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United States to end farm labor survey affecting AEWR

The USDA has announced its intention to discontinue the Farm Labor Survey (FLS), according to a public inspection notice filed in the Federal Register. The notice described the FLS as dated, with origins in the 19th century, and not designed for the current state of agriculture or labor.

The Georgia Fruit and Vegetable Growers Association (GFVGA) welcomed the decision. "We have worked for years to gain a better understanding of the AEWR process that has resulted in massive increases, over 30% in three years for Georgia growers, but the process and resulting increases have remained a frustrating mystery," said Chris Butts, Executive Vice President of GFVGA.

Butts added, "The AEWR increases in Georgia have pushed growers to the brink and have rendered the H-2A program unsustainable. We are grateful to Secretary Rollins and her team at USDA for demonstrating the leadership to bring an end to these unfair wages and to help restore a level playing field for our rural agricultural communities."

The announcement follows another development earlier this week in which a court in Louisiana vacated the Department of Labor's 2023 Adverse Effect Wage Rate (AEWR) Methodology rule. The rule, published on February 28, 2023, based the H-2A program's AEWRs on both the Occupational Employment and Wage Statistics (OEWS) survey and the Farm Labor Survey. It applied permanent, non-agricultural wage data to seasonal agricultural jobs and required wage increases every six months, according to the National Council of Agricultural Employers (NCAE).

Michael Marsh, president of NCAE, said, "The vacating of the rule is great news, and we thank Secretary Chavez-DeRemer for recognizing the unlawful nature of the AEWR rule. This decision brings welcome wage relief to some growers who had been subjected to these 'special' wage rates for routine tasks done on the farm for generations."

The USDA's discontinuation of the FLS and the court's decision on the AEWR methodology are expected to have direct implications for growers relying on the H-2A program, particularly in states such as Georgia, where labor costs have risen sharply in recent years.

For more information:
GFVGA
Tel: +1 706 845 8200
www.gfvga.org

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