A Partnership: Farmers might not choose one, but they could have one anyways.
Farmers who want to work together to make a profit might risk their personal assets if they form a general partnership. General partners are jointly and severally liable for the business debt. The problem is that a group of farmers can form a partnership without ever realizing they’ve just taken on that liability. What’s the […]
The Sole Proprietorship: Starting a Farm in the Fast Lane
A sole proprietorship is a good choice for the farmer who wants to establish a business without much paperwork, but that convenience comes at a cost. What’s the situation? Nell has just decided to become Farmer Nell. She’s looking at land, she’s circling things in her chicken catalog, and she’s filling out farmers’ market applications. […]
Hiring Help Without Hiring Anyone At All
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 hired. What’s the Situation? Hiring employees can be expensive. A farmer must pay social security and […]
Workers' Comp Laws: They mean business.
The penalties for not carrying workers’ compensation insurance when required to 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 one additional employee. This season […]
Answering the "Do I need workers’ comp insurance?" question on your own.
A prudent farmer should know if he or she is required by law to carry workers’ compensation insurance. When you can’t ask an attorney, doing your own legal research can work if you have a little time and tenacity. Here are ideas for learning the workers’ comp laws of your own state. What’s the situation? […]
Workers' Comp: Protecting Employers and Employees
“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 […]
Washington Takes its New Internship Law For a Spin
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 […]
Will Work For Food: Paying minimum wage with farm food and housing
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. What’s the situation? A farmer who understands apprenticeships, internships […]
The Intern That Isn't: Part 2
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 situation? Internships are a very […]
The Intern That Isn't: Federal law and farm internships
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 […]