What about farmers who can’t meet the DOL or Black Swan requirements?

“I don’t meet the DOL or Black Swan criteria. My farm is a business—all workers need to pull their weight. But, I really want to have young college students working on my farm over the summer. And, I like the idea of calling them “interns” as this seems to make them more open to learning my eccentric farming practices. So now what do I do?”

Farmers like Amanda who can’t or don’t want to meet the criteria for non-employee interns have “employees.” They can still call their workers “interns” but they must treat them as employees when it comes to legal requirements. They must follow all applicable state and federal employment laws. For more details on federal and state employment law requirements, see the Farmers’ Guide to Federal Employment Law.

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Farmers’ Legal Guide to Intern and Volunteer Programs