Farmers have certain responsibilities towards anyone working on their farm which are legally defined and can include proper hiring, compensation, and workplace conditions. This section addresses the labor information and resources most relevant to urban farmers when considering their workforce.
Labor Laws
All businesses in New York State must have workers’ compensation coverage for all employees. This includes part-time employees and family members employed by the organization. Employers must have a workers’ compensation insurance policy which can come from a private insurance carrier, the NYS Insurance Fund, or self-insurance.
If you host unpaid interns and apprentices on your farm, they must also be covered by workers’ compensation (the training and/or room and board you provide them is valued in lieu of wages). The only potential exception to this is if your farm is a 501(c)3 non-profit organization. Access employee resources at the New York State Office of Employee Relations website.
The Urban Agricultural Legal Resource Library provides additional information on employment law as it applies to urban farmers, including information on the use of volunteer labor and services.
Minimum Wage
As of the revision date noted on this fact sheet, the Federal Minimum Wage is $7.25/hour. The New York State Minimum Wage is $16.00/hour in New York City, Long Island, and Westchester County, and $15.00/hr in the rest of the state. Overtime after 56 hours is $22.50/hr for the rest of the state and $24/hr for NYC, Long Island, and Westchester County. This wage minimum applies to regular wage jobs and piece-rate jobs on farms with an annual payroll over $3,000 in the previous calendar year. It excludes immediate family and minors under 17 years of age employed on the same farm as their parents or guardians who are paid on a piece-rate basis at the same rate as employees over 17.
Utilizing Volunteer Help
It is important to note that there are legal differences between employees and volunteers. Many farmers offer “sweat-equity” workshares in which volunteers swap hours of their time on the farm for a share of produce each week. Other farms offer unpaid internships or apprenticeships. Lodging and food may or may not be provided to these workers. While volunteers may not be paid a monetary wage, it is still important to understand the labor laws around utilizing unpaid help.
Managing Risks of Farm Interns and Volunteers is a legal guide from Farm Commons that provides farmers with information on how to run a legally-compliant internship or volunteer program on their farm.
“Can I pay my workers in broccoli, bacon, housing, or other non-cash goods?” is a web page from Farm Commons that explores ways employers can compensate their employees with non-cash items.
Hiring Forms
Employers must keep an I-9 form from the US Citizenship and Immigration Service on file for all employees. The I-9 requires copies of documentation (a driver’s license and social security card for most), however, the employer is not required to verify that these documents are valid. The form is available from U.S. Citizen and Immigration Services.
For more information about federal regulations for agricultural employers, download the IRS Publication 51, Agricultural Employer’s Tax Guide.
Payroll Service
Given the complexities and liabilities of properly administering payroll, it is recommended that small employers hire a payroll service from a local accounting firm. Though expensive, this frees the employer from the liabilities of missing a form deadline, improperly handling a payroll withholding account, and avoids the need to stay current with the various labor forms and regulations at both the state and federal level.
Cornell Agricultural Workforce Development Program, part of Cornell Cooperative Extension and the College of Agriculture and Life Sciences, offers numerous useful legal resources for agricultural workers.
Farm Commons has many resources available to better understand navigating labor laws and varying types of employees on farms.
“Selected Essentials in Farm Employment Law for Your State” is a web page from Farm Commons that provides the selected essentials for employment laws by state and territory.
“Farm Employment Law Basics” is a web page from Farm Commons that outlines key concepts that employers should now to ensure legal compliance.
