go along with that,” Rubalcaba says, noting that improved working conditions create a positive health spillover that extends beyond the individual.

“When you’re healthy, you don’t have to worry about your child being malnourished,” he says. “When you don’t have to worry about the things that we take for granted on a day-to-day basis, you’re able to focus on the things that make you productive.”

Rubalcaba says this spillover effect continues beyond just a nuclear family and into communities.

“The community is thriving as a result of the efforts, at least, in my opinion, in my survey of the data, and the fact that we were able to see a result in publicly available data, in the birth records data, was pretty remarkable,” he says.

Moving Beyond the Paycheck

While the data is remarkable, the three drivers of these health outcomes — safer conditions, higher wages and reduced stress — manifest in personal ways for the workers.

Wage premiums and stricter enforcement against wage theft for farms in the Fair Food Program raised worker incomes by 24%. Legal protections against sexual harassment, forced labor and verbal abuse helped decrease maternal stress levels. The program’s focus on safety standards also helped to reduce physical strain and environmental hazards.

Laura Safer Espinoza, a retired New York State Supreme Court justice and executive director of the Fair Food Standards Council, says the study’s outcome highlights the strong correlation between improvements in overall working environments and increased birth rates.

Safer Espinoza says more than $50 million has been distributed to workers on Fair Food Program farms. What’s more remarkable, she says, is that retailers and brands have pledged to support this program.

“They have agreed to commit their market power and put those purchasing practices to work to incentivize good practices at the bottom of the food supply chain,” she says.

More Than Just Better Pay

Safer Espinoza points to other successes within the program that speak to the broader themes of family. These include requiring workers to be paid at call time, which she says resulted in later starts.

“For the first time, workers who were called to the field at a later time were able to eat breakfast with their children. They were able to walk their children to school,” she says.

As researchers surveyed workers in Immokalee, Fla., about the benefits of the Fair Food Program, it wasn’t only better pay; it was more family time, says Safer Espinoza.

“Families reported that their children were healthier and happier, and parents were delighted to be able to have that precious time with their children in the morning,” she says. “And that’s simply because the law was being enforced.”

Safer Espinoza says this study shows tangible benefits when women working on Fair Food Program farms earn more through increased pay or the elimination of wage theft. She says eliminating sexual harassment and verbal abuse reduces stress and tension, too.

“When mothers can work and expectant mothers can work in an environment where it is safer, where they are treated with more respect, where they don’t have to be fearful and stressed every day, this is the proof that it makes a huge difference,” she says.

And she says the study’s results aren’t necessarily an expected outcome that she and the Fair Food Standards Council members thought would happen on participating farms. She says the survey’s results show a greater impact on the Fair Food Program.

“We were not necessarily thinking, ‘This will increase birth rate and be transformational across generations in the way that it obviously is and has been proven to be,” she says. “It will make a huge difference for the children who are born to workers on Fair Food Program farms. They’ll be healthier and have better futures, and that’s something that I don’t think was necessarily contemplated when we set out, but it is a very beautiful result of this collaboration.”

A New Standard for Growers

Jon Esformes, CEO of Sunripe Certified Brands and the first grower to join the Fair Food Program, says he’s proud of how his company has become an employer of choice thanks to the positive culture created on his family’s farm. He says a couple of years ago, when he was on a panel about labor shortage with then-Agriculture Secretary Tom Vilsack, he had to say that he had no trouble recruiting and retaining workers as an employer of choice.

“That spoke to over a decade of bridge building and creating what we call a safe and fair work environment where everybody understands their rights, everybody feels safe and making complaints, everybody feels like the company is open to evolution, and that’s been the history of the relationship with the coalition,” he says.

And that’s truly what workers want, Esformes says.

“At the end of the day, when someone shows up to do a job, they want to go to the job, do their job, earn their money, know that they’re safe and go home,” he says.

And this study, Esformes says, helps highlight the intangible benefits from creating this type of workplace culture quantitatively.

“People tend to be evidence-based and need that evidence to convince them to keep doing something,” he says. “We didn’t need that for ourselves. For us, we knew what was happening. But in the meantime, it’s good for the general population to have a greater understanding of the efficacy of this type of program and its impact on the community.”

Stemilt Highlights Farmworker Awareness Week With New EFI Case Study

Sun, 29 Mar 2026 23:06:15 GMT

In celebration of Farmworker Awareness Week, Stemilt Growers has shared updates about a new Equitable Food Initiative case study as well as the completion of 48 worker-driven production improvement projects in the past year.

“When I think about what EFI is, it’s people,” says West Mathison, president of Stemilt. “By definition, EFI is a third-party audit designed by workers, growers, retailers and consumers to help suppliers like Stemilt bring more transparency and assurance around farm working conditions. But by the way it shows up in everyday life at work, it’s become part of our team’s identity, shaping how they show up, collaborate and look out for one another.”

To honor the progress made toward farmworker health and well-being, Stemilt says it examined the impact of its continuous improvement efforts with EFI over the past five years. According to the case study, employee engagement has improved by 10% since 2022 , with 96% of H-2A and 80% of local workers returning for seasonal work each year. In 2025 alone, Stemilt says EFI leadership teams across the apple and pear packing lines and the North Distribution Center completed 48 improvement projects at its packing facilities, each driven by worker insight and collaboration.

“One of the most powerful things our leadership teams have shared is that employees feel comfortable coming to them with questions or concerns,” Mathison says. “Many of our improvement projects have grown directly from those conversations, from adding stairs to parts of the packing line to improve safe access, to reorganizing the box mezzanine for better efficiency, to installing box elevators that reduce repetitive bending. Individually, these changes may seem small, but over time they create meaningful improvements in both physical and mental safety. Between 2023 and 2024, we reduced workplace injuries by 15%, and in some months, we’ve had no reported injuries at all.”

Stemilt says additional improvements included painted crosswalks and directional arrows in parking areas to enhance pedestrian safety, chains added to the line dumper to improve operations, electric scales installed in bagging areas to reduce unnecessary movement, new cafeteria access points to reduce slips and falls, and modifications to the pear line stamper to streamline workflow and reduce downtime.

Each of these changes has contributed to more than $68,000 in ROI, Stemilt says, while also making its production facilities safer and more efficient for workers.

“As we celebrate five years of EFI certification, we’re proud to recognize the World Famous farmworkers whose leadership and expertise have driven continuous improvement across Stemilt,” Mathison says. “Their hands, knowledge and commitment to excellence are what make our apples, pears and cherries World Famous. Farmworker Awareness Week gives us a special moment to highlight their impact, but our appreciation extends far beyond a single week.”

New Digital Platform Launched to Strengthen Labor Standards for Farm Contractors

Wed, 25 Mar 2026 22:20:46 GMT

The Ethical Charter Implementation Program has launched a new digital platform specifically designed for farm labor contractors, or FLCs. The Learn, Assess and Benchmark, or LAB, platform offers contractors a confidential way to evaluate their labor management systems and align with industrywide social responsibility standards.

Facilitated by the Equitable Food Initiative and backed by major retailers, the FLC LAB will officially launch April 1. The rollout includes a live informational webinar at 1 p.m. EDT to guide contractors through the new tools.

The webinar will provide an overview of the platform for contractors, growers and suppliers and how FLC LAB fits into the broader ECIP framework. Registration is currently open at ethicalcharterprogram.org . A Q&A session will be a portion of the webinar.

“This webinar is designed to walk farm labor contractors through the platform and show how easy it is to get started,” says Madelyn Edlin, product marketing manager for EFI. “We want to showcase how FLC LAB can support operations and strengthen their systems.”

Because FLCs manage a significant portion of the agricultural workforce, integration into the ECIP framework is considered a critical step for the produce supply chain. The platform allows contractors to:

Assess current systems across 56 key labor-related work areas.
Benchmark progress over time to demonstrate credible engagement to buyers.
Access management systems that support responsible labor practices.

The program is built on a continuous improvement model, ensuring that data remains confidential to support honest self-assessment and organizational growth.

“FLC LAB was created to give farm labor contractors a practical and supportive way to strengthen their operations,” Edlin says. “By focusing on learning and self-assessment rather than a ‘pass/fail’ test, the platform helps contractors understand their current standing and provides a roadmap for continuous improvement.”

H-2A Processing Delays Push 2026 Produce Season to the Brink

Tue, 24 Mar 2026 22:17:14 GMT

It’s thick in the H-2A visa application season, and while the overall volume of applications is slightly up for the 2026 season, there are reports of visa processing delays.

Chris Ball, CEO of seasonal workforce services provider másLabor, says the delays are mostly at the consulate level, where appointments have been hard to come by. Ball says this is right as most growers seek workers for an early April start time.

This is generally a busy time for H-2A visa processing as growers can only apply 75 days before the first start date, he says, and appointments at these consulates get filled quickly. Ball says that while H-2A applications overall are up this year, it doesn’t necessarily feel any more hectic than it has in years past.

“The industry is saying, in total, it’s up 3% or 4% on a year over year basis,” he says. “Our business is up probably 6% or 7% on the year.”

Local Bottlenecks and H-2B Policy Shifts

Ball says Easter falling right around the busiest time of the year has had an impact on appointment availability, especially in the U.S. Consulate General in Monterrey, which processes a lot of the H-2A visa applications in Mexico. For Easter in Mexico, businesses and offices close in observance of Holy Week, as do Mexican government offices — which will likely slow down processing.

“You’re losing essentially four or five days of appointments right at peak season, and this happened last year too,” Ball says.

He points out that the Department of Labor has been responsive to reports of visa processing slowdowns and has reported it would open availability during the weekdays near Easter.

“The administration has promised an additional 2,000 appointments around Holy Week,” he says. “They’re going to have those people work more than the traditional shutdown to try to make up for that delay.”

Ball says these delays have been amplified due to a change in policy with returning workers in the temporary non-agricultural H-2B program also needing consulate appointments for visa processing. In years before, returning H-2B workers had a waiver and didn’t need an appointment to process the visa. This year they do, and that compounds an already busy time.

“That’s sucking up the appointments as well, the pressure from the change with H-2B,” he says. “There’s only so many hours in the day to do them, and there’s more people [needing visas].”

John Hollay, president and CEO of the National Council of Agricultural Employers, says there have also been reports of delays specifically for H-2A applications in South Africa, where consulate appointments needed for the next few weeks were being scheduled into July.

“I worked with the State Department to get a rush of appointments there to meet the need that is coming through,” he says. “We’ve been pleased with the response of the State Department there.”

Navigating Peaks and Valleys

Hollay says that there’s not just one issue contributing to these delays but rather that it’s a multitude of issues.

“Because everybody has to go through the same steps in the same system — some have to go through more — but everybody gets caught right at that last couple of steps as they’re trying to get approved,” he says. “So, even workers that have no challenges, no issues, in the end might be on a job order with someone who does, and they get delayed.”

He says increased interest due to the interim final rule on the Adverse Effect Wage Rate, technical changes to the H-2A system and upgrades and the government shutdown at the end of 2025 has really pushed the system to a breaking point.

“It’s this series of events that has created a major problem for the program at the time when we’re hoping to see some benefit from this new IFR, and you really have a system that is really strained to the point of breaking,” he says.

Ball says all of this creates peaks and valleys for consulate staff, especially as most farms want workers around the same time.

“We think there’s going to be a delay on a bunch of workers for their requested date,” he says. “They’re going to get the workers, but are they going to get them a week or two or three late? Maybe. I think it’s just going to depend on are your workers ready. If they pop open the appointments and we grab some of them, we can run groups of workers through.”

Ball says the team at másLabor worked with its grower-clients as much as possible to get ahead of the rush, but as he says, there’s only so much his team can do with the H-2A application window being 75 days out and it being during the H-2A application rush. He says his team has even sent applications for West Coast growers through Tijuana, Mexico, or other applications through Guadalajara, Mexico, to try and beat the bottleneck.

“Those consulate offices aren’t really staffed to suck up the Monterey volume,” he says. “They’re set up to run what they normally run.”

Ball says issues with a cartel in Guadalajara may have also dissuaded visa applicants from using that consulate.

CDL Proficiency Gap

Hollay says that while a lot of the increased pressure has to do with an uptick in applications, visa applications in general are facing additional scrutiny.

“We are also seeing enhanced screening that is applied to all visa holders and then specific advanced screening that is now being applied to positions that require a CDL license,” Hollay says. “And some of that additional enhanced screening is bleeding over into other driving positions.”

Hollay says that the Department of Labor has specific public guidance on the enhanced screening for CDL positions, but there have been some issues still at the consulate level.

“The challenge that we have seen is that there is some, we think, confusion over how that enhanced screening and who that enhanced screening is supposed to be applied to, and so that is definitely contributing to the delays,” he says.

Ball says he’s heard reports that consulate staff handles the basic English proficiency test differently, which is a test that all H-2A applicants seeking CDL employment must pass.

“We have one client that wants us to recruit like 180 drivers, and we’ve only been able to recruit half that many predominantly because of the English proficiency,” he says. “We’ve seen a really uneven application of this, of the consulate’s process. It’s new, and people aren’t really trained on what they’re supposed to do, and [for] some of them it’s really easy to get guys through, and others have said, ‘No, you can’t pass it.’ They’re freezing workers.”

Digitization Growing Pains

Ball says these delays may be due to reduced staffing at the consulate level, though that’s purely speculative. He encourages growers to take to heart how receptive the Department of Labor has been to reports of these delays. He says industry organizations and congressional representatives have continued to push for continued improvements.

“I would continue to push on the industry to talk to your congressman, talk to your senator,” he says. “Make noise that that, ‘This is impacting my business negatively because the State Department is behind in processing.’ Because if some congressman or senator is calling the secretary of ag or they’re calling the State Department and trying to get all the way to Secretary [Marco] Rubio or whoever they can get to and say, ‘This has got to get fixed,’ ... that does help.”

And Hollay encourages growers not to be disheartened by reports of slowdowns and delays in visa processing. He says the improvements that have been made to the H-2A program in the last 12 months have been significant.

“It is getting to a better place and a better working manner,” he says. “The agency is working to digitize the program, which the industry has long sought, but we knew there would be some bugs in that process, so we’re generally glad that they are working to do that.”

Hollay says it’s also worth noting how the Department of Labor has taken a holistic approach to the program, adding that the administration wants to see this program work for growers.

“Farmers are turning to it because they have no other options, and so they need to know what they’re going in for, and they need to understand how the industry is working with the administration to improve that experience,” he says. “I think people want to see it succeed, and so we’re hopeful that we’re getting there. But if you’re a user, you want to make sure that you’re entering a program that you know can work, and so the fact that people are paying attention to it and not just letting it sit idle, I think, is critical.”

And the administration also sees the critical role that the H-2A program plays in domestic production.

“What I think is critical for us to look at is that I think this administration, maybe for the first time, is recognizing the important role that the H-2A program plays in our food security,” he says. “And if we’re going to grow food in here, in America, just look at the trend of H-2A usage; it’s going to be mostly on the back of these workers who are growing our fruits and vegetables.”

NCAE to Host Webinar on the H-2A Interim Final Rule

Fri, 20 Mar 2026 20:44:38 GMT

The National Council of Agricultural Employers says the first installment of its annual educational webinar series will distill the Department of Labor’s interim final rule related to the H-2A program into practical insights, equipping agricultural employers to navigate compliance effectively, efficiently and economically.

“From Paper to Practice: Engaging the IFR for Ag Employers” is scheduled for Thursday, April 2, from 1-2 p.m. Eastern. Ruben Lugo and Jeanne Malitz are set to lead the webinar, which will be moderated by NCAE President and CEO John Hollay.

Lugo is the owner and lead consultant of Impact Ag Labor LLC, where he provides coaching, training and compliance guidance to agricultural employers with an emphasis on the H-2A program. Malitz is the principal of MalitzLaw Inc., a boutique law firm specializing in employment-based immigration matters.

“Ruben and Jeanne will breathe life into the Department of Labor’s interim final rule so that agricultural employers using the H-2A program can best engage with a regulation slated to save the agricultural sector $17 billion over the next 10 years,” Hollay says. “As agricultural communities nationwide embark on a busy season, it is imperative that they have the insights and resources they need, particularly as they navigate the program through the new regulatory matrix.”

Attendees will also have the opportunity for a Q&A following the presentation of the webinar. Participants will be eligible to receive one professional development credit from the Society for Human Resource Management upon completion of the webinar.

Register and learn more here: ncaeonline.org/resources/webinars .

EFI Offers Toolkit to Help Industry Celebrate National Farmworker Awareness Week

Thu, 12 Mar 2026 19:38:16 GMT

The Equitable Food Initiative, the workforce development and certification organization that partners with growers, farmworkers, retailers and consumer groups, says it offers free and impactful tools in its communications toolkit to help the agricultural community recognize and celebrate National Farmworker Awareness Week.

Observed the last week of March annually and culminating on Cesar Chavez’s birthday (March 31), Farmworker Awareness Week honors the essential contributions of the men and women whose skill, dedication and hard work keep the food supply chain moving. From planting and harvesting to packing and shipping, farmworkers bring deep knowledge, technical expertise and pride to their jobs every day.

“Farmworker Awareness Week is an important reminder to pause and recognize the highly skilled, physically demanding work that farmworkers perform every day to bring healthy and nutritious food to our tables,” says LeAnne Ruzzamenti, EFI director of marketing and communications. “Our toolkit is designed to help companies and communities celebrate their employees and community members and to share worker stories that educate consumers about the expertise and dedication behind their food.”

EFI says its comprehensive toolkit makes it easy for companies, retailers, industry organizations, educators and community leaders to show appreciation and raise awareness.

The toolkit, which is available at equitablefood.org/toolkit , includes:

Social media graphics, sample posts and videos to share.
Printable posters, fact sheets and infographics for offices, stores and workplaces.
A sample proclamation to share with local and state officials.
A children’s coloring page.
Ideas for hosting events or internal celebrations for the week.

EFI says all materials in the toolkit are customizable and free to download.

“We hope that this special week is just the start for our industry to shine a light on the expertise, resilience and professionalism that workers offer throughout the year,” says Alexandra Martinez, EFI senior digital marketing and sales associate, emphasizing the importance of industrywide participation. “To encourage that, EFI provides resources and reminders to highlight our essential workers with ongoing initiatives like #FarmworkerFriday and other digital toolkits.”

EFI encourages growers, retailers, brands, allied organizations and consumers to download the toolkit and incorporate its resources into newsletters, in-store promotions, team meetings, classroom activities and community events. By amplifying appreciation and awareness during Farmworker Awareness Week, the industry can collectively highlight the people whose hard work sustains our food system year-round.

Cultivating a Modern Workforce: How Ag Operations Can Become ‘Employers of Choice’

Wed, 11 Mar 2026 21:50:50 GMT

WESTMINSTER, Colo. — In today’s highly competitive ag labor market, attracting and retaining talent has never been more challenging. At the recent Colorado Fruit and Vegetable Growers Association Annual Conference, Teresa McQueen, corporate counsel for Western Growers Association, shared best practices for reducing turnover, elevating company culture and becoming an employer of choice.

McQueen defines an “employer of choice” as an organization that can say, “People choose to work here, choose to stay here and would recommend us because our day-to-day experiences match our promises.”

To understand the full value of being an employer of choice, it’s important to look at how the ag workplace has evolved. For one, McQueen says increased competition for a limited pool of reliable workers has created less tolerance for uncertainty.

“Historically, farms and ranches have operated on a more informal system, and that worked great when workers stayed around for years ... and those operational, procedural things — your company culture — were passed down informally, because ‘It’s just the way that we do things here,’ which was great when people stayed around for years and before things got really complicated,” she says. “It just doesn’t work in a modern workforce. In a modern workforce, uncertainty in employees creates turnover.”

The system of informality, in which employers rely on their employees to communicate expectations and policies, results in both uncertainty and informal decisions becoming expectations, McQueen says. “And that’s how your operations kind of get away from you.”

Another major morale killer rooted in the old way is the “we’ve always done it this way” mindset, McQueen says.

“It’s frustrating and demoralizing for employees, and it would be frustrating for all of you,” she says. “I’m sure if you came up with a great idea, an innovative way to do something, and you were told repeatedly, ‘Wow, this is a really great idea, but we’ve always done it this way,’” that mindset sends a message to employees that there’s no room for collaboration or inspiration.

Clarity, Consistency and Trust: The Path to Employer of Choice

Clarity in your purpose, consistency in your practices, trust and stability are a competitive advantage and the principal goals in becoming an employer of choice, McQueen says.

“When you have trust with your employees, they feel the work environment is stable,” she says.

Being an employer of choice is not only about being a place where people want to work but also a place employees refer others to work as well, says McQueen, who adds that reputations — good and bad — spread quickly among crews and communities. A bad reputation can fuel turnover and erode employer trust rapidly.

McQueen sees many benefits to being an employer of trust from low turnover to “fewer no-shows at critical moments in your operations.” Higher quality and consistency and “things being done right the first time, not the third time” also result in a stronger pipeline.

“Your operations already run on consistency from equipment maintenance, feeding routines, harvest timing, safety procedures — consistency with people management is exactly the same thing,” McQueen says.

At the recent Colorado Fruit and Vegetable Growers Association Annual Conference, Teresa McQueen, corporate counsel for Western Growers Association, shared best practices for reducing turnover, elevating company culture and becoming an employer of choice.

(Photo: Jennifer Strailey)

Successful Supervision

Supervisor consistency is critical. Every supervisor across locations and crews needs to coach, and not push, with consistency, says McQueen. All employees must be treated the same and with respect whether they are domestic or H-2A workers.

“Make sure that you’re training your supervisors because they’re the key for a lot of us,” says McQueen, adding that people don’t leave companies; they leave bad managers.

“Supervisors are also key when it comes to risk,” says McQueen, so be sure to have a system and train supervisors to listen for the “red-flag issues.”

McQueen also advises employers to limit who can terminate or send workers home and to ensure supervisors understand they are not responsible for making big decisions like whether harassment or discrimination has occurred. Their role is to assure the employee that they will take the matter to the appropriate decision-maker immediately, says McQueen, who emphasizes that critical situations must be addressed in a timely manner.

“Because if a supervisor thinks that those particular types of decisions, which are huge risk factors for an employer, if they feel that’s within their power, you are going to have inconsistency because they’re using their personal judgment, which isn’t always what you want,” she says. “You want those decisions made from an organizational standpoint. How will we as an organization want to manage this risk?”

The bottom line is consistency every time, says McQueen.

“You want to make sure that everyone knows exactly what they’re supposed to do, and they’re doing it the same way each and every time,” she says. “Consistency leads to making fewer mistakes and creating a safe work environment.”

Define Your Employee Value Proposition: The Promise You Can Keep

1. We start on time, and you know your schedule.
2. We explain pay clearly and fix issues fast.
3. We promote crew leaders from within and train you to get there.
4. Our housing/transport rules are clear, consistent and respectful.

Documentation is another critical component of consistency.

“Recordkeeping is huge,” she says. “It legally protects you. It also builds trust operationally with your employees. It’s one of the ways that you build trust, because you’re documenting things. You know what’s being done consistently, and you can show what’s being done consistently.”

Consistency with pay practice — another big risk zone — is also key. Whether it’s piece rate, minimum wage or overtime, this is one of the places you want to make sure you’re doing it correctly and you’re in compliance with state and federal laws, she says.

Ensure simple, consistent timekeeping is being used by every person who’s responsible, she says, and create a one-page pay policy sheet in English and whatever the second-most predominant language is among the crew.

Employers of choice offer:

Consistent pay practices.
Compliant hiring practices.
A safe working environment.
Rapid response to issues involving harassment, discrimination, retaliation.

Why They Stay Interviews

Retention is decided in the first seven days on the job, says McQueen. While many employers conduct exit interviews with employees when they decide to leave, far fewer conduct “stay interviews” with engaged employees in the company. These interviews can provide insights into what’s working and where improvements can be made that can aid with retention of new employees.

She recommends conducting 10-minute, five-question stay interviews once per season.

Stay interview questions:

What’s working well?
What’s making your job harder than it needs to be?
What would cause you to leave?
How is your supervisor doing?
What’s one change you would make this week?

What’s Ahead for the Team

Ask yourself this, says McQueen: If an employee left this week, what would they say about your organization? What would they say about you as an employer? What are they telling other people?

“Are you developing [employees] so they can see a path [forward] at a place they want to stay, which is going to aid you in retention, referrals and returns?” McQueen asks.

On the path to becoming an employer of choice, McQueen’s advice is to avoid feeling overwhelmed by the thought that everything needs to be tackled at once, and instead, pick one thing to improve each season.

“Take small steps to create practices that are easily repeatable, and they become the thing that you do; they become your culture,” she says.

McQueen’s 90-Day Employer of Choice Plan

Weeks 1-2 — Quick compliance and process audit (pay, timekeeping, hiring, safety)
Weeks 3-4 — Train supervisors on consistency, retaliation awareness, documentation
Weeks 5-6 — Launch first seven-days onboarding checklist and buddy system (who new employees can go to for help)
Weeks 7-8 — Publish an employee value proposition and a “How Pay Works Here” one-pager with translations
Weeks 9-10 — Start a scorecard and run stay interviews for your highest-risk crews

New Farmworker Consultant Program Redefines the Specialized Labor Market

Wed, 25 Feb 2026 23:01:46 GMT

Semillero de Ideas recently launched the first-of-its-kind consultant program with the Washington State Tree Fruit Association in which trained farmworker consultants can work directly with the state’s tree fruit growers.

Erik Nicholson, executive director of Semillero de Ideas — an organization that trains farmworkers as consultants to help in process improvement, safety and efficiency — says this program is a recognition of the wealth of knowledge farmworkers bring, both from working in the fields and from working in farming families.

“When one talks to workers and creates a safe space, you learn just the amazing insights they have about what could or should be happening that could both enhance the dignity of work and support growers to be more productive, more efficient, safer and have higher food safety protocols,” Nicholson says. “Unfortunately, the culture of our industry has been such that it is rarely, if ever, brought into the productive process, recognized and rewarded.”

This partnership will dispatch workers to help provide ground-level knowledge. The Equitable Food Initiative developed and led a multiweek training that the farmworker consultants successfully completed.

Genaro Pavel Garcia and Josue Damian Granados are two of the first consultants to be a part of this program.

A Manufacturing Model for the Orchard

Jon DeVaney, president of the Washington State Tree Fruit Association, says this is like in other industries where consultants can offer advice on process improvements, development of tools or other internal changes.

“With such a highly mobile workforce, some farms might be reluctant to try to bring a whole crew in to have that conversation,” he says, highlighting the value of having experienced farmworkers who know how to do harvest work or other functions provide input on process improvements.

Nicholson says the program does not seek to displace or replace the consultants working in the industry but rather to bring a different perspective.

“From my perspective, the most knowledgeable people in our industry are those actually doing work,” he says.

Nicholson says many of the processes used in agriculture today haven’t changed that much, and these consultants offer a real opportunity to create true improvements.

“In other industries, we talk about a culture of continuous improvement and someone that creates more value needs to be paid for it, and farmworkers are just as capitalistic as everybody else,” he says. “I think that’s kind of the opportunity we have. How do we invest more in the workforce? We have to create more value for everybody.”

Investing in Human Capital

Nicholson says the consultant program also provides a true career ladder, which has been lacking in the horticulture industry.

“Every worker who works in specialty ag has some trick up their sleeve about how to do things better, faster,” he says. “The challenge and the opportunity are: How do we invite folks to share that, how do we compensate them for that and how do we recognize and reward them for that?”

Nicholson says this is also an opportunity to create small changes with big impacts in the industry through productivity and efficiency. He adds that while organizational design literature promotes the idea of investing in the workforce to get desired results, the agriculture industry often falls short.

“Imagine if we apply that same logic to horticulture,” he says. “‘We’re going to invest as little as possible in the field. We’re going to cut back in fertilizer. We’re going to irrigate as little as possible. We’re not going to go high-density. We’re going to do this as cheaply as possible.’ It’s a necessary proposition, but that’s exactly what we’re doing with labor.”

Precision Approach to Productivity

DeVaney says this is a new model for the horticulture industry, though he sees the potential for these consultants.

“It’s just not something that every farm has done in the past,” he says. “It is something that’s been more common in the manufacturing and corporate environment. I think this is a longer-term project, but it’s one I think that provides a lot of good opportunities to recognize the expertise of some of these workers.”

Growers have been open to the idea, DeVaney says, though it’s not necessarily something they will seek out immediately and will likely use as a resource as problems arise throughout the growing season.

“Most people in agriculture don’t go looking for money to spend,” he says. “They address problems as they come up and as he feels necessary to do so. So, I suspect that what will happen is people will take on board the fact that this opportunity exists and will be thinking about it, and as they note problems or something that has been a longtime irritant, they’ll say, ‘Maybe that’s something I could have go through this process and see if I can get it fixed.’”

But DeVaney says the consultant program offered through Semillero de Ideas is more indicative of the current and future of the fresh produce industry, where efficiency becomes increasingly important.

“It is also representative of the transition going on in the industry, where ongoing labor shortages have more and more growers thinking in terms of productivity per worker and efficiency and how to maximize the effectiveness of your individual workforce, because adding more people becomes just physically more difficult and more costly over time,” he says. “So, the shift toward maximizing productivity through having technological assists or having process improvements — that focus is one that will take time to fully implement, but it shows that the industry does continue, as a whole, to innovate in response to pressures.”

Why You Should Nominate a Frontline Hero for Farmworker of the Year

Mon, 23 Feb 2026 21:00:24 GMT

“Farmworkers are the backbone of the agricultural industry,” says Alexandra Martinez, senior digital marketing and sales associate with the Equitable Food Initiative.

Martinez joined “The Packer Podcast” for a special episode to highlight EFI and The Packer’s third annual Farmworker of the Year Award. The nomination period closes Friday, Feb. 27.

Martinez says while many awards highlight suppliers, retailers and marketers, EFI saw a real need to celebrate farmworkers.

“The journey of fresh produce — of the fruits and vegetables that we have on our tables — not only starts with farmworkers, but it also depends on their specialized skills, knowledge and labor,” she says. “We wanted to give them the space to be recognized, to be cheered and to learn more about their stories, their passions, their knowledge and even their careers.”

Every worker nominated will get a certificate and recognition. Martinez says in previous years, companies of these workers have made it a point to celebrate the recognition. Past winners often comment about the teamwork it takes on the farm and also mention the importance of their colleagues, bosses and families. She says most are just thankful to be recognized.

“It’s just really sweet to see how thankful they are for everything,” Martinez adds.

What Makes a Good Nomination?

Anyone in the fresh produce industry can nominate a farmworker throughout North America, Central America, South America and the Caribbean. Workers must be in the same role for two years or more.

Information is also available in Spanish and English at equitablefood.org/fwoy .

Martinez says any details provided can help paint a picture of why a farmworker is deserving of the award.

“Don’t be shy about writing a super-long nomination, because that’s really what we want,” she says. “We want a lot of details about skills that they have learned, milestones at work. … Those little details are the ones that are key for those final decisions.”

She says there are examples of past nominations that EFI earmarked as being particularly descriptive and helpful.

“We had some examples with some of the farmworkers who volunteered to teach co-workers how to drive or learn a third or second language,” she says. “And those are the skills we want to know, because that allows us to understand a little more, not only the environment where they are working but also to see a little more about the kind of person they are.”

As far as the nomination process, Martinez says it’s fairly straightforward with a few questions to answer. One key part of the nomination is to include a photo, as EFI will celebrate all nominees.

“Even if they don’t win or even if they are not the finalists, they’re going to be highlighted through social media with #FarmWorkerFriday,” Martinez says. “We’re always finding ways to highlight the people, the farmworkers, the frontline workers and people at your organization.”

Even if someone at a farm isn’t the one responsible for submitting a nomination, Martinez encourages everyone to spread the word to make sure those who can nominate someone do.

“This is the third year, and we want to keep doing that next year,” she says. “We really need your support, your nominations. We’re really looking forward to seeing who’s going to be the winner this year.”

Has Ag Labor Finally Achieved a Market Wage?

Fri, 20 Feb 2026 13:19:35 GMT

Ahead of the National Watermelon Association’s Annual Meeting and Convention in St. Pete Beach, Fla., Feb. 18-21, The Packer spoke with attorney Shawn Packer, a panelist on the keynote session, “Agriculture Labor — Policy, Compliance and Innovation.” Packer is set to share how regulatory changes are affecting ag labor, compliance requirements and operational risks.

With the H-2A Adverse Effect Wage Rate interim final rule published in October this past year and USDA’s suspension of the Farm Labor Survey, from which the AEWR was previously calculated, Packer says there’s a lot in flux, but there’s also reason for optimism.

“At the end of September, USDA published a final notice that they are no longer conducting the Farm Labor Survey, which, for decades, has been the primary mechanism to determine wages,” he says. “And that left a bit of a black hole situation.”

Then a court case in Louisiana resulted in AEWR reverting to a 2010 rule that defined the AEWR as field and livestock workers’ combined gross hourly wage, the prevailing wage or a collective bargaining wage; if none of those things are available, then it goes to the federal, state or local minimum wage, Packer explains.

“Our new AEWRs would have been whatever the applicable federal, local or state minimum wage was, but DOL [Department of Labor] wanted to make sure that there was some kind of wage there other than the federal minimum,” he says. “So, DOL scrambled and took what was, in my opinion, going to be an NPRM [Notice of Proposed Rulemaking], and they published it as an IFR, an interim final rule, which allows it to go into immediate effect and replace the regulatory void.”

With the FLS survey out of commission, the administration moved to the Occupational Employment Wage Statistics survey conducted by the Bureau of Labor Statistics, which uses state-level data to set wages for Entry-level 1 and Skill Level 2 Standard Occupational Classification employees.

“What’s interesting about this OEWS survey is that it doesn’t actually survey farms; it surveys farm servicers, so farm labor contractors, manure shredders, crop dusters — those are the people surveyed,” Packer says. “In this rule, they have made a commitment that they’re going to work with USDA to actually survey farms as well to update farm wages.”

Packer says the OEWS survey is massive and is conducted at millions of employers across the country, in all industries.

“It’s reported by BLS traditionally in four levels,” he says. “Level 1 is basically entry-level experience. Level 2 is more experience. Level 3 is even more experienced. Level 4 is highly experienced.

“A general farmworker is considered Level 1 when the amount of experience required is less than three months,” he continues. “So, zero to three months of experience. But if we’re talking about a computer science engineer or something on that level, Level 1 could require two or three years of experience or specific degrees.”

Attorney Shawn Packer discusses moving to a market wage in ag labor.

(Photo courtesy of Shawn Packer)

And here’s where classifying H-2A workers and their rate of pay gets tricky.

Packer says, in general, if a grower needs a general farmworker that requires less than three months of experience to do the job, the grower needs to fill out the paperwork indicating that is the case.

“You can still fill that position with a worker that has 10 years of experience, but what you’re ... saying is, ‘This is the minimum amount of experience that I need for this job. Send me workers with that amount of experience that want to do the job at this time and place.’”

Packer says Level 2 workers are those who are a fit for roles requiring more than three months of experience, have additional certifications or have certain skill sets, such as supervisory experience.

“A Level 2 worker is basically going to come in at what we call the mean, which is the 50% level of the wage stratification,” Packer says. “The mean or middle wage will differ from state to state. That means that some farmworkers are making almost double that and some are making about half of that.”

Wages Based on Primary Duties

Under the previous rule, if an employee did anything that pulled them into a different Standard Occupational Classification code, it could put them and others at a much higher wage rate, Packer says. For example, he explains, if the job description says something about driving an 18-wheeler, the employee would be classified as a heavy tractor trailer driver entitled to receive that position’s wage for the entire job order.

“What you would end up with is a situation where you have 100 farmworkers and 99 of them are in the field all day long picking, and one of them is driving the truck back and forth from the storage facility or market, and everybody would get that higher wage, which on average, is about $27 an hour for that higher truck-driver wage,” he says.

The new rule is weighted under the Fair Labor Standards Act, which is an employee’s primary duties, Packer says.

“If your primary job duty is driving that truck back and forth all day long, well then, yes, you are a truck driver. But if that person’s primary duties are to be in the field with the workers, and occasionally they are going to be driving that truck, then the primary duties are the farmworker duties, and you keep that farmworker wage,” he says. “It’s a complete reversal of the old way, where if any one duty in your job order pulled you into another category, you were getting a higher wage no matter what, even if you only did it 10% of the time.”

Reaching a Market Wage

What the changes to AEWR really mean, says Packer, is a move to a market wage.

“And if you have ever talked with Michael Marsh, the former NCAE [National Council of Agricultural Employers] president and CEO, you’ve probably heard him say 100,000 times: ‘We need to get to a market wage.’

“All of this helps create that market wage in the sense that you can have that Level 1 wage,” Packer continues. “You can pay that wage to your entry-level guys, the guys that are just coming in for the first time, but if you have people that have been there for five, 10 or however many years, you can pay your tenured people a higher wage because there’s no longer a wage ceiling.”

Packer says growers now have the flexibility to create wage structures in their businesses that are more understanding and meaningful for the business to be successful.

State Minimum Wage

Another consideration, Packer says, is your state’s minimum wage. Florida, where the National Watermelon Association is holding its conference, recently changed its minimum wage to $14 an hour.

“The state minimum wage rule is interesting, because we’ve never really had to deal with ‘What is the state minimum wage?’ because the AEWR has always been so much higher than state minimum wage,” he says.

Packer says the other interesting component built into the system is a recognition of all of the additional costs that H-2A employers deal with.

“They have to provide housing and daily transportation to and from work for the workers,” Packer says. “If there’s not convenient cooking facilities, three meals a day, seven days a week must be provided. These are all additional costs they have to provide for.

“So, there was a need to recognize that H-2A employees are getting this elevated compensation, while workers in corresponding employment are driving themselves to work. They have rent. They have to pay for meals and insurance and all of these other things themselves,” he continues. “Effectively, they’re making a significant amount less than the H-2A workers are who are getting all these benefits.”

To recognize the added benefits to H-2A workers, the adverse compensation adjustment was created.

“It’s not a credit. It’s not a deduction. It’s an adjustment to the wage,” Packer says. “Based on Housing and Development’s rental surveys that they do, it’s set for each state at the 50th percentile as to what additional benefits (housing, food, etc.) cost for each hour of work.”

Packer uses California as an example. In California the H-2A wage can be lowered by $3.01. So, if California’s wages are currently $20 an hour, the H-2A worker on their pay stub is going to get a $16.99 per-hour wage instead of the $20 an hour, to account for additional costs, he says.

“The key is you can’t go below the state minimum wage,” he says.

What’s Next?

“These are largely positive changes that we’re excited about,” Packer says. “We’re still in the first couple of contracts since the rule came out at the beginning of October, right after the government shut down, so we’re still learning what all of it’s going to be. But I think most people are genuinely pretty happy about the rule.”

But Packer says there’s also concern, as the interim rule is now being challenged by United Farm Workers in the U.S. Court of Appeals for the Ninth Circuit in California.

“If the Ninth Circuit strikes this rule down, we’re back to a situation where we don’t have the FLS survey, and we’re in a quagmire as to what we’re going to be operating under, if anything at all,” Packer says. “And then, are there going to be back wages that are going to be owed to employers? So, we’re all watching it very closely to see what’s going to happen.

“Outside of the regulatory scope, there’s the legislative scope,” Packer continues. “Chairman GT Thompson of the [House] Ag Committee is committed to putting out a comprehensive ag-related immigration reform bill. We’re not 100% sure what’s going to be in it yet, but from what we’ve been told, they plan on codifying a lot of the changes in the IFR, so that another administration can’t come in and just undo everything. They’re trying to actually codify it in legislative text so it’s fixed in place.”

Packer anticipates that bill will be introduced “very shortly” and is hopeful that it will have some streamlining effects for growers.

“Hopefully it will provide some pathway forward for our current workforce that may or may not be undocumented,” he says.

One significant change will be the inclusion of farmworkers in the new survey, says Packer, who adds that farm labor contractors now make up about 49% of the program.

“So, half the program was never actually being surveyed by the OEW or the FLS survey at USDA, because farm leader contractors weren’t surveyed by the FLS survey, and so this is going to be a better survey when they do incorporate beyond farm servicers,” he explains.

Packer says the change to the survey is expected to be implemented in the 2027 survey.

Economic Survival Replaces Immigration as the Primary Ag Labor Focus in D.C.

Mon, 16 Feb 2026 21:35:30 GMT

The National Council of Agricultural Employers recently held its annual meeting; John Hollay, who recently joined as the organization’s president and CEO following Michael Marsh’s retirement, says there’s a real change in the way ag labor is being viewed in Washington, D.C. While securing the border was a major talking point before, that focus has now shifted from border security to labor stability.

“Legislators are really looking at this issue differently,” Hollay says. “In the past, it has always been an issue of immigration, and now it’s really a conversation about how we get you all the economic tools that you need to ensure that American agriculture can continue to compete and outcompete the world. From all the speakers, both Democrats and Republicans, and from the administration, the message overall was that we understand what you are trying to do to help the food economy, and we want to make sure that you have the tools that you need to do that.”

He says that it’s also being seen by legislators as something critically important to their constituents.

“There are a lot of members who are looking at these issues going, ‘I need something to demonstrate to my folks back home that I accomplished something here,’ and it’s viewed as more of an economic benefit, not only to producers, but to rural economies. … So, now the conversation is an economic one, and maybe that’s a more viable one for an election.”

Hollay was also part of a team that met at the White House. While much of that conversation focused on the benefits of an interim final rule (IFR) on the Adverse Effect Wage Rate for growers and its critical role in the food system, Hollay says discussions also touched on a major pain point: the delays those in the H-2A program are seeing through the State Department.

“Growers are having to incur the cost of housing, feeding and protecting the workers while these delays are happening,” he says. “And in some cases, those costs are exceeding millions of dollars for growers. So, to ensure that we actually get the long-term value from the IFR, we need to make sure that it’s actually being implemented in the way that it was envisioned.”

Bipartisan Momentum for H-2A Reform

U.S. Rep. Glenn “GT” Thompson, who spoke at the annual meeting, is working on a piece of legislation to reform the H-2A program. While Thompson says the farm bill was his No. 1 priority, ag labor is No. 2.

“I think what he expressed was that he had done the long work in putting together that task force last Congress and putting together the recommendations and then marrying that with some of the actions that he’s seen from the president,” Hollay says. “He really has taken the starring role to move bipartisan agricultural legislation forward, and I think he’s got a path forward to do it. That’s what we’re most encouraged by.”

Hollay says that need for codified H-2A reforms is critical to offer growers predictability in the years ahead.

“People are always begging for, ‘What can I plan for next year? What can I plan for the year after that?’” he says. “That kind of predictability will bring the economic stability and benefit that we’re all seeking.”

Breaking Down Agency Silos

USDA Deputy Secretary Steve Baden also talked about the collaborative environment in which the departments are working together when it comes to the interim final rule. Hollay says representatives from the Department of Labor, the State Department and the Small Business Administration also spoke at the event.

“All of the comments revolved not only around their specific piece of H-2A and what they can do to make the user experience better with it, but about how they are coordinating together to ensure that you don’t find success at the Department of Labor, the Department of Homeland Security and then run into a wall at the Department of State. That will be an ongoing conversation, but the fact that they’re thinking about it the way we are ... was certainly encouraging.”

Hollay says during his time working in D.C. on ag labor, he’s never seen the departments approach the topic with a collaborative mindset.

“This just doesn’t happen on this issue,” he says. “It does in other spaces. I’ve heard stories, wonderful rumors about it, but it hasn’t necessarily happened here. So, to see it be a priority for the administration, not just something that they felt they had to do but something they wanted to do, is so encouraging.”

Addressing Year-Round Gap and Costly Delays

Also of importance is the conversation surrounding the expansion of the H-2A program into dairy, mushrooms, controlled environment agriculture — industries with year-round production that are unable to access the seasonal guest worker program.

“I think everyone is starting to realize why there is a benefit to having those. Industries in the solution from a political standpoint as well as from just an actual benefit to that portion of the industry,” Hollay says. ”I think the more we in agriculture stop siloing ourselves off into what is our individual commodities’ challenge, the more successful we’re going to be. Those kinds of issues, those kinds of divisions, have torn us down in the past, and the way that the conversation went, the way it was received afterwards, was really encouraging to think maybe again, we’ve turned a corner here.”

Hollay says expanding the H-2A guest worker program will also help resolve fears that might surround immigration enforcement.

“Let’s give our folks legal options,” he says. “We’re starting to realize that doesn’t just mean me; it means my neighbor too, and they might be farming something different.”

It’s Time to Break Up with the Bad Employee

Fri, 13 Feb 2026 20:37:32 GMT

Having the right employees on your team is essential to keeping the farm running smoothly. Yet in many cases, workers are hired to fill an urgent labor gap and aren’t given the training or resources they need to succeed. When that happens, even well‑intentioned employees may struggle to fit the role or the team—ultimately leading to a labor “breakup.”

Jorge Delgado, a training and talent development specialist with Alltech, says the reluctance to address these situations is often emotional and more costly than managers realize. In a recent conversation, he compared it to staying in a romantic relationship long after it is clear it is not working.

Why Do Farms Struggle to Let Go?

For many farm owners, the biggest barrier to firing a poor-fit employee is fear.

“One fear that many farmers have is that they are not going to be able to find another employee to replace the person they are letting go,” Delgado explains.

This fear intensifies in specialized roles where skills are harder to find.

“This can especially be true for middle management positions,” Delgado adds. “These are more technical positions, and it can be really hard to find people to fill that role. Sometimes, that makes management hesitate to get rid of that person, even though it’s hurting production and numbers at the farm.”

Family and social ties on the farm add another complication. Delgado says it’s not uncommon for employees to be related, or tightly connected, to others on the crew.

“Sometimes these guys, they have family involved,” he adds. “The owners or managers are afraid that if they let go of oner person, these guys will take their family or friends with them.”

The result is a kind of emotional hostage situation. Even when the employee clearly doesn’t fit the culture or role, management feels stuck, hoping the situation will somehow improve on its own.

Have Clear Expectations

Many employee challenges on farms can be traced back to what did or did not happen on the first day of work. Delgado says problems often begin long before performance issues show up, simply because expectations were never clearly laid out.

“You have to have rules and regulations really clear and established on a far,” Delgado says. “Most of the farmers hire people on the spot, get them trained and get them going. These people don’t necessarily go through a formal onboarding process where they go through the expectations, the rules and regulations, and so they don’t know anything about it.”

When those expectations are never clearly explained, performance conversations and eventual terminations can feel unfair on both sides. Employees feel blindsided, and managers feel frustrated. In many cases, the breakdown started on the first day the employee walked onto the farm.

He also stresses the value of doing basic reference checks before hiring, an often-skipped step in agriculture.

“Sometimes we just hire the individual that is right at the door, and we don’t do any research,” Delgado says. “But that research can be an early sign that this individual is not the right fit for my culture.”

The Three-Strike Approach

Before any tough decision is made, farmers need a clear framework for addressing performance issues. Delgado recommends a structured, professional process—one that gives employees fair warning while protecting the farm.

He suggests a simple three-strike policy:

Verbal warning - Delgado stresses that this first step should be a clear, calm and deliberate conversation. The manager needs to sit down with the employee and explain exactly what behavior or performance issue needs to change, why it matters to the operation and what improvement looks like.

He encourages farmers to avoid vague statements like “you need to do better” and instead focus on specific, measurable expectations. The employee should leave the conversation knowing precisely what needs to change and the timeframe to correct it.

Written warning - If the issue continues after the verbal warning, Delgado says it is time to move to formal documentation. This step should be more structured and intentional, signaling to the employee that the concern is serious and must be addressed.

“You need to sit down with the person and explain what’s going on,” Delgado says. “It becomes more structuralized, because the person and both parties should sign a document saying, ‘Look, this is the second time you did this, and these are going to be the consequences if you do it for the third time.’”

Termination -If the behavior does not change after verbal and written warnings, Delgado says it is time to part ways. By this point, the employee has been given clear expectations, opportunities to improve, and formal notice that the issue is serious.

Delgado encourages farmers to handle this step professionally and directly. The conversation should be private, respectful and brief. The manager should clearly state that the employee is being let go, reference the previous warnings, and avoid turning the meeting into a debate or long explanation.

Watch for Red Flags

Every farm has its own internal culture. Employees work closely together, talk with one another and often recognize problems long before management does.

“In this small circle, things travel fast, especially trouble,” Delgado says. “When there is a person who is not behaving properly or doing something wrong, the team will try to get rid of this person. And the first sign is they will communicate with management.”

Delgado adds that the mistake many managers make is brushing off those early comments or complaints. When multiple employees start raising concerns about the same person, it is often an early warning sign that something is not working and needs attention before it affects the whole crew.

“Many times, the managers avoid these signs,” Delgado say. “They think, ‘Just let it go. Everything’s fine. We’ll take care of this later’ and they totally avoid the problem. By the time they realize it is a big issue, it’s too late.”

Common red flags include chronic lateness, cutting corners, skipping protocols and poor communication. These patterns aren’t only unprofessional, but they can create extra work and frustration for the dependable employees.

“At some point you have to say, ‘What’s going on here?’” Delgado notes. “Don’t ignore the red flags and sweep them under the rug.”

When You Have to Fire on the Spot

Not every situation needs to follow a step-by-step process. Sometimes, inappropriate behavior or actions require immediate dismissal.

“Sometimes you have to get rid of somebody on the spot,” Delgado says. “For example, someone mistreating animals, damaging equipment, mistreating coworkers, stealing or causing serious disruption needs to be let go of immediately. When behavior like drugs, alcohol, sexual harassment or anything else begins to change the culture and environment of the farm, there are no second chances.”

In these cases, keeping the wrong person sends the wrong message to the rest of the team. It makes it look like serious issues can be overlooked or tolerated. It creates frustration for employees who follow the rules, do their jobs well and expect the same standards from others.

Check In, Listen and Make Employees Feel Valued

Preventing tough breakups with employees starts well before any termination talk. Regular check-ins—both formal and informal—can catch small issues before they grow into major problems.

“Formal reviews need to be mandatory,” Delgado says. “But they often aren’t regular. Also, survey your culture. Anonymous surveys usually get people to speak up, and you’ll learn a lot about the reality of your team and the culture.”

One simple question he likes to ask employees is: Would you recommend a friend or family member to work here?

“If the answer is no, something is off,” he adds. “You need to fix that now rather than dealing with the fallout later and having to let too many people go.”

Beyond systems and surveys, many farm employees simply don’t feel valued.

“Ask an employee what their role is, and they often say, ‘I just do ‘fill in the blank’” Delgado says. “They don’t see the big picture, and it’s our job to make them feel relevant.”

That means communicating mission, purpose and appreciation—much like in a healthy marriage.

“If you aren’t telling your spouse you appreciate them, you can’t be surprised when the relationship fails if you only point out the negatives,” he adds

Breaking Up the Right Way

Running a farm isn’t just about managing equipment, crops and livestock. It also means managing people. And while you can’t control every employee’s choice, you can:

Set clear expectations from day one
Document verbal and written warnings
Pay attention to the “inner community” of employees
Use reviews and surveys to monitor morale and culture
Communicate how valuable and relevant your team members are

And when it becomes clear that someone isn’t a fit, you owe it to your business and your team to act.

How to Protect Your Farm and Your Rights During Federal Inspections

Thu, 05 Feb 2026 05:11:18 GMT

A common theme in Misty Wilson Borkowski’s webinar, “Navigating ICE and DHS Enforcement in the Agricultural Workplace,” was preparation, preparation, preparation.

Borkowski, a partner at Hall Booth Smith, a law firm that specializes in legal counsel to and litigation and regulatory advocacy for farmers and agribusinesses, walked attendees through the nuances of both Department of Labor and Immigration and Customs Enforcement visits to a farm.

The webinar, presented by the National Agricultural Law Center, guided agriculture employers through potential audits and visits as well as the rights employees and employers have in those situations.

Know Who Is At the Gate

Borkowski says farms are often vulnerable to ICE enforcement, with employees working in open fields and housing nearby. However, that doesn’t mean that ICE can immediately have access to the property, she says. While ICE can enter public areas without a warrant, she’s quick to point out that it’s a different story on a grower’s private property.

“They cannot enter into private areas without someone’s consent or without a judicial warrant,” she says. “They cannot force employers to answer questions, and they cannot demand employment-related documents on the spot.”

A key point, though, is to understand there are likely two different scenarios when ICE comes to a farm. The first would be administrative inspections of I-9 documents, which verify an employee’s identity and legal authorization to work in the U.S.

DOL’s Wage and Hour Division could also visit a farm, but that is to enforce minimum wages, child labor laws, overtime issues and enforce compliance with H-2A regulations.

“By virtue of sponsoring H-2A visa workers, you are subjecting yourself to the Department of Labor coming on-site and conducting an inspection,” Borkowski says. “There are limitations on what the Department of Labor can do, but they also have a lot of authority.”

And she clarifies this is when it’s important to understand what agency the government official represents, as those with DOL would need access as part of the H-2A compliance visits.

“That officer, that agent, [with the Department of Labor] can go into the housing because they’re making sure that the H-2A housing is and remains in compliance with those OSHA standards that the employer is subjected to,” she says.

Administrative Versus Judicial Warrants

With administrative inspections, ICE may bring or provide a notice of inspection later. ICE will include a list of documents and information for the employer to provide.

Borkowski says that while those visits are usually even-keeled, she encourages ag employers not to provide that information immediately on the spot, because employers legally have three days to gather the information.

However, it is vital to distinguish these paperwork audits from an enforcement raid. While you have a 72-hour window to produce I-9 folders, a search warrant for the property requires an immediate, though legally limited, response. In the heat of a raid, Borkowski says while an employer might have good intentions in providing information right away to appear cooperative, it’s important to seek legal counsel first.

“Even if the officer is asking for those documents, you are going to have three days to provide those documents,” she says. “What that does is that gives you time to collect your documents, make sure you have everything that is supposed to be provided.”

A lawyer will work with an employer to provide appropriate documents, but only what is asked for and the type of information necessary. Borkowski says this also includes making sure documents that should be shredded from former employees aren’t being retained accidentally.

“Common mistakes that employers may make if they don’t seek legal counsel before they provide the documentation is either overcorrecting or being selective about re-verification and then also panicking and oversharing,” she says. “We want our employers not to do that. And also, you know, by engaging legal counsel in that interaction, you can put a buffer between the employer and ICE. That just has a calming effect for the whole situation to bring that temperature down.”

Training Front-line Staff

Next, Borkowski says it’s important to plan how the team will react if ICE performs an enforcement raid on the farm, and it’s critical for employers to understand their rights. First, employers need to ask, “Who are you?” “Why are you here?” and “Do you have a warrant?”

Employers have a right to review a warrant. Employers also have a right to limit ICE access to private areas. Employers also have the right to remain silent and request a lawyer.

“You can continue to repeat that you are not consenting to anything,” she says. “But you have to know first what your rights are.”

While ICE agents that come to a farm in an enforcement manner could be calm, the agents could also be aggressive and try to push for action and information. The first thing is to ask for a warrant and to check if the warrant is a judicial warrant signed by a judge or if it’s an administrative warrant issued by the Department of Homeland Security.

Borkowski points to a breakdown by the National Immigration Law Center with specifics on the differences between an administrative and a judicial warrant . She says a judicial warrant will be signed by a judge and indicate either a search of a person or items or property. An administrative warrant would be signed by an officer at DHS, but it does not carry the same access as a judicial warrant.

“These administrative warrants, they do not give the officer the right to enter your private area and does not give the officer the right to arrest a specific person, unless that individual is in a public place or if the officer is otherwise permitted to enter into that space,” she says.

Workers, she says, have the right to remain silent. Workers have the right to refuse consent to searches. Workers also have the right to ask for a lawyer and not sign any documents they do not understand. Borkowski points out that while many employees and employers might think it’s a good idea for employees to carry visas and passports while working, she says that could lead to the documents being damaged or lost. Instead, employees could carry a high-quality copy of the H-2A visa.

“Anytime you are faced with someone having a piece of paper that they’re waving around or saying that they have, you have 100% the right — and you should exercise that right — to say, let me see the warrant. I want to review it. I want to read it. I want to see what it is that is being asked of me.”

Protecting Workers and Property

Next, Borkowski says, employers must have a plan in place for what to do if any government agent comes to the farm. This could involve a front office or whoever might naturally have the first line of contact. That person should understand whom to contact within the company, as well as a backup, and there needs to be a discussion of when legal support should be contacted, she explains.

“Let’s have down a written protocol, a written procedure,” she says. “Let’s go through these steps with our front-line staff and train them on how to how to interact, what to do.”

And there could be some physical barriers put up to entry, whether it’s a buzzer system or a key card, so only those authorized have immediate access.

“If it is your private space, then you have every right to protect it,” Borkowski says. “Whether or not you have signage, [it] doesn’t change that. It puts that additional barrier, that additional way of protecting anyone from entering into a space that they should not be in.”

She says businesses in multiple states should also ensure all front-line workers communicate consistently and understand any state-specific laws that could apply.

Then it comes down to practicing this plan. Borkowski says those who would be designated to speak to agents need to rehearse asking for a warrant and understand how to deny consent. This may not necessarily feel natural to those involved, she adds.

“Knowing what your rights are and also second-guessing yourself are just natural, and so the more that you can prepare your people in your sphere, the better everyone is going to be ... when it comes to a point where they have to say, either ‘I’m not authorized or I’m denying you consent,’” she says.

Borkowski says it’s important for employees to stay calm and ask for identification and a warrant. Then, they need to understand the scope of the warrant and what that means in terms of what ICE agents should and should not have access to.

“An ICE officer without a judicial warrant or without your consent should not be entering onto your fields, into your barn, your packing sheds, your warehouses, any offices not open to the public and certainly into your housing,” she says.

Employees designated to interact with any ICE agents need to know and understand what they have to comply with and what they do not.

“If the agent is being aggressive, you have to do whatever you need to, to look at the document and make sure it is one that requires you to comply, and if you do, you comply only with the aspects that are required,” Borkowski says.

If a warrant is to search for somebody, that does not mean the agent can look in the barn or the field. Worker housing is also a private residence, and workers still have Fourth Amendment rights.

Again, she says, this goes back to role-playing within an organization so those designated employees are comfortable responding to the ICE agents in a firm manner.

“Having that individual, having those people on the front line get comfortable with saying, ‘This is above my pay grade. I am not authorized to answer that question. I’m not authorized to give you access to anything. I don’t consent,’” she says.

Borkowski also encourages ag employers to inform and educate all employees on their rights. She suggests employers supply information in the worker’s native language to help them feel more comfortable. And if something does happen on the farm, it’s critical employers communicate with workers, she says.

“You just want to be factual,” she says. “You want to be truthful and honest to them. You want to reassure the workers about their rights, and you want to make sure that they have trusted supervisors that they can contact.”

Don’t encourage employees to run, and don’t ask about their immigration status, she advises. That’s what the workers’ I-9 forms are for.

And then, Borkowski says, in the case where an employee is arrested, document what happens. She says it’s important to understand state laws in terms of what can be recorded, but she also says take notes. Document what you know and see and have employees present also do the same.

“Write down what you observe, but also, if you have other individuals that are part of this, are seeing this, they should also write down what they are observing as well,” she says. “Names, dates, locations, times, and just preserve those records.”

Then communicate with the rest of the employees. Discuss legal options for workers and what the next steps are. This includes contacting an immigration attorney specializing in deportation cases, alerting the family and more.

Plan for follow-up I-9 inspections from ICE. She says just like when DOL makes an H-2A compliance visit, an employer could expect another visit in a couple of years. Borkowski says the same thing will likely happen after an ICE enforcement raid.

The most critical thing an employer can do is have some sort of debrief after an ICE visit, she says. Talk about what worked and what didn’t work.

“You want to address it with your staff and look at: How did everyone react? How did everyone handle this situation? Did we handle it as we had practiced in our practice sessions? ... Is there something we could have done better?” she says.

Know an Exemplary Farmworker? EFI and The Packer Call for Farmworker of the Year Nominations

Tue, 27 Jan 2026 23:56:37 GMT

Equitable Food Initiative , the workforce development and certification organization partnering with growers, farmworkers and retailers, has launched the third annual Farmworker of the Year Award, presented in partnership with fresh produce media company The Packer, part of Farm Journal.

The award, which recognizes farmworkers whose leadership, skills and dedication strengthen the fresh produce industry and agricultural communities, is set to be presented at The Packer’s West Coast Produce Expo , May 27-29 in Palm Desert, Calif. Please note the deadline to nominate a farmworker for this important award is Feb. 27, 2026.

The Farmworker of the Year Award was created to elevate farmworker voices and celebrate individuals whose contributions are essential to the success, safety and sustainability of the food system. Last year’s winner, Rafael Teran Melchor of Stemilt Growers , was honored for his thoughtful mentorship and calm, solutions-oriented approach over his 23-year career.

Exemplifying the dedication, teamwork and humility that earned him the award, Teran Melchor accepted his award, giving thanks to his team.

“Thank you so much to everyone who supports me every day at work to be able to deliver a great product,” he said. “Working in a team makes everything possible.”

Now in its third year, the program continues to grow, drawing nominations from across the produce industry and shining a light on farmworkers who lead by example in their workplaces and beyond.

“Farmworkers bring deep knowledge, responsibility and pride to their work, yet their leadership is too often overlooked,” says Alexandra Martinez, senior digital marketing and sales associate for EFI. “This award is about recognizing the people whose experience and dedication make a real difference every day, while reinforcing the value of farmworkers’ voices across the industry.”

Farmworkers at all levels and across all crops and regions are eligible for nomination. Candidates may be nominated by employers, supervisors, coworkers or industry partners. Nominees are evaluated based on their leadership, commitment to workplace safety and quality, positive influence on their teams and impact within their communities.

The review process is being expanded in 2026 to include a panel of leaders from a range of industry organizations. The 2026 review panel will include:

Jeff Cady, vice president of produce and floral, Tops Friendly Markets
Emily Fragoso, vice president, Mixtec Group
Jane Kuhn, senior director of strategic sourcing and sustainability, Once Upon a Farm
Lori Taylor, founder and CEO, The Produce Moms

In recognition of their leadership and dedication, the Farmworker of the Year will receive a $1,000 cash prize and a crystal award, each finalist will be awarded $500 and a commemorative plaque, and every nominee receives a certificate as an expression of appreciation for their contributions that extend far beyond any single award.

Previous Farmworker of the Year promotions have drawn dozens of nominations from companies, large and small, representing a wide range of roles, regions and years of service. Past honorees have been recognized for mentoring coworkers, improving workplace practices, fostering strong communication, contributing to safer, more engaged teams and the positive impact they’ve had in their communities.

Nominations for the 2026 Farmworker of the Year Award are now open. For more information and to submit a nomination, visit equitablefood.org/fwoy .

How New Wage Rules and Emergency Provisions Could Impact the H-2A Program

Thu, 22 Jan 2026 20:49:55 GMT

The demand for H-2A guest worker visas continues to grow, and it will likely continue to grow, says Richard Keeth, chief operating officer for H-2A provider másLabor. While now is a time when many growers have begun the process of applying for workers, there are a few things he thinks are important to keep in mind.

First, for growers who anticipate there will be a need for workers but think they need to wait to apply for H-2A workers for the 2027 growing season, that’s not the case, he says; the H-2A program has an emergency provision built into it for employers who have not used the program in the last calendar year.

“For anybody who’s thinking, ‘I really need workers this season. My hiring didn’t pan out. I got some new contracts,’ whatever the case may be, they probably assume back to the point on timing that it’s too late for me. It isn’t,” he explains.

Keeth says this emergency provision allows growers to concurrently file with the Department of Labor as late as 45 days before the need.

“That’s not a conversation that needs to wait until November of next year,” Keeth says. “We could talk about it now, and quite literally, at least in H-2A you have that emergency flexibility to actually secure workers within about a month and a half to two months. For anybody who finds themselves maybe in an unforeseen place here in anticipation of spring, it’s not yet too late to talk about getting some of those workers.”

Decoding the Interim Final Rule

As the industry awaits the Labor Department’s final rule that changes how it calculates the Adverse Effect Wage Rate, or AEWR, all H-2A applications filed use the interim final rule — which itself has left a few questions.

First, the timing of the interim final rule announcement happened when many growers were still in harvest and not in a place to use the updates. Then the government shutdown delayed some clarification, but as more growers begin to apply for the upcoming growing season, some bugs have started to percolate.

“As we get to a place where more people are learning [the interim final rule], ... we’re also seeing the challenge of the technological improvements that they’ve made to the process and working through those bugs,” says John Hollay, president and CEO of National Council of Agricultural Employers. “One of the things that we continue to hear — and you see this as members of the Trump administration are going out talking about the [interim final rule], not just DOL, USDA, other agencies as well — they’re talking about the relief that the president delivered. And if it’s not being realized because of bureaucratic snafus and technological hitches, that’s not going to go over well in the ag world.”

The changes from the interim final rule are part of a broader push by the current administration to reform agricultural labor. Hollay says he remains hopeful that those kinks will get ironed out as the volume of applications begins to grow.

“That’s something that all eyes are on,” he says.

Keeth says there’s some concern in how wage rates will be set moving forward. With the USDA ending the Farm Labor Survey, from which the AEWR was calculated, state-level data from the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics will now be used to set wages for both an entry-level Skill Level 1 and an experienced Skill Level 2 Standard Occupational Classification.

“The thought process being, you may have stopped the bleeding, but if I now revisit those wages to do a new survey, they’re still tainted in some way by the old wage methodology,” he says. “There is this question of are those new wages even reflective of market realities, even though they’re a little lower.”

Keeth says there is also concern that wages could continue to rise even without AEWR. For example, a driver on a farm would have much different job from a driver that works in a city or that of a supervisor or a pesticide applicator.

“A chief concern of ours is what occupations are actually being aggregated for those wage averages,” he says. “There are all these other factors that still leave that methodology open, I think, to that echo chamber of increasing wages without some modifications.”

Hollay says while the Department of Labor has taken a proactive approach to explaining how job descriptions might fall, there’s still a disconnect.

“People are thinking through it, but I don’t think, No. 1, it’s resonating with the H-2A applicant, the farmer, the [farm labor contractor], whoever it is,” he says. “I think that there is a breakdown in how [the Standard Occupational Classification codes are] being interpreted by the people who are actually doing the filing.”

Hollay says one agent processing applications might see a job as a Tier 1 position, but another could see it as a Tier 2 job, and that could dramatically affect wages.

Danger of ‘Mixed’ Job Descriptions

Keeth says while it’s a benefit that the interim final rule offers growers flexibility with staggered crossings and start dates within one job order, it’s still critical that growers pay close attention to the structuring of the job order.

“There are both cost-effective and cost-prohibitive reasons why you may want to aggregate or maybe not,” he says. “It all depends on how many workers you have that are similarly employed and the nature of the job.”

Given the way the interim final rule sets up job orders, it’s important that the grower works with someone who understands those nuances and [has] the ability to designate primary and secondary duties, Keeth explains.

“What employers need to think about is, how does that affect your job descriptions?” he says. “What flexibility this year do you have to expand the work the employees are doing under that new wage? We now have that flexibility to say he or she may or may not be doing this, but they do it 2% of the time; 98% of their job is the standard farm work.”

But this also means how the primary and secondary roles play a bigger factor, Keeth says. While primary duties must be performed on at least half of the workdays of the contract, what does that do to a crew member who drives workers to the farm every day?

“All he does is just drive the workers to the farm in the morning. Maybe it’s 10 minutes of his day, but without a time-based threshold, without further clarity around that, is he a chauffeur now?”

And in such a case, Keeth ponders if that changes the aggregation of jobs, because a driver or a pesticide applicator might push up the wages of the entire crew in that job order. This is where a key understanding of the applications of the rules is necessary prior to filing.

“With this new primary, secondary method, as you can imagine, there are unlimited permutations of how you might go about it,” he says. “I think [it’s necessary to have] an understanding of the application of these skills, the duties, sort of a balancing test that goes into which skill level is associated with that application.

“There’s flexibility in terms of the jobs; there are lower wages, but if you don’t work with somebody who has an intimate understanding, not just of the plain text of the rule but [also] the current standard of review that’s actually being used, you might find yourself not able to take full advantage of this,” he adds.

Keeth says he’s seen some growers who want to group multiple duties into one work order only to have the Department of Labor classify the job at a much higher rate. So, the grower is faced with either striking those tasks from the order and being unable to utilize those workers for that task or paying all the workers in that order the same higher rate.

“Really be thoughtful, understand this makeup and this new wage methodology and how they’re analyzing it, because it can be a blessing and a curse, right, depending on how you structure it,” he says.

Fresh apples harvested

(Photo: industrieblick, Adobe Stock)

Bridging the Gap Between Office and Field

Along with ensuring a consistent job order, it’s also important that those practices in the job order are consistent with what goes on in the field, says Rebecca Hause-Schultz, a partner with Fisher Phillips, a law firm that specializes in labor and employment law.

“So, if the DOL does come out and talk to your workers, what they’re seeing written down in your job order is going to be consistent with what folks are experiencing and folks are actually doing out in the field,” she explains.

“I always tell employers when you head into the next year, audit your program to ensure what you think is happening in the office is actually happening out in the field,” she says. “Sometimes you get a rogue supervisor, a rogue foreman not complying with what you think is your policy and practice, so employees are not receiving exactly what you think they are or being told exactly what you think you are.”

Hause-Schultz says training and further audits help ensure practices are in place before the Department of Labor sets foot on the farm.

To that extent, Hause-Schultz says it’s important that employers communicate with employees how an audit or an investigation could play out. Open communication is key to help ease any concerns, she says.

“Make sure that employees understand what your policies and practices are and what you’re going to do in the event of something like that in California, [where] there are a whole bunch of worker protections that employers are obligated to comply with that gives people some relief,” she says.

Processing Bottlenecks and Policy Shifts

Keeth says another question left hanging at the start of this year is the direct impact that staffing levels will have on application processing. Staffing cuts through the Department of Government Efficiency and changes in administration perspectives on agencies can impact the overall processing speed of H-2A visa applications.

While the staff administering these programs are public servants and remain with the agencies throughout different administrations, Keeth says, the administration can influence procedures and protocols that have broad impacts on the H-2A program.

“Have all of this stuff buttoned up; make sure you’re working with someone reputable, be it an agent or attorney,” he says. “It’s a highly litigious program. It’s a program that varies across every state. Each state has its own laws and interpretations that must be navigated before you can get to DOL.”

He adds that staffing-level changes and consular process changes, coupled with increased demand, have the potential to impact the timing of visa processing. Keeth says while the infrastructure at some of the consulates are sophisticated, it’s still thousands of workers who go through the visa application process.

“I had a call with an employer just two days ago whose application has been sitting with a federal agency since Dec. 5, and it’s a grower who needed workers on the 10^th of January,” Keeth says. “He’s had congressional representatives reach out, and this agency has just sat on a perfectly routine application for a month and a half. [There’s also] timing, getting your stuff in early, just so we don’t have to have that really unfortunate call of, even though you did everything right and I did everything right, the government’s just behind.”

Looking Ahead

Hollay says encouraging growers to use the H-2A program to obtain workers has created a need for the program to operate above and beyond where it is today.

It’s still critical that there’s a legislative element to cement the program moving forward, he says, but what he calls the elephant in the room is expanding the opportunity for the H-2A program for nonseasonal agriculture, such as controlled environment agriculture.

“If you are going to continue to force all of agriculture into a legal space, you’ve got to have solutions for them,” he says. “I think the focus is going to be on what that looks like and how do you craft a meaningful program that meets people’s needs.”

And this includes how far the need for H-2A workers goes up the agricultural supply chain, Hollay says.

“We can’t take the buy-off of how the program is working for current users,” he says. “We’ve got to make sure that those who are on the outside looking in have some opportunity to help shape what a program might look like that they get a chance to be part of.”