Basics of Farm Employment Written by Annette Dunlap, MBA Extension Associate Ag & Resource Economics NC State University

The Value-Added & Alternative Agriculture Start-up Toolkit Program Outline Federal vs. State Regulations Non-Discrimination in Hiring New Hire Reporting Minimum Wage and Overtime Poster Requirements Field Sanitation Housing Standards Resources The Value-Added & Alternative Agriculture Start-up Toolkit

Federal Regulations Governing Employment Distinction between contractor and employee Eligibility for employment under immigration laws Social Security, Medicare and Federal Income Tax withholding Applicable OSHA regulations The Value-Added & Alternative Agriculture Start-up Toolkit

State Regulations Governing Employment Child labor laws Eligibility for coverage under NC unemployment insurance State income tax withholding Coverage under NC workers’ compensation Applicable state laws for handling harmful substances Applicable laws regarding use of migrant farm workers The Value-Added & Alternative Agriculture Start-up Toolkit

Non-Discrimination in Hiring Federal law prohibits discrimination in hiring based on: race color gender age (over 40 is a protected class) disability national origin The Value-Added & Alternative Agriculture Start-up Toolkit

The Value-Added & Alternative Agriculture Start-up Toolkit You may... Establish job requirements for eligibility for hire, such as: ability to lift a certain weight availability to work non-typical work hours ability to speak a language other than English The Value-Added & Alternative Agriculture Start-up Toolkit

The Value-Added & Alternative Agriculture Start-up Toolkit New Hire Reporting New hires must complete: W-4 for federal withholding NC-4 for state withholding I-9 for eligibility to work in the U.S. The Value-Added & Alternative Agriculture Start-up Toolkit

Overtime Pay Requirements Workers must earn $5.15 per hour (or the equivalent in piece rate pay) Job-related travel time must be compensated Agriculture workers are exempt from federal overtime pay laws if: they are not employed in the Christmas tree industry they do not engage in retail sales work (such as a farm stand) The Value-Added & Alternative Agriculture Start-up Toolkit

The Value-Added & Alternative Agriculture Start-up Toolkit Posters Federal and state laws may require producers to post appropriate posters outlining employee rights in conspicuous places To find out if you must display posters, contact: http://www.dol.gov/osbp/sbrefa/poster/matrix.htm The Value-Added & Alternative Agriculture Start-up Toolkit

The Value-Added & Alternative Agriculture Start-up Toolkit Field Sanitation Required of producers who employ 11 or more workers on any given day, OR who provide housing for one or more workers One field toilet for every 20 workers, or portion thereof Hand-washing facilities Suitable cool, potable drinking water with individual cups The Value-Added & Alternative Agriculture Start-up Toolkit

The Value-Added & Alternative Agriculture Start-up Toolkit Housing Standards Housing must be registered with the North Carolina Department of Labor and inspected 45 days before the migrant farm workers arrive The Value-Added & Alternative Agriculture Start-up Toolkit

The Value-Added & Alternative Agriculture Start-up Toolkit Next Step Resources A more detailed explanation of hiring requirements in North Carolina may be found at: http://ipm.ncsu.edu/Production_Guides/Burley/chptr2.pdf Information regarding discrimination in employment is found at: www.eeoc.gov Information on Social Security withholding is available at: www.ssa.gov. The Value-Added & Alternative Agriculture Start-up Toolkit

The Value-Added & Alternative Agriculture Start-up Toolkit More Resources Federal tax information, including the distinction between a contractor and an employee, can be found at: www.irs.gov State tax information can be found at: www.dor.state.nc.us State labor laws are available at: www.nclabor.com Federal labor laws can be found at: www.dol.gov The Value-Added & Alternative Agriculture Start-up Toolkit