FOLSOM, Calif., Feb. 4, 2026 –The North American Blueberry Council (NABC), as part of the Ag Labor Reform Coalition, joined over 25 agricultural organizations from across the country in filing an amicus brief in United Farm Workers, et al., v. U.S. Department of Labor, et al., a case currently pending in the U.S. District Court for the Eastern District of California.
The coalition’s brief supports the Adverse Effect Wage Rate (AEWR) methodology rule issued by the U.S. Department of Labor (DOL) in October 2025. The rule modernizes how AEWRs are calculated for the H-2A temporary agricultural worker program.
“Blueberry growers have endured years of rising labor costs and regulatory burdens that have strained family farms and challenged their ability to compete and remain profitable,” said Kasey Cronquist, president of the North American Blueberry Council.
“Between 2021 and 2025, blueberry-producing states saw an average 25% increase in wage rates under the Farm Labor Survey-based AEWR, outpacing the average growth of private-sector wages,” Cronquist continued. “Labor accounts for more than 40% of production costs, pushing many growers to the breakeven point. A 2024 Michigan State University study found that escalating labor costs have left the average grower operating on razor-thin margins, while research from the University of Oregon shows that some growers are turning to machine harvesting simply to remain viable.
“Fair, predictable wages and a more efficient H-2A process provide the stability farmers need to plan, reinvest and sustain their operations,” Cronquist added. “The DOL’s reform of the AEWR methodology is a critical step toward better aligning wage requirements with market realities and preserving the viability of America’s growers.”
The coalition’s brief urges the court to reject the plaintiffs’ request, warning that the lawsuit seeks to block DOL’s rule nationwide and force the agency to abandon its existing wage framework in favor of an undefined new approach. Such an outcome would inject significant uncertainty into agricultural labor markets and disrupt planning for the 2026 growing season.
Many farmers have already been assigned H-2A wage rates for 2026, calculated operating costs, secured financing and begun hiring workers under wage rates approved by DOL. Undoing the rule at this stage would undermine those investments and destabilize farm operations across the country.
The amicus brief identifies two fundamental flaws in the plaintiffs’ request for relief. First, the plaintiffs have failed to establish legal standing. Their claims rely on speculation, as no worker represented by the plaintiffs can demonstrate a concrete, present injury caused by the AEWR methodology adopted by DOL. Second, the challenge fails on the merits. DOL acted within its statutory authority by replacing an unworkable system with a lawful, data-driven methodology that balances worker protections with the realities of agricultural production.
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About NABC
Since 1965, the North American Blueberry Council (NABC) has been the voice of the blueberry industry in the U.S. and Canada. NABC’s members represent approximately 70% of the North American highbush blueberry crop. NABC was instrumental in the establishment of the U.S. Highbush Blueberry Council (USHBC), a federal agriculture research and promotion program with independent oversight from the United States Department of Agriculture (USDA). Learn more at nabcblues.org.
About the H-2A Reform Coalition
The H-2A Reform Coalition was formed by the NC Chamber in 2025 to challenge the status quo surrounding how the Adverse Effect Wage Rate (AEWR) is determined and to advocate for a more appropriate methodology. Informed by independent economic research published by the coalition in 2025, the coalition’s coordinated advocacy efforts have consistently emphasized the need for an approach that continues to meet the statute’s requirement to protect the U.S. workforce, while also allowing agricultural employers to remain competitive in local and global markets.
Coalition Members: Agriculture Workforce Management Association, American Farm Bureau Federation, AmericanHort, Baucom’s Nursery, Georgia Fruit & Vegetable Growers Association, Grower Shipper Association of Central California, International Fresh Produce Association, Metrolina Greenhouses, Michigan Asparagus Association, New York Farm Bureau, North American Blueberry Council, North Carolina Agribusiness Council, North Carolina Chamber, North Carolina Farm Bureau Federation, North Carolina Growers Association, North Carolina Sweetpotato Commission, Northwest Horticultural Council, National Council of Farmer Cooperatives, Texas Farm Bureau, Tobacco Associates, U.S. Apple Association, USA Farmers, Virginia Agricultural Growers Association, Virginia Farm Bureau, Washington State Tree Fruit Association, WAFLA, Western Growers Association