In 1985, Wisconsin was one of the most unionized states in the country. A new study looks at the precipitous decline in union membership after the passage of Act 10, which marks its 15th anniversary this month.
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U.S. Rep. Bobby Scott, D-Virginia, speaks during a 2020 news conference in Washington, D.C. (Photo by Drew Angerer/Getty Images)
WASHINGTON — Two top Democrats on a U.S. House panel Tuesday pushed back against “unprecedented” Trump administration guidance that they said essentially encourages states to try to bypass requirements on how they spend federal money intended to help people find job training and support — potentially opening states up to lawsuits.
The Democrats, in a letter provided exclusively to States Newsroom, said the U.S. Department of Labor is urging states to use waivers provided under the main federal workforce development law to disregard statutory requirements on how they spend money for employment activities.
Reps. Bobby Scott of Virginia and Alma Adams of North Carolina — the respective ranking members of the House Committee on Education and Workforce and its Subcommittee on Higher Education and Workforce Development — urged Labor Secretary Lori Chavez-DeRemer to “immediately revoke” the agency’s guidance, issued to state workforce agencies, administrators and other entities back in November.
One of the main purposes of the workforce law, they observed, is to increase access to jobs for people with disabilities, older people and people who are homeless. The waivers suggested by the department would let states reel back their efforts to serve those groups of people, the Democrats said.
“We are deeply concerned that waiving these requirements under the guise of ‘innovation’ and ‘modernization’ will only incentivize the workforce system to stop doing what it is legally required to do: serve those with barriers to employment,” they wrote.
The guidance from the department’s Employment and Training Administration calls on states to “request waivers of existing (Workforce Innovation and Opportunity Act) statutory or regulatory requirements that can help overcome specific barriers to innovation and align with the five strategic pillars for workforce investment.”
The 2014 law, known as WIOA, aims to boost the public workforce system and help those seeking jobs — particularly people who face barriers to employment — access training, employment and support services. The Labor secretary has the authority to waive certain statutory requirements under WIOA, though with certain limitations.
Scott and Adams argued that many of the suggested waivers in the guidance “would allow states to reduce their efforts to serve individuals with barriers to employment, directly contradicting WIOA’s purpose.”
President Donald Trump’s administration in August 2025 unveiled a workforce development strategy, through the departments of Labor, Commerce and Education, consisting of five “strategic pillars.”
The strategy stemmed from Trump’s April 2025 executive order, part of which sought to “consolidate and streamline fragmented Federal workforce development programs that are too disconnected from propelling workers into secure, well-paying, and high-need American jobs.”
But the Democrats said the use of WIOA’s general waiver authority as a method for achieving the administration’s policy goals surrounding workforce development is without precedent.
“Upon review of all past approved waivers, it is clear that waivers were only used in response to discrete challenges that states or local areas faced in meeting some of the requirements stipulated under WIOA, either because of extenuating circumstances or for individual state efforts at reforms, not to achieve the Administration’s policy goals,” they wrote.
Scott and Adams instead called on Chavez-DeRemer to work with Congress to pass a bipartisan bill that seeks to modernize WIOA.
That measure would need to be reintroduced. The House passed it in April 2024, during the previous session of Congress, but the Senate did not.
The Department of Labor confirmed receipt of the letter Wednesday, but did not respond to a message seeking comment on its contents.
Forward Analytics used six indicators to measure the state’s economy and in “Keeping Pace,” said in the past seven-year period Wisconsin falls short.
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An employee walks behind cattle on an Idaho dairy farm in an undated photo. Dairy farms in Idaho say they depend on immigrant workers without legal work authorization and oppose mandates to check legal status with the federal E-Verify system. (Photo courtesy of Idaho Dairymen’s Association)
Pressured by businesses on the importance of immigrant labor, some Republican states are backing off plans to require all employers to check for legal employment status before hiring workers.
State and federal legislation to require that employers use E-Verify, a federal system to check legal status, has been limited this year as a push grows from business interests that say checking status could hurt state economies. Business groups have cited the cost of complying with the laws and the potential loss of crucial immigrant workers who don’t have legal work authorization.
Millions of worksites around the country use E-Verify to ensure new hires are legal to work in the United States, but it isn’t required in all states or for every industry. Going after employers has not been as popular with Republicans as immigration enforcement aimed at detaining and deporting people living here illegally.
In Idaho, for instance, legislation that would require all employers to use E-Verify, crafted with help from the conservative Heritage Foundation, is awaiting state House consideration — while a more limited mandate for large state and local government contractors passed the state Senate Feb. 19.
“I think we should tread lightly, and private businesses should not be enforcement agencies,” said state Sen. Mark Harris, a Republican and rancher who sponsored the less-stringent bill, on the Senate floor before the vote.
Idaho Republican state Sen. Brian Lenney, who voted for the bill, spoke resentfully of business leaders who came to the state Capitol to lobby against the broader mandate for all employers to use E-Verify.
“There were men in suits holding a press conference downstairs to let the world know and tell Idaho which industries cannot survive without illegal labor,” Lenney said before the vote. “They’re trying to protect a system that keeps human beings cheap, compliant and silent. … Is this bill making a dent, like it should? Not really.”
An industry-funded report said a sharp drop in unauthorized labor from deportations could cost the state economy billions of dollars and reduce state tax revenue by almost $400 million. The report, funded by the Idaho Alliance for a Legal Workforce and prepared by regional economists, emphasized the importance of immigrants to certain industries: As much as 90% of the workforce in dairy production is foreign-born, for example, and half of those individuals might not be authorized to work in the U.S.
I think we should tread lightly, and private businesses should not be enforcement agencies.
– Idaho Republican state Sen. Mark Harris
There were 21 states with E-Verify requirements for contracts or business licenses as of 2024, federal data showed. Seventeen states had pending legislation to begin or expand E-Verify mandates as of Feb. 5, said Mick Bullock, a spokesperson for the National Conference of State Legislatures.
Some bills have not progressed after business opposition, such as an E-Verify mandate in Kansas opposed by the Kansas Chamber and the League of Kansas Municipalities. The chamber said the bill “would create an aggressive, invasive, and costly system of employment verification on all Kansas businesses” in 2025 testimony.
“The goal of this bill is to prevent illegal immigration, however with the bill’s broad definitions and severe penalties this legislation would suppress business operations,” the chamber wrote in submitted testimony.
Another example of a limited E-Verify mandate is a recent Ohio law. It applies only to nonresidential construction, despite testimony about illegal labor in residential construction. After Republican Gov. Mike DeWine signed the measure in December, it takes effect March 20.
An earlier version of the same Ohio bill passed the state House in 2024 but did not pass the state Senate. In a hearing at the time, Richard Ochocki, an organizer for the state plumbers and pipefitters union, said he spent three hours at an apartment and condo construction site in Columbus without finding even one person with the legal work status required to join the union.
“The flow of undocumented workers to Ohio has been steadily increasing over my five and a half years as an organizer. I have personally encountered undocumented workers in Cleveland, Canton, Ashland, Lima, Cincinnati, Dayton, and Columbus,” said Ochocki, speaking in favor of E-Verify, in prepared remarks.
Madeline Zavodny, a professor at the University of North Florida who has researched the effects of E-Verify on the labor market, said exemptions for short-term work such as agriculture or small business is common, but limiting it to part of one industry such as nonresidential construction is unusual.
“The more limited the law is, the less impact it would have,” Zavodny said. “And nonresidential construction may be heavily unionized in Ohio such that there’s not a lot of unauthorized workers anyway. Unauthorized workers are often day laborers who work primarily in residential construction, not nonresidential.”
Meg Rietschlin, majority owner of a construction firm that bids on schools, roads, culverts and other nonresidential construction projects in rural Crawford County, Ohio, said she requires her workers to have a valid driver’s license, which should be enough to show they have legal status. An E-Verify mandate would drive her out of business because of the additional paperwork, she wrote in 2024 testimony.
“If you inundate me with the requirement to collect so much information, I will cease to be,” Rietschlin wrote. “This proposed law is meant to drive the small contractor out of public works opportunities.”
A report Zavodny co-authored in 2015 found E-Verify mandates appeared to help some workers who compete with unauthorized workers, such as Mexican immigrants who became citizens and U.S.-born Hispanic people, but did not measurably help U.S.-born non-Hispanic white people.
A 2020 working paper published by the National Bureau of Economic Research found no evidence that E-Verify mandates improve the native-born labor market in general, and no evidence that people without work authorization moved away because of the mandates. Unauthorized workers may move from large businesses to small businesses that are less likely to comply with the mandates, the paper concluded.
As the Trump administration’s immigration crackdown ramped up last year, restaurants and construction lost the largest number of immigrant laborers compared with 2024, according to a Stateline analysis of federal data. Landscaping, building services and warehousing industries also lost tens of thousands of laborers.
Rick Naerebout, who represents about 350 Idaho dairy farmers as CEO of the Idaho Dairymen’s Association, said his members depend on unauthorized labor to run their farms that together produce more than 18 billion pounds of milk in 2025, behind only California and Wisconsin.
Idaho farms have not seen large-scale raids by Immigration and Customs Enforcement officers, Naerebout said, though there was one last year in South Dakota and one in New Mexico in June, among others. Naerebout said he believes President Donald Trump has paused most ICE raids on agriculture and tourism, as has been reported by The New York Times and Stateline.
Idaho should limit E-Verify mandates to government as the state Senate bill would do, and shouldn’t pass more stringent mandates as the other bills would do, Naerebout added.
“The president couldn’t be more clear that he wants there to be space for critical industries like agriculture to try and get to where we find the solution,” Naerebout said. “The irony is Idaho voted overwhelmingly for President Trump, and you’ve got Idaho Republicans now saying what the president’s doing isn’t good enough.”
Among other states, Tennessee has a broad E-Verify mandate for all businesses with at least 35 employees, though the exact number of employees has shifted over the years. Republican Gov. Bill Lee signed a law effective in 2023 that lowered the threshold from 50 to 35, and one proposed bill this year could shift it back to 50 employees.
The mandate has faced business opposition but “other than a brief period of adjustment implementation has gone very smoothly,” Republican Lt. Gov. Randy McNally said in a statement to Stateline. McNally and other state officials have collaborated with the Trump administration on a package of proposed state legislation this year, including making E-Verify mandatory for state and local government hires.
Florida also has an E-Verify mandate for employers with 25 or more employees, with a bill under consideration to expand it to all employers. It passed the state House in January and is now in a state Senate committee.
In Democratic-led California, employers starting this month must notify employees about their rights under state law, including a prohibition on using E-Verify in a discriminatory way to screen only some employees. A bill in Democratic-led New York, with 12 Democratic sponsors, would prohibit use of E-Verify to screen job applicants or check on existing employees, which is already prohibited by federal law. E-Verify can only be used legally after a job offer and before an employee has started work.
Meanwhile, some conservative-leaning states are moving to tighten rules. An Indiana bill would hold public works subcontractors accountable as part of an E-Verify mandate for public agency contracts and a West Virginia bill would require all employers to use E-Verify.
Federal legislation to mandate E-Verify for all employers has bogged down in recent years. A Senate bill last year did not progress beyond a committee, and a similar House bill bogged down in 2018.
Last year, Pennsylvania Republican U.S. Rep. Ryan Mackenzie introduced a bill that would require E-Verify for federal contractors only, saying it was “an area where mandatory E-Verify makes clear sense” in prepared testimony.
Mackenzie said he had sponsored an E-Verify law as a state lawmaker in 2019, and that it “has ensured there is a lawful workforce in the construction industry in my home state of Pennsylvania, protecting American workers from unfair competition, providing a level playing field for businesses, and helping to confirm all appropriate taxes are paid.”
Mackenzie’s bill on federal contractors had a committee hearing in January, during which California Democratic U.S. Rep. Zoe Lofgren said the bill would need an exemption for agriculture, since the government buys food and milk produced by undocumented workers for the military and schools on military bases.
“If we don’t exempt ag, we will have a very serious problem throughout the federal government, especially in our military that relies on ag products in feeding our soldiers,” Lofgren said. Her request to amend the bill was voted down.
Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.
This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.
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.
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:
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.
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).
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.
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).
The post Symposium on U.S. Farm Labor Conditions Discussed Sector’s Diverse Challenges and Opportunities appeared first on Farm Foundation.
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.
The post Upcoming Farm Labor Conference Tackles Critical Issues appeared first on Farm Foundation.
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