I always tell my business clients that having an employee handbook is imperative. It is, essentially, the laws of the employment relationship. It can be as detailed as the employer would like and can cover anything that might arise affecting the employer/employee relationship. While many state and federal laws govern certain aspects of the employer/employee relationship, a lot is left …
Laws, Rules, & Regulations That May Not Apply To Small Businesses
An extraordinary number of laws, rules, and regulations govern businesses and their employees. A small business, however, may be exempt from one or more of them depending on its number of employees. For example: Discrimination Laws. Small businesses may be exempt from Title VII, the ADA and the ADEA: Title VII. Title VII prohibits employers from discriminating against employees on …
Independent Contractor or Employee: It’s Very Easy to Cross the Line
Many businesses prefer to hire independent contractors because there’s often less overhead and fewer expenses (i.e. taxes). However, classify an employee as an independent contractor and you’re in big trouble. Here’s how to legally differentiate between the two. Who Controls the Worker? This question is not always easy to answer. According to the U.S. Internal Revenue Service (IRS), evidence of …
Illinois Employment Law: Overview of Farm Labor Laws
This expansive outline on farm labor laws was created for the 2018 Illinois Specialty Crops, Agri-Tourism and Organic Conference in Springfield, Illinois. It covers employment classifications (e.g., employer, employee, independent contractor), unpaid farm labor (e.g., internships, apprenticeships, volunteer farm labor, hiring and firing practices, wage and hour laws (including child labor laws), the Family Medical Leave Act, and employee handbooks.
Illinois Employment Law: Sick Leave
Illinois does not require employers to provide sick day benefits to its employees, either paid or unpaid. However, Illinois, of course, is subject to the Family and Medical Leave Act-a federal law. In Cook County and Chicago, effective July 1, 2017, there is a sick leave “ordinance” that goes into effect 180 days after employment begins. This must be posted …
Agriculture Law: Overview of Farm Labor Law Issues
[slideshare id=86116441&doc=farmlaborlaws-whatyouneedtoknow-180113203306] I gave this presentation last week at the Illinois Specialty Crops, Agri-Tourism and Organic Conference in Springfield, Illinois. It gives an overview of labor and employment law issues that affect farms and small to mid-sized agribusinesses. It discuss employee vs. independent contractor classifications, unpaid labor, hiring practices, minimum wage and overtime, child labor, Family Medical Leave Act, employment …
Transcript from Keynote Presentation and Direct Farm Marketing Roundtable
Last fall, I had the pleasure of giving the Keynote address at the University of Tennessee College of Law’s Agriculture Law & Policy Symposium. My presentation from my “National Agriculture Law Update” is found here. I was also on a roundtable discussing direct farm marketing. The presentation materials are found here. Recently, the Tennessee Journal of Law and Policy published …
Idaho’s Ag-Gag Law Struck Down
“Ag gag” refers to anti-whistleblower statutes that prohibit employees from taking pictures and recording video illustrating alleged cruelty to animals, food safety issues, and/or poor working conditions, during the farming process and/or restrict people such as activist and undercover journalists from obtaining illegal access (commonly through job application fraud) onto agricultural operations for this same purpose. I spoke on “Ag …
Some Food for Thought on Interns
Most businesses at one point or another come across the process of hiring interns. The decision to bring on an intern may be easy to take, but whether or not he should be paid is a matter that is more complicated. Many employers believe that as long as you label the person being hired as an intern that paying that …
Outline on Local Food Law
I will be tweeting today from the University of Tennessee! I’m the keynote speaker this morning (whew- that’s fancy! wish me luck) and a panelist talking about local food law. This outline was prepared for today’s panel. It’s chalk full of great info on farmers’ markets, Community Supported Agriculture, on-farm poultry slaughter, volunteer farm labor, etc. What I really love …
Outline on Various Local Food Law Issues
I am a panelist next month in Tennessee and “Agritourism, CSA’s and Direct to Consumer Sales.” This outline was prepared for this panel. It contains both New York and Tennessee nuances. It discusses statistics re local food from the USDA Census of Agriculture and delves into Community Supported Agriculture, Farmers’ Markets, Agrotourism, Volunteer Farm Labor and Employment Law, On-Farm Poultry Slaughter, …
My “Ag Gag” Law Presentation Focusing on Preventative Practices for Farms
I had the opportunity to speak on “Ag Gag” Legislation this past week before the New York State Bar Association’s Committee on Animals and the Law. My presentation focused on procedures for farms to help prevent a problem with undercover surveillance from employees. You can view my presentation below and my handout giving an overview of the laws here. [slideshare id=46222274&doc=aggag-150324092612-conversion-gate01]