In the ever-evolving landscape of agricultural labor laws, staying informed and compliant is crucial for farming operations. On August 20, 2025, the National Agricultural Law Center hosted a webinar titled “Ag Labor Pointers & Pitfalls for Farming Operations,” featuring William Mencer, an Arkansas-based attorney and farmer. Mencer, who hails from a fourth-generation farming family, shared valuable insights on navigating the complexities of labor laws, with a particular focus on the H-2A visa program.
The H-2A visa program has become a lifeline for many U.S. farms, allowing them to hire foreign workers for temporary agricultural jobs. The demand for this program is evident in the numbers: the U.S. State Department issued 310,627 H-2A visas in 2023, a significant increase from the previous year’s 298,304. This trend is expected to continue, with forecasts predicting annual applications to range between 300,000 and 350,000 through the 2026 fiscal year.
Mencer emphasized the importance of meticulous record-keeping for farms participating in the H-2A program. “You’ve got to keep all of your records for at least three years,” he advised. This includes application records, payroll records, and pay stubs that detail withholdings. Different agencies, such as the Occupational Safety and Health Administration, may have their own record-keeping requirements, so it’s essential to stay organized and thorough.
The necessity of good record-keeping becomes even more apparent in the event of an H-2A audit. “This is where good record-keeping comes in,” Mencer explained. “If you can point to your records proving that you did something right, then maybe you can go back to the officer and say, no, actually, we did it correctly.” This can help in reducing fines or even getting charges dismissed.
Mencer’s family has been participating in the H-2A program since the 1980s, giving him firsthand experience in managing the program’s intricacies. “We’ve always leaned in on the H-2A program in order to keep the crops in the ground and get everything out every year,” he shared. His insights underscore the program’s vital role in sustaining agricultural operations.
For those who missed the webinar, a full replay is available online. The session serves as a reminder of the importance of understanding and adhering to state and federal labor laws. As the agricultural industry continues to evolve, staying informed and compliant will be key to ensuring the success and sustainability of farming operations.