Employment & Hiring
Hiring
Is H-2A a solution for your farm?
Video
60 minutes
Selected Essentials in Missouri Farm Employment Law
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20 min read
Selected Essentials in Maine Farm Employment Law
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Selected Essentials in Delaware Farm Employment Law
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Selected Essentials in Nebraska Farm Employment Law
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Selected Essentials in Vermont Farm Employment Law
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Selected Essentials in Mississippi Farm Employment Law
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Selected Essentials in Minnesota Farm Employment Law
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Selected Essentials in Michigan Farm Employment Law
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Selected Essentials in Massachusetts Farm Employment Law
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Selected Essentials in Maryland Farm Employment Law
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Selected Essentials in Louisiana Farm Employment Law
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Selected Essentials in Kentucky Farm Employment Law
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Selected Essentials in Kansas Farm Employment Law
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Selected Essentials in Iowa Farm Employment Law
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Selected Essentials in Indiana Farm Employment Law
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Selected Essentials in Illinois Farm Employment Law
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Benefits
Labor & Wages
Volunteers & Interns
Building a Legally Sound Intern and Volunteer Program
Video
115 minutes
Farmers’ Legal Guide to Intern and Volunteer Programs
Book
5 chapters
Worker & Employee Questions:
I'm thinking about hiring help. What should I know during the planning stages?
Getting help on the farm requires a hefty helping of employment law knowledge. Read on for the employment law basics you need.
You know you need help getting the work done. But if you don’t know about all of the legal requirements that come along with workers, then Farm Commons is here to help!
Start with our Farm Employment Law Basics (1pg), a handy list of the top ten things farmers need to know about employment law.This resource is available to everyone, and will direct you to more detailed resources on the issues relevant to your farm, which are available to members.
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.
Can my farm or ranch host volunteers?
The use of free labor through volunteers is a go-to solution for many farm businesses on a tight budget. But, it’s a solution that only works in limited circumstances. Find out what those are here.
Volunteers are a hallmark of many community-focused farms. Having a cadre of locals who are eager to help out on the farm shows just how important farms are to communities. But, the law is clear on this subject: For-profit businesses may not have volunteers. Anyone who does the work of a for-profit farm is an employee, and employment laws apply (unless, of course, another classification like independent contractor or intern fits the situation).
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.
Can I pay my workers in broccoli, bacon, housing, or other non-cash goods?
Cash isn’t always flowing on the farm, especially when the business is brand new. But, there’s so much work to get done! Here’s some guidance for paying wages in non-cash or “in kind” forms.
Farms and ranches are often tight on cash but long on good food, scenic housing, and other non-cash resources. Non-cash wages are often called “in-kind” wages under the law. Although non-cash wages are often allowed, they are heavily regulated. Farmers need to be sure they know their legal obligations before creating an in-kind wage program.
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.
Help me understand my payroll and tax obligations to farm workers.
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.
I want to work with other businesses to hire collaboratively. Are there any creative options for me?
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?
Hiring collaboratively with other farm businesses can address labor shortages, costs, and retention, and create a better standard of living for workers.
Sustainable farmers often seek more flexible options for meeting their diverse and fluctuating farm labor needs. At the same time, farm workers struggle to piece together stable and rewarding employment opportunities. If this sounds familiar, we have a helpful resource for you. Check out our Farmers’ Guide to Shared Labor Arrangements(23pgs), which explores one potential solution: coordinating farm labor across farms. Is such a solution feasible for your community? This guide explores such feasibility of this model through operations, ownership, business structure and financial viability. This resource was created in partnership with the University of Wisconsin Center for Cooperatives.
What does the law say about interns and apprentices on my farm/ranch?
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?
The legal definition of an intern is very different from a business owner’s definition of an intern. Get clarity and confidence with the below resources.
In the last decade or so, internships have been called into the legal limelight with a number of lawsuits establishing that interns and apprentices need to be treated as employees in most cases. This is true on farms as well- interns are generally employees and all employment laws apply. Of course, every general rule has its exceptions and there is an opportunity to create an internship program that does not follow all employment laws. Non-profit organizations have wide latitude to create internships and volunteer positions. For-profit farms will have a harder time but can be successful if they show that the position benefits the intern more than the farm, among other factors.