We explore real legal issues faced on farms every day, providing key knowledge and tangible solutions to help you grow a thriving agricultural business.
Episode 70: Revisiting Paying Wages as Salary on the Farm and Ranch
In honor of Open Farm Employment Law Week beginning on Monday September 18th, we are re-releasing our podcast episode on Why Some Farms Pay Wages as Salary.Why the return? Because overtime pay rules continue to evolve across the country, and farmers and ranchers need to be aware. For example, Oregon’s overtime rule changed this year in 2023, requiring overtime pay for farm workers. If you are required to pay overtime to workers on your farm or ranch, salary may be an option you want to explore. Tune in to learn more about overtime and salary, and be sure to check out the resources below learn the employment laws for your state. If you aren’t a Farm Commons member -- don't worry, these resources are freely available during Open Farm Employment Law Week (https://farmcommons.org/open-employment-law-week/) so be sure to check them all out!Recommended resources:* Selected Essentials in Farm Employment Law for Your State (https://farmcommons.org/pathway/selected-essentials-farm-employment/)* Farmers' Guide to Hiring Obligations (https://farmcommons.org/resources/books/farmers-guide-to-hiring-obligations/)
Episode 69: Protecting Your Long-Term Lease
This episode is a great listen for people with, or pursuing a lease that will last for five or more years. A lot can change over time, and ensuring that your lease is valid even if the land changes ownership can bring great peace of mind. Rachel walks us through three levels of resilience farmers and ranchers can pursue when it comes to securing their lease.For a full transcript of this episode, please click here. (https://farmcommons.org/wp-content/uploads/2023/08/Ep69_ProtectingYourLease_Transcript.pdf)
Episode 68: Managing Recreational Liability on the Farm
It's summertime and recreation is on the mind! The top 3 recreational uses we are seeing farmer landowners share with others are (1) nature recreation, like letting CSA members onto the farm for birding and hiking, (2) hunting access for friends and family that’s free or paid, and (3) foraging by individuals in the community. The big risk here is injuries and injuries can occur in many ways. In this episode, we share two strategies that are proactive and designed to manage the risk of visitor injuries, while also giving you a defense if those bad things do come to pass.Recommended Resources:* Episode 50: Protecting Your Foraged and Wild Foods Revenue (https://farmcommons.org/resources/podcasts/episode-50-protecting-your-foraged-and-wild-foods-revenue/)* https://assets.recenter.tamu.edu/documents/articles/570.pdf (https://assets.recenter.tamu.edu/documents/articles/570.pdf)* https://agrilifeextension.tamu.edu/asset-external/ranchers-agricultural-leasing-handbook-grazing-hunting-and-livestock-leases/ (https://agrilifeextension.tamu.edu/asset-external/ranchers-agricultural-leasing-handbook-grazing-hunting-and-livestock-leases/)This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.
Episode 67: The Truth About Crop and Livestock Insurance Premiums
Given the typical profit-driven nature of insurance, many farmers and ranchers approach crop and livestock insurance with caution. But is the caution necessary? In this episode we explore what sets crop and livestock insurance apart from other types of insurance.For a full transcript of this episode, please click here. (https://farmcommons.org/wp-content/uploads/2023/07/Episode-67_-The-Truth-about-Crop-and-Livestock-Insurance-Premiums_Transcript.pdf)Additional resources: Crop and Livestock Insurance Options for Diversified Operations (https://farmcommons.org/resources/articles/crop-and-livestock-insurance-options-for-diversified-operations/)This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.
Episode 66: Leasing Farmland to Your Farm Business
Have you heard that it's good practice to lease your farmland to your farm or ranch business? Have you wondered why this is and what this would look like? Tune in because we've got answers for you! In this episode, we explore the advantages and disadvantages of this leaseback arrangement, including balancing the upside of the farm business having a “friendly” landlord with the reality that the business might want to pay a fair market rental. We also highlight tax issues and identify key documents and paperwork to ensure the arrangement maintains legal integrity.Recommended resources:* Sample Annotated Long-Term Agroforestry Lease Agreement (https://farmcommons.org/resources/books/long-term-agroforestry-lease-workbook/sample-annotated-long-term-agroforestry-lease-agreement/)* LLC Fundamentals (https://farmcommons.org/resources/books/farmers-guide-to-business-structures-fgbs/llcs-2/llcs/)* Farmers' Workbook for Creating a Governance Document (https://farmcommons.org/resources/books/farmers-workbook-for-creating-a-governance-document/)This work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.
Episode 65: Farmers Respond to Discrimination in Insurance
Federally-subsidized crop and livestock insurance is an important risk management tool available to farmers and ranchers nationwide. However, some farmers may encounter barriers to purchasing a policy or filing a claim due discrimination on the basis of race and ethnicity, as well as other legally protected characteristics discussed in Episode 54: Addressing Discrimination in Crop and Livestock Insurance. (https://farmcommons.org/resources/podcasts/episode-54-addressing-discrimination-in-crop-and-livestock-insurance/) When faced with this reality, farmers may decide that the best solution lies outside of the legal system. In this episode, Kate and Bonita explore real feedback from farmers on how choosing not to engage with a risk management tool can be a resilient decision.This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.
My favorite legal advice podcast for small-scale farmers
Wow - thoughtful, well-researched, and to the point. The producers are passionate about answering every day, pragmatic questions for small-scale farmers. The podcast I didn’t know I needed!