Health insurance claim form. (krisanapong detraphiphat/Getty Images)

WASHINGTON — Two leading Democrats on a U.S. House panel called on the head of an agency within the U.S. Department of Labor responsible for protecting workers’ benefits to take action to address improper health insurance claim denials, in a Tuesday letter provided exclusively to States Newsroom.  

Reps. Bobby Scott of Virginia and Mark DeSaulnier of California — the respective ranking members of the House Committee on Education and Workforce and its Subcommittee on Health, Employment, Labor, and Pensions — offered three recommendations to Daniel Aronowitz. He is the assistant secretary of the DOL’s Employee Benefits Security Administration, or EBSA. 

“Improper claim denials impose substantial health and financial hardships on individuals, leading to delays in necessary treatments, worsened health outcomes, and high out-of-pocket costs,” Scott and DeSaulnier wrote.

“In far too many tragic cases, denials lead to the unnecessary deaths of people who have earned benefits through their plan, but are nonetheless denied the care that could have saved their lives,” they added. 

Improvements called for in collecting data on denials

As head of EBSA, Aronowitz is responsible for administering, regulating and enforcing Title I of the Employee Retirement Income Security Act, or ERISA, which is intended to protect participants’ and their beneficiaries’ interests when it comes to benefit plans under their employers. 

DOL estimated roughly 136 million participants and beneficiaries were covered by approximately 2.6 million ERISA-covered group health plans in 2022.  

As part of their recommendations, Scott and DeSaulnier called on Aronowitz to “implement long-delayed transparency requirements to collect data on health claim denials by insurance companies and group health plans.”

The two suggested building upon Form 5500, ERISA’s annual reporting requirement, to “improve data collection from group health plans.” 

Staffing at agency, Trump budget cuts cited

Scott and DeSaulnier also urged Aronowitz to “commit to fully enforcing the law and to ensuring that EBSA is adequately staffed to fulfill its mission,” pointing to a decline in more than a fifth of the agency’s staff under President Donald Trump’s administration. 

Trump’s fiscal 2026 budget request for DOL also called for $181 million in funding for EBSA, a $10 million proposed cut from the prior fiscal year. 

The Senate Appropriations Committee passed its annual bill to fund DOL, including EBSA, back in July and maintained funding for the program in fiscal 2026 at $191 million. 

The corresponding panel in the House also approved its bill to fund DOL in September, aligning with the administration’s request of cutting funding for EBSA by $10 million in fiscal 2026. 

The Democrats also recommended Aronowitz take steps to “improve consumers’ ability to appeal wrongfully denied health benefits.” 

They encouraged the assistant secretary to consult the Advisory Council on Employee Welfare and Pension Benefit Plans and to “reverse” DOL’s current posture regarding the council. 

Scott and DeSaulnier noted that DOL took several steps to “undermine” the council, including “delaying public release of its report, purging documents such as testimonies from consumer advocates from the Department’s website, and, to date, failing to convene the Council for any of the four statutorily-mandated meetings.” 

The department did not immediately respond to a request for comment Tuesday. 

Military vehicle manufacturer Oshkosh Defense plans to layoff approximately 160 workers early next year, the company announced Wednesday.

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Wisconsin will be short by more than 10,000 nurses in 15 years, according to the state’s Department of Workforce Development. A professor at UW-Oshkosh told WPR’s “Wisconsin Today” one way to address the shortage is to bring more men into the profession.

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A Wisconsin immigration attorney Grant Sovern says the Trump administration's fee for H-1B visas lacks clarity on how to pay and raises legal questions.

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Dairy cows huddle at sunset on a farm in Manitowoc County. Advocates and farmers say an ICE raid that took 24 migrants into custody Sept. 25 poses a threat to the state’s dairy farms and the immigrant workers that keep the industry afloat. (Photo by Andrew Kennard/Wisconsin Examiner)

The morning of Sept. 25, federal agents and immigration authorities swept into Manitowoc to arrest people alleged to be in the country without proper documentation. Agents first went to a Walmart parking lot where dairy workers are known to meet up before driving to the farms where they work. The action then moved on to private residences, where migrants were arrested as they left the house. 

The U.S. Department of Homeland Security claims the ICE raid in Manitowoc was aimed at dismantling an international sex and drug trafficking ring, but has so far provided little evidence to support that claim. Federal authorities initially said 21 migrants had been arrested in the raid, before later saying 24 had been picked up. 

On Tuesday, DHS released the names of six of the 24. Only one individual named in the release has been charged with a sex crime — Jose Hilario Moreno Portillo, who was charged in Manitowoc County court in May with the 2nd degree sexual assault of a child. However, Moreno Portillo has not yet been convicted and court records show he’s been in ICE custody since July. 

ICE did not respond to a request for comment on why Moreno Portillo was named as being arrested in the Manitowoc action when he was already in ICE custody. 

The five other named individuals have been convicted of identity theft, hit-and-run, disorderly conduct, driving under the influence, possession of narcotic equipment, traffic offenses and a failure to appear charge. 

In Wisconsin, immigrants without documentation aren’t able to obtain driver’s licenses, which often causes them to wrack up several criminal traffic offenses when they’re pulled over and ticketed for driving without a license. 

With little proof that ICE actually broke up a ring of sex traffickers, immigration advocates and farm groups see the raid as a direct threat to the state’s dairy farms and the immigrant workers that keep the industry afloat. 

Farmers and immigrant advocates in Wisconsin have been watching ICE’s actions on dairy farms across the country closely. In March, ICE raided a dairy farm and petting zoo in New York. In April, a raid on a dairy farm in Vermont resulted in eight arrests. And in early June, ICE arrested 11 immigrants in a raid on a dairy farm in New Mexico. 

But so far, enforcement against undocumented people on dairy farms had been sporadic and far from the Midwest. In June, President Donald Trump announced and then retreated from guidance that ICE would not aggressively target farms and the hospitality industry. 

While last Thursday’s raid in Manitowoc didn’t take place on a dairy farm, most of the individuals arrested were dairy workers. Beyond that, they were dairy workers in the county with the highest concentration of dairy factory farms in the state. Manitowoc County and its northeast Wisconsin neighbors are the epicenter of the modern farming powerhouse that maintains Wisconsin’s status as “America’s Dairyland.” 

“It’s just sending an economic ripple effect across the dairy industry, which is Wisconsin’s rural economy,” says Luis Velasquez, statewide organizing director for immigrant advocacy group Voces de la Frontera. “And then also there’s the symbolic and political dimension to it as well. We are America’s Dairyland, and so this enforcement is not just an administrative matter, but it threatens the industry’s well being. Who are we going to be after all of this? Are we still going to be America’s Dairyland?”

Velasquez says the raid sent a “big anxiety wave” through immigrant communities across the state. 

“These views have just spiraled out of control in terms of the rumors that have been sent out across the community, rumors of ICE coming into their neighborhoods, to their homes, to their schools,” Velasquez says.  

“I have had serious conversations since the raid in Manitowoc of folks who are planning to leave after many years of being here,” he adds. “They just don’t feel like this is a humane lifestyle anymore. They’ve given many years of their lives, and many of them have children here.” 

Michael Slattery, a Manitowoc County farmer who grows grain and raises Holstein steers, points to data that shows 70% of the labor on Wisconsin’s dairy farms comes from immigrants and estimates that the dairy industry is the driver of 20% of Manitowoc County’s economy. 

Slattery says farmers can’t survive without that migrant labor because no one else is willing to do the work.

“Do you want to get up at 3 a.m. seven days a week to go out in the cold, the heat, to get kicked by cows when you’re putting the suction cups on, to be shat upon, pissed on, pushed around by 1,400 pound cows? People don’t want that,” he says. “I’ve tried to hire part time labor here, I cannot get people, they don’t want to do this sort of stuff.”

Simply expecting farm families to pick up the slack isn’t the answer, he adds.  “These dairy farms, they don’t have enough family members that can come out and replace immigrant labor, both documented and undocumented, that are leaving,” Slattery says. “They’re in a money-losing situation now.” 

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Losing the dairy labor force would have ripple effects across the economy in Wisconsin and the country. 

“What do they do in that situation? If your cows cannot be milked, in two, two and a half weeks they’ll go dry,” he says. “The cows get milk fever, get ill, that’s your cheap hamburger in the stores. They’re selling the cows at a loss, that’s what they’ll do. There’s less milk in the market, that will drive up prices for cheese, milk and butter.”

Danielle Endvick, executive director of the Wisconsin Farmers Union, says if Wisconsin’s immigrant workers leave the state — either from being arrested by ICE or leaving on their own to avoid arrest — farms could close and prices could increase. 

“Immigration raids and mass deportations can shrink rural economies, are terribly destabilizing for communities and can harm schools, churches, just the fabric of our rural communities too,” Endvick says. “Our rural spaces, our farmers can’t thrive if we’re treating a key workforce like they’re disposable. I think that immigrant workers are essential to Wisconsin dairy, and that when they are threatened, farmers in our rural communities are threatened too.”

The November Farm Foundation® Forum, Growing Together: Trends and Transformation in U.S. Agriculture Labor, highlighted some of the findings from a recent multi-day symposium that explored the future of the U.S. agricultural workforce. The symposium, held by Farm Foundation and the Economic Research Service at the U.S. Department of Agriculture, aimed to convene a network of researchers and stakeholders to engage in productive discussions focused on farm labor issues. The primary goal was to strengthen and enhance ongoing farm labor research.

This forum highlighted the critical importance of farm labor to the competitiveness of US agriculture, particularly for labor-intensive commodities like fruits and vegetables. The discussion was moderated by Michael Marsh, president and CEO of the National Council of Agricultural Employers, and featured panelists: Philip Martin Professor Emeritus at the University of California, Davis; Andrew Padovani, senior research associate with JBS International; and Alexandra Hill, assistant professor at the University of California, Berkeley.

The Forum covered a wide range of topics, including wage rates and competition, legislative and regulatory challenges, litigation and legal actions, mechanization and labor alternatives, and economic and demographic trends.

Numerous Issues to Consider

One point brought up was that there has been no significant agricultural labor reform since 1986, making it difficult to address current labor issues. Farmers must also contend with many new regulations, including those related to wage rates and worker protection. The impact of the Adverse Effect Wage Rate and competition with countries like Mexico was also discussed.

One solution to rising labor costs is a push toward mechanization, which brings about its own set of questions around adaptation to this change. In some cases, robotic harvesters are not yet fast enough or inexpensive enough to replace human hand pickers, but the gap may be closing fastest for crops like apples.

The H2-A program was also a large part of the discussion. The use of H-2A workers is increasing, but the program’s costs and regulatory requirements are significant. The anticipated impacts of the incoming administration on the potential for ag labor reform was also briefly discussed during audience question and answer session.

Overall, the Forum underscored the urgent need for comprehensive agricultural labor reform to ensure the sustainability and competitiveness of US agriculture. The discussions highlighted the complex interplay of wage rates, regulatory challenges, and the need for mechanization and alternative labor sources.

The two-hour discussion, including the audience question and answer session, was recorded and is archived on the Farm Foundation website. 

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Farmworkers play an “essential role in keeping food on our tables,” said U.S. Secretary of Agriculture Tom Vilsack during opening remarks at a symposium held September 17-19, 2024, in Santa Cruz, California. The three-day event, “The Changing Landscape of Farm Labor Conditions in the United States: What the Future Holds and How to Prepare for It,” was hosted by U.S. Department of Agriculture’s (USDA) Economic Research Service (ERS) and Farm Foundation. The symposium consisted of a two-day conference plus a one-day farm tour centered around the theme of U.S. agricultural labor conditions, challenges, and solutions. Dr. Jessica Crowe, chief of the Rural Economy Branch at the USDA’s ERS, along with ERS’s farm labor team, organized the event along four key themes: 

1. Trends in the farm labor force—including presentations on worker migration and the H-2A Temporary Agricultural Program
2. Labor costs—including presentations on the effects of H-2A Adverse Effect Wage Rate (AEWR) and overtime laws on farmworkers
3. Farmworker conditions—including presentations on workplace safety; effects of climate change on worker health; workplace harassment
4. Workforce development and technology—trends in training current farmworkers and a new generation to develop, operate, and repair new technologies in the field and lead packing operations

In her opening remarks, ERS Assistant Administrator Kelly Maguire stressed that although critical to the Nation’s food security, “farm work is potentially hazardous and ERS data show that farmworkers receive lower wages when compared with nonsupervisory workers outside of agriculture.” Complicating the issue, both the private and government sector will need to “accelerate adaptation to a changing landscape of farm labor,” said Maguire. This will be necessary for the United States to remain competitive as a producer of labor-intensive commodities like fruit and vegetables, she said.

The symposium’s opening remarks continued with Secretary Vilsack highlighting that “the USDA, Department of Labor, and employers can all play a role in addressing systemic challenges” while emphasizing the importance of building “a system that works for everyone… by creating value and opportunity for employers and farmworkers.”

In his keynote address, Dr. Philip Martin, professor emeritus at the University of California-Davis, outlined three responses to rising farm labor costs: an increase in mechanization, an increase in the number of migrant workers with H-2A visas, and an increase in imported produce. However, questions remain as to the extent machines can lessen labor needs by commodity, the number of workers the U.S. will need in the future and where they will come from, and whether the U.S. can import more fruits and vegetables from Mexico, Central and South America.

Day 1 Overview: Farmworker Well-Being

After opening remarks, the first day’s sessions focused on the changing farm labor force, farmworker wages, workplace safety, and farmworker health. Presenters described the changing demographics of domestic crop workers as one that is aging, increasingly coming from Southern Mexico, and more likely to have at least one chronic health condition. In addition, the number of farmworkers on migrant H-2A visas continues to increase. Several speakers discussed farmworker wages from the perspective of the farmworker and farm owner. Audience members contributed to these discussions by considering how high costs of housing factor into the discussion on wages. With respect to H-2A wages, Dr. Zach Rutledge, assistant professor at Michigan State University, discussed the adverse effect wage rate (AEWR) including how the AEWR is calculated, problems with its calculation, whether the rate is too low or too high, and how changes to the AEWR would affect H-2A and non-H-2A farm wages.

Speakers discussed the impact of farmworkers being excluded from many federal workplace protection laws on farmworker well-being. State laws are patchwork with some states providing more protection for farmworkers than other states. For example, six states have implemented (or are finalizing) heat standards for agricultural workers while three states have regulations in place for wildfire smoke. Despite agricultural workers having fewer workplace protections at the federal level than other occupations, farmworkers are exposed to hazardous conditions including extreme weather, wild animals, hazardous plants, dangerous tools, hazardous chemicals, and poor living conditions. These risks found in the workplace can lead to injuries and illnesses that are often left untreated until the problem becomes severe. Dr. Brenda Berumen assistant professor at Texas State University, described several barriers that farmworkers face to seeking medical treatment including the high cost of care, unpaid sick leave to receive treatment (resulting in lost wages), long travel times to receive certain health services, and a lack of information and resources (including information in their native language).

Day 2 Overview: Technological Innovations, H-2A Visa Program

The sessions on the second day focused on workforce development, technology, and the H-2A visa program. Advances in technological aids in orchards and fields, such as platforms used in apple orchards, can increase labor productivity while reducing injuries associated with previous picking methods. However, adoption rates are slow as the structure and architecture of existing orchards and fields have to adapt to the new technology. In addition, robotics in fields and orchards are continuing to advance, but have a ways to go before the technology is efficient enough to be cost effective. However, patents for artificial intelligence (AI) in agriculture have increased substantially in the past few years. It is yet to be seen how the increase in agricultural AI will impact farm labor.

The H-2A visa program is an increasing source of temporary agricultural labor. Presenters discussed the problems of the program, including scams and illegal fees associated with the recruitment of migrant workers, lack of oversight and accountability for employers who break laws tied to H-2A, and the tethering of farmworkers to employers by visa status. While speakers and audience members debated the impacts of H-2A wages on farmworkers and employers, overall, symposium attendees agreed that H-2A is a significant program that employers increasingly seek out to secure farm labor. Furthermore, attendees agreed that problems exist that can result in exploitation of farmworkers, during recruitment and employment. Dr. Kelly Maguire closed the symposium by thanking those involved who organized the three-day event, including the interpreters, reflecting on what was learned through formal and informal conversations, and encouraging attendees to continue to build on newly formed relationships and to nurture new perspectives and information gained during the symposium.

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This post-event summary of “The Changing Landscape of Farm Labor Conditions in the United States: What the Future Holds and How to Prepare for It” symposium was written by Dr. Jessica Crowe, chief of the Rural Economy Branch in the Resource and Rural Economy Division in the USDA’s Economic Research Service (ERS).

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Although critical to the nation’s food security, farm work is potentially hazardous, farmworkers receive lower wages when compared with nonsupervisory workers outside agriculture, and many hired farm workers lack legal work authorization and access to basic public services. For the United States to remain competitive as a producer of fruit, vegetables, and other labor-intensive commodities both private and government institutions will need to accelerate adaptation to a changing landscape of farm labor.

An upcoming conference on farm labor seeks to strengthen ongoing farm labor research by convening and developing a network of researchers and stakeholders. The Changing Landscape of Farm Labor Conditions in the United States: What the Future Holds and How to Prepare for It conference will take place September 17 to 19, 2024, in Santa Cruz, California.

The conference is presented by the USDA Economic Research Service and Farm Foundation. It will cover four key themes: trends in the farm labor force, including worker migration and the H-2A Temporary Agricultural Program; labor costs, farm worker conditions, and workforce development.

Visit https://farmfoundation.swoogo.com/farmlabor for more information and to register.

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