In Washington, Change is a Challenge

As the initial flurry of activity in the new administration and Congress moves into the heat of summer in Washington, the challenges and fault lines that come with addressing major issues including labor, trade and taxes are becoming increasingly clear.  

This should come as a surprise to no one.  

To put it plainly, change is difficult. Movement on issues that have seen decades of gridlock and tinkering along the edges because of a lack of political will are especially hard. This isn’t a secret, and the turbulence agriculture policy is seeing is likely to continue for some time. While that’s occurring, it will be important for everyone in dairy and agriculture to remain focused on advancing our industry and ensuring that we embrace the current environment for its opportunities while remaining vigilant among its threats.  

Take labor, for example. The balance between the administration’s goals of ensuring border security and deporting people who are not legally residing in the United States with ensuring the economic health of rural communities by maintaining an adequate workforce for farms is clearly recognized by the president and by USDA Secretary Brooke Rollins. We are grateful for the president’s sympathy for farmers and the secretary’s work on their behalf — still, but more importantly, his continued willingness to tackle complex policy topics that have languished for decades. 

That’s why we agree with Jim Boyle, the vice-chairman of NMPF member co-op the United Dairymen of Arizona who we recently profiled in our Farmer Focus feature series. “The president is right about securing the border, but any enforcement action needs to go hand-in-hand with a labor reform package,” he said.  

We continue to work for either a change to the current H2-A farmworker visa that will accommodate dairy’s year-round nature or, in the absence of that, a new guestworker program that meets dairy’s needs. In the meantime, dairy farmers who are meeting requirements for worker documentation shouldn’t be living with worries about immigration raids on their farms. It isn’t good to have open borders and criminals crossing over it. But it’s also not good for dairy farmers, or rural communities, to be deprived of hard-working, law-abiding labor that’s paid well and willing to do work native-born Americans have always been less willing to do, caring for animals around the clock and ensuring a steady supply of nutritious dairy products for Americans and the world.  

Similarly, efforts to dramatically reset trade relationships worldwide are inevitably meeting challenges. But for all the concern over tariffs, it’s also important to remember that, through April, the value of U.S. dairy exports in 2025 is actually higher than it was the previous year. While no one is claiming that everything is roses on the trade front, it’s critical to remember that U.S. dairy continues to compete successfully and build relationships with global partners amid the day-to-day noise of headlines.  

And finally, policy advancements are happening domestically. The Senate is poised to pass its own version of The Big, Beautiful Bill that the House approved in May. The differences between the two chambers are significant, and negotiations over details may take maddeningly long. But with major tax increases looming in 2026 if Congress doesn’t get its work done in time, the incentives to complete a package are overwhelming. And both versions contain significant wins for dairy farmers, from the extension of the Dairy Margin Coverage Program through 2031 to making permanent the Section 199(A) tax deduction that helps cooperatives stay competitive.  

Rome wasn’t built in a day, decades of unfair trade policies won’t evaporate overnight, and farm-labor issues that haven’t been taken seriously since the last major legislation in 1986 won’t be solved in one growing season. But dairy will survive, and can thrive, as these critical questions gain serious attention and a genuine desire for answers. We are in for a hot summer and a challenging fall. But we can, and will, come out ahead.  


Gregg Doud

President & CEO, NMPF

 

NMPF’s Bleiberg Assesses Latest Developments in Immigration Policy on Dairy Radio Now

NMPF Executive Vice President Paul Bleiberg explains for listeners of Dairy Radio Now what to make of conflicting statements issued in the past week by Trump Administration officials regarding how the federal government will enforce immigration laws on farms and agricultural businesses.

FARM Program Updates Animal Care Standards

NMPF’s Senior Director of FARM Animal Care, Beverly Hampton Phifer, tells Dairy Radio Now listeners about the series of changes being implemented this summer to the FARM Animal Care program.  The program is now initiating its 5th version, featuring updates to its standards that reflect best practices for dairy cattle.  The FARM program is also updating its newer, voluntary environmental and farm worker programs as those areas continues to draw attention from customer and consumers.

NMPF’s Bleiberg discusses new congressional report on need for farm labor

NMPF’s Executive Vice President Paul Bleiberg joins Dairy Radio Now this week to assess the impact of a new report from the House Agriculture Committee on the need that dairy farms and other ag employers have for farm workers, and what the prospects are for the push to expand the H2A visa program to dairy employers.

FARM provides insights on labor laws

Keeping up with changes to state and federal labor laws can be daunting. However, given the tight labor markets, dairy farms must redouble efforts to attract and retain employees.

The National Dairy Farmers Assuring Responsible Management (FARM) Workforce Development program offers free resources. These include state and federal legal fact sheets as well as human resource (HR) and safety templates to help dairy owners and managers increase worker engagement, reduce employee turnover, and manage safety hazards associated with dairy farming.

As part of its programming, FARM Workforce Development hosts quarterly educational webinars for program evaluators — the individuals who conduct on-farm assessments and support farmers with continuous improvement. For this year’s first webinar, Dan Deacon of Conn Maciel Carey LLP highlighted recent and potential upcoming changes to federal labor laws, including independent contractor definitions, overtime and wage rules, and Occupational Safety and Health Administration (OSHA) regulations. While FARM’s on-farm assessment tool does not evaluate legal compliance, understanding the legal and regulatory context is essential for advancing adoption of HR and safety best practices.

The Wage and Hour Division of the Department of Labor issued a proposed update to the Employee vs. Independent Contractor classification in October — restoring the “totality of the circumstances” analysis to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. A final rule would limit when a worker may be properly classified as an independent contractor and may be subject to legal action. The Wage and Hour Division is currently reviewing feedback from their public comment period and will provide next steps in the coming months.

The Wage and Hour Division has also held industry stakeholder listening sessions regarding overtime regulations and indicated it will issue a proposed rule to update the salary exemption threshold this year. It is not clear at this time whether the division is also exploring further updates to overtime regulations.

In January 2023, OSHA issued enforcement memos to field offices and state plans that significantly expand the potential for higher fines issued to employers for safety and health violations. One memo expands the circumstances for instance-by-instance citations, while the other reiterates OSHA’s discretion to limit the grouping of citations. OSHA also initiated a rulemaking in January 2023 for the Worker Walkaround Representative Designation Process, which would allow union representatives to participate in OSHA inspections at non-union workplaces, at the request of employees, and be more involved in the OSHA process. Prior to those actions, in March 2022, OSHA also issued a proposed rule to expand the e-recordkeeping requirements planned to be implemented this year, which would require certain high hazard employers to submit OSHA 300, 301, and 300A data to OSHA on an annual basis.

FARM Workforce Development supports dairy farmers in identifying and implementing HR and safety best practices to enhance safe and thriving work environments. Dairy cooperatives and processors representing 60% of the U.S. milk supply participate in the initiative. More than 400 assessments have been completed across 23 states. Visit FARM’s website for FARM Workforce Development resources, including federal and state legal fact sheets.

NMPF’s Mulhern Speaks at Annual Meeting

 

NMPF President and CEO Jim Mulhern speaks at the organization’s annual meeting in Las Vegas, NV on Nov. 16.

NMPF’s Bjerga on COVID Community Corps

NMPF’s Senior Vice President for Communications, Alan Bjerga, discusses dairy’s leadership in getting farmers and farmworkers vaccinated against COVID-19, as well as NMPF’s membership in the federally led COVID Community Corps, in audio from an interview with RFD-TV.

 

NMPF’s Sweeney-Murphy Explains Vaccination Resources

NMPF’s Theresa Sweeney-Murphy says confusion can vary by state or even among counties for when for COVID vaccines will be available for essential food and ag workers. “There are 50 states, and they each have different plans for distributing vaccines,” she said in an interview with the Brownfield Ag News She says a new toolbox aims to answer COVID questions and help dairy farmers navigate the continually changing eligibility requirements.