July 2023 - 31

cost, which are passed along to the farm and ranch
families who may have to employ the FLCs.
The apparent rationale, or lack thereof, for this change
is to ensure that assets are available to compensate
workers in the event the FLC does not pay the workers as
required. We understand that since the initiation of these
regulations in 1987, the DOL has had to liquidate a surety
bond one time to recover funds to pay workers.
You read that correctly - this has happened once in
46 years! No wonder this change, and the enormous
additional cost, was needed.
The second case involves wages required to be paid
under the program, which is critically important to all
agricultural employers, whether they must use the H-2A
program or not. Wage rates impact the wages paid to all
workers and are responsible for pushing America's food
production offshore.
The DOL has misused a survey designed by USDA to
count the number of workers employed in agriculture
for years. NCAE has tried to stop this abuse by
repeatedly petitioning the DOL secretary to stop this
regulatory error. That's one part of the regulation we
are challenging.
The second part we are challenging is perhaps more
egregious. I almost felt sorry for the Justice Department
attorney charged with trying to defend this to the court.
Let me paint you a picture.
A grower has 20 workers: 10 domestic and 10 H-2A
workers. One of the H-2A workers has experience driving
a truck, with a wage of $15 per hour.
All the workers under the job order pull weeds and
harvest crops. The worker with driving experience hops
in the truck and drives it to and from the packing shed for
one hour of each 10-hour day. The new regulation requires
the worker be paid a wage that a driver for Amazon or
Walmart is paid. Let's assume it's $25 per hour.
Here's the head scratching part: The driver is required
to be paid $25 per hour, for the entirety of the contract.
But wait, there's more.
When the driver rejoins the cohort in the field pulling
weeds or harvesting, the 10 domestic workers " become "
truck drivers and are required to be paid $25 per hour
for the whole contract, despite never climbing in the
truck cab.
Unfortunately for America's farm and ranch families,
there is no life jacket that will protect them from this
regulatory tsunami.
These are fights NCAE believes need to be fought.
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July 2023

Table of Contents for the Digital Edition of July 2023

Editor's Letter
Pest Control: The nose knows
Ag Tech: Drone deployment
Cover Story: Keeping it fresh
Irrigation & Water Management: Stressed out
Berries: Pinpoint precision
Plant & Soil Health: What's good for the gooseberry ...
CA Storage: Keeping control
Farm Market & Agritourism: Agreements between growers provide opportunities
CMI
Ag Labor Review
Classifieds
Advertiser Index
July 2023 - 1
July 2023 - 2
July 2023 - 3
July 2023 - Editor's Letter
July 2023 - 5
July 2023 - Pest Control: The nose knows
July 2023 - 7
July 2023 - 8
July 2023 - 9
July 2023 - Ag Tech: Drone deployment
July 2023 - 11
July 2023 - 12
July 2023 - 13
July 2023 - Cover Story: Keeping it fresh
July 2023 - 15
July 2023 - Irrigation & Water Management: Stressed out
July 2023 - 17
July 2023 - Berries: Pinpoint precision
July 2023 - 19
July 2023 - 20
July 2023 - 21
July 2023 - Plant & Soil Health: What's good for the gooseberry ...
July 2023 - 23
July 2023 - CA Storage: Keeping control
July 2023 - 25
July 2023 - Farm Market & Agritourism: Agreements between growers provide opportunities
July 2023 - 27
July 2023 - CMI
July 2023 - 29
July 2023 - Ag Labor Review
July 2023 - 31
July 2023 - Classifieds
July 2023 - 33
July 2023 - Advertiser Index
July 2023 - 35
July 2023 - 36
https://www.nxtbook.com/greatamericanmediaservices/FGN/2025-fruit-nut-growers-buyers-guide
https://www.nxtbook.com/greatamericanmediaservices/FGN/november-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/october-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/september-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/august-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/july-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/june-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/may-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/april-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/march-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/february-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/january-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/december-fgn
https://www.nxtbook.com/greatamericanmediaservices/FGN/fgn-vgn-40-under-40-class-of-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/buyers-guide-2024
https://www.nxtbook.com/greatamericanmediaservices/FGN/november-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/october-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/september-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/august-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/july-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/june-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/may-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/april-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/march-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/february-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/january-2023
https://www.nxtbook.com/greatamericanmediaservices/FGN/december-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/november-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/buyers-guide
https://www.nxtbook.com/greatamericanmediaservices/FGN/october-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/september-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/august-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/july-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/june-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/may-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/april-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/march-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/february-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/buyersguide-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/january-2022
https://www.nxtbook.com/greatamericanmediaservices/FGN/december-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/november-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/october-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/september-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/august-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/july-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/june-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/may-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/april-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/march-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/february-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/buyersguide-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/january-2021
https://www.nxtbook.com/greatamericanmediaservices/FGN/december-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/november-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/october-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/september-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/august-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/july-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/june-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/may-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/april-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/march-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/february-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/buyersguide-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/january-2020
https://www.nxtbook.com/greatamericanmediaservices/FGN/december-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/november-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/october-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/september-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/august-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/july-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/june-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/may-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/april-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/march-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/february-2019
https://www.nxtbook.com/greatamericanmediaservices/FGN/january-2019
https://www.nxtbookmedia.com