February 2021 - 27

AG LABOR REVIEW
If it involves ag labor, it was cited at virtual forum
MICHAEL MARSH
President & CEO
National Council of
Agricultural Employers
Michael@ncaeonline.org
Record-breaking attendance
greeted speakers at the Seventh Annual
Ag Labor Forum held Dec. 2-4. This
year, due to COVID-19 concerns, the
forum was presented in a virtual format
by the National Council of Agricultural
Employers (NCAE).
Participants enthusiastically embraced
the program agenda of provocative,
thoughtful presentations delivered by
leaders in U.S. agriculture, immigration
reform and labor law. Attendees left the
forum with useful new tools and skills
to embrace agricultural labor challenges
that 2021 will deliver.
An insightful discussion was held
regarding the 2020 election with one
of the top agriculture lobbyists in
Washington, D.C. He walked through the
election results, what they might mean for
agriculture and provided an inside look
at the makeup of the 117th Congress. He
also shared what ag might expect from a
Biden administration and cabinet.
The economics of COVID-19 on
America's farms and ranches was
dissected by the nation's leading
agriculture labor economist. He shared
details of what the pandemic has
wrought thus far in terms of business
trends and shared analysis of what to
expect next. Also discussed was the
potential for increased mechanization
of some presently labor-intensive farm
tasks, given the challenges employers
have faced keeping employees safe.
Attendees left the
forum with useful
new tools and skills to
embrace agricultural
labor challenges that
2021 will deliver.
Attorneys guided the audience through
the alphabet soup of labor regulations
and how employers might best protect
themselves and their legacy family
businesses past the legal morass that
noncompliance with sometimes confusing
laws can bring to the operation. Strategies
for keeping anti-farmer activists out of the
family business were also discussed.
New agriculture labor regulation and
legislation developed in California and
Washington (always bellwethers for
the rest of the country) were examined.
Attendees were able to ask questions as
to how they might best keep any bad
agriculture labor ideas promulgated in
those states from finding their way to
others.
Michael Marsh, president and CEO of the Natonal Council of Agricultural Employers, kicks off the 7th Annual Ag Labor Forum held
Dec. 2-4. Photo: Gary Pullano
A panel of thought leaders examined
the possibility for Congressional
action for meaningful agricultural
labor legislation in the new Congress
and what attendees might do to help
advance employer-friendly legislation
through the House and the Senate. The
goals of this exercise was to divine what
opportunities might exist to successfully
attain a presidential signature on
legislation beneficial to ag employers and
ensure the stability of the workforce for
decades to come.
The new Adverse Effect Wage Rule
from the Department of Labor was
dissected by counsel. This effort teased
out not only the details of what employers
should expect, but also looked at how
interpretations of the regulation, presently
the subject of litigation by the United
Farm Workers, might impact jobs on
the farm. Information was also shared
regarding the balance of the rule presently
under review at the White House.
Two educational tracks led by
attorneys, consultants and other
individuals with subject matter expertise,
explored the ins and outs of the federal
H-2A regulations for beginning and
seasoned users of the program. Details
on payroll-related H-2A issues and
regulatory compliance were sorted
out. A deep dive was also done on
public relations strategies in the H-2A
environment.
Government officials from the
Department of Labor Office of Foreign
Labor Certification discussed yet another
milestone being achieved for the number
of positions certified for foreign workers
in FY 2020 despite the pandemic. And
investigators from the Wage & Hour
Division explained how best to protect
the farm and ranch enterprise from
audits and potential costly fines.
The Ministers of Labor from Guatemala
and Honduras " Zoomed " into the
gathering from Guatemala City and
Tegucigalpa to discuss their countries'
recently signed agreements with the
Trump administration relative to H-2A
labor. This was a fascinating discussion
considering both countries' struggles to
recover from recent hurricanes.
NCAE was incredibly happy with
the attendees' enthusiasm for the
program, much of which was eligible
for continuing education credit from
the Society of Human Resource
Management. Participants also
remarked how excited they will be to
attend this year's " Live " event returning
to Las Vegas. VGN
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VGN | FEBRUARY 2021 | 27

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February 2021

Table of Contents for the Digital Edition of February 2021