Accommodations
Disability
Discrimination
Worker & Employee Questions:
Does my farm or ranch have to pay overtime to workers?
Find your way to the best resource to answer your questions about overtime obligations.
Great question, we’re so glad you asked!
If a farm assigns exclusively agricultural labor, the answer depends on the state in which you are located. Most states do not require farms to provide overtime pay for all hours worked over 40 in a week, which is the federal rule. For the answer in your state, check the Overtime section of our Selected Essentials in Farm Employment Law (10pgs) resource for your state.
When is an employee manual important and how do I create one?
The employee manual is an often overlooked tool to create successful working relationships on the farm.
A farm employee manual is rarely, if ever, required – in other words, you won’t get into any legal trouble if you don’t have one– however, it can set you up for success in employee management. It can also help prevent legal trouble down the line. An employee manual is an incredibly useful tool for improving workplace communication and day-to-day operations. If you have farm employees, take a big step towards legal resilience with a good employee manual.
Employees, independent contractors, interns or something else... How do I classify workers?
Before you navigate your way through the maze of employment law, first you need to figure out if your workers are employees…or something else. We help you do that here.
If you’re asking this question, you’re off to a great start. The law has very detailed opinions on what makes a worker an employee versus an independent contractor, and we call this legal subject “classification.” Running afoul of the law can leave a farmer responsible for back taxes, penalties, and more.
I want to avoid discrimination in hiring, managing and dismissing workers. How?
Avoiding discrimination when employing workers on your farm or ranch means tuning into the details of employment law. Here’s what you need to know.
It isn’t always easy to understand our anti-discrimination legal obligations or how they influence the way we hire and fire. From writing a good job description to conducting the interview, training employees, and (the worst part) having to dismiss workers, we all benefit when the process is clear, objective, and consistently implemented.
Help me understand my payroll and tax obligations to farm workers.
You’ve found great workers for your farm! Now what? Taxes and paperwork of course…we help you get a handle on tax and payroll obligations for new employees.
This issue can get complicated in a hurry. We’ll keep it simple while pointing out the key thresholds.
If the farm assigns non-agricultural labor, federal income tax withholding, federal unemployment insurance (FUTA) tax, and social security/Medicare tax (FICA) apply right away.
I want to offer benefits to employees on my farm. What are my options for health care, retirement, and pay raises?
There are options available for all types and scales of operations.
As a farm or ranch employer, employee retention, longevity on the team, and shared commitment to the business’ success are in everyone’s best interest. Offering employees benefits can help to support all of this, and benefits like bonuses and pay raises, health benefits, and retirement benefits can also help to attract new hires in competitive markets.
What is the minimum wage rate and do I have to pay it?
We all know about the minimum wage, but did you know that it doesn’t apply to farm labor in some states? Check out the resources below to learn more.
The honest answer is that some farms are not legally required to pay at least the minimum wage. However, most farms offer well above the minimum wage in order to attract a qualified workforce. Still, it’s helpful to know what the rules are– especially for farms that are crafting unique internship and apprenticeship opportunities where the obligation to provide the minimum wage influences how those farms can offer wages in the form of food and housing.
