Working with independent contractors rather than regular employees can save a farmer money. But, it’s not a solution for every situation- only if the farmer can give up a good deal of control over the work should independent contractors be considered. What’s the Situation? Hiring employees can be expensive. A farmer must pay Social Security … Continue reading
Using contractors or volunteers are good ways to stay flexible and minimize labor costs on the farm, but don’t assume relieving yourself of employees relieves you of workers’ compensation. Also, if you buy a farm liability policy to cover contractors or volunteers instead, watch the fine print to be sure you get what thought you … Continue reading
The penalties for not carrying workers’ compensation insurance when the farmer is required to carry it can be massive. Whether by choice or by ignorance, not following workers’ comp laws may place everything the farmer owns at risk. What’s the situation? June has a great little farm that makes enough profit to support June and … Continue reading
“Workers’ compensation” is the title for a system of insurance that covers injuries suffered by employees while on the job. What farmers might not know is that workers’ comp protects the farmer just as much as the farm worker. A key aspect workers’ comp is that when it is available, an injured employee may not … Continue reading
The new Small Farm Internship Pilot Project, passed by the Washington state legislature, is a great example of how elected representatives are exploring new ways to help direct-market farmers. The pilot project permits unpaid farm internships and grants the interns workers’ compensation insurance through a simple application process. What’s the situation? We’re seeing legislation proposed … Continue reading
Having realized how difficult apprenticeships and internships are from a legal standpoint, farmers might decide to pay the equivalent of minimum wage in money, food, and housing. That can be a great solution. However, relying on volunteers instead of employees may not be a good solution. (Another in my series on employment law for the … Continue reading
Under federal law, interns are very different than regular employees. The six criteria for a valid internship make it difficult, but possible, for a farm to utilize interns. Farms must pay careful attention to program structure, not use interns as a labor source, and communicate clearly with interns. What’s the problem? Internships are a very … Continue reading
Regardless of an individual’s title, if an employee does work that benefits the farm then that individual does not meet the legal definition of an intern. Barring some other exception, that person is a regular employee and should be paid the minimum wage. This criteria make it a challenge for many farms to offer internships at … Continue reading
If a farmer wants to pay subminimum wages to an apprentice, she has to apply for a special certificate. One look at the requirements to receive the certificate and most farmers will close the book on apprenticeships. The new agriculture- local, organic, urban, or whatever your flavor- simply isn’t right for this employee alternative, yet. … Continue reading
(Originally written for the National Young Farmers’ Coalition) Under the Fair Labor Standards Act (FLSA), an apprentice does not have to be paid the minimum wage. The paperwork required to establish a formal apprenticeship program may be abundant, but it also defines the exact expectations of farmer and apprentice. The benefits of being within the … Continue reading
