Treating employees well is not only the right thing to do, it’s also the law. Richard Stup, Ph.D., director of Cornell Agricultural Workforce Development, presented “Employment Laws You Need to Know” at the recent Operations Management Conference hosted by Cornell PRO-DAIRY and the Northeast Dairy Producers Association.
“Employment law is just so important,” Stup said. “Usually, no one tells you what employment laws are when you get promoted to a position where you’re leading employees.”
He added that supervisors “create the daily work experience for employees,” meaning that how the supervisors act and interact with employees greatly shapes their day.
Stup encouraged farmers to seek the help of a competent labor law attorney for questions about their situation and stated that presentations like his are for educational purposes only. Laws vary state by state. In New York, employment law is more “protective” of employees’ welfare on issues such as minimum wage, anti-discrimination and sexual harassment, for example. “It supersedes federal law,” Stup said.
Federal law does not authorize farm unions; however, New York farm unions have been possible since 2020. In the same year, New York began mandating overtime pay for farm workers.
Because the legal steps in recruiting and hiring employees can be complex for those not well-versed in human resources regulations, Step urged farmers to make a checklist of those steps to ensure each employee is treated the same. That kind of consistency can go a long way in protecting a farm against a lawsuit if applicants or employees later feel they have been treated unfairly. Such documentation can help prove that every person applying for work and undergoing the hiring process is treated uniformly.
Stup also said that farm owners must stay abreast of the latest labor posters required by each state. In New York, for example, employers face a fine of $300 per poster when out-of-date posters are still hanging in the workplace.
Stup has heard about arrests of people involved in illegal immigration at three to four times the usual rate under the Trump Administration compared with the Biden Administration; however, he said that it’s enforcement of existing laws. Farms should not worry if they’re verifying that every person hired is eligible to work in the U.S. by reviewing documents the employees provide to establish both their identity and work authorization.
They have to “reasonably appear authentic and pertain to that employee,” Stup said.
Each employee must fill out an I-9 form within three days of hiring, along with information provided by the employer. Although employers are required to view employee IDs, they’re not legally required to obtain photocopies of them. Stup thinks it’s a good idea to get them, though, as long as the employer consistently takes photocopies of IDs from all new hires.
Employers must provide a list of acceptable I-9 proofs of identification but should not tell employees which one to provide. The list offers three columns. Employees may choose one from column A or choose one each from columns B and C.
Farmers can download a Spanish version I-9 to help native Spanish speakers better understand the English form, but only the English version may be turned in.
Employers need to stay current with their state’s minimum wage. “It someone didn’t get an increase, they’ll be receiving back pay,” Stup said.
New York requires that employees provide farm laborers one day of 24 consecutive hours of rest per seven-day period. If the weather changes and that affects the farm’s operation, that day can be moved within that week.
“If they want to work the seventh day, you must pay overtime,” Stup said.
New York defines a farm laborer as someone who works on a farm as an employee, unless they are a family member related to the third degree of consanguinity or affinity and working on the farm out of familial obligations and are not paid wages or other compensation. Farmworkers include full- and part-time, foreign guest workers, interns and apprentices.
Stup said that some farmers believe that paying employees as salaried workers is one way to avoid overtime pay; however, “if you pay a salary and they work 56-plus hours, you have to pay overtime.”
Overtime exempt employees include those who are farm executives, administrators and professionals. People in these categories may assign work, oversee work, make hiring and firing decisions and typically have a background and education that helps them with their work.
New York employers must provide in notice in writing the Form LS 309 Pay Notice and Acknowledgement for Farm Workers form and update it if making a substantial pay change. Employers should hold onto the completed form for six years.
“It is good to keep good payroll systems,” Stup said. “You can keep it on paper but look at the electronic system. Some start their day in the field and can clock in on their phone.”
Payroll records should include hours worked (regular and overtime); rates of pay (regular and overtime); how the employee is paid, such as by the hour or by the shift; pay at the piece rate must show what rates apply and the number of pieces at each rate; employer’s gross and net wages; itemized deductions; and itemized allowances and credits claimed by the employer, if any, like tips, meal and lodging allowances or credits.
Employers should also keep payroll records for six years.
Stup said that although there aren’t many labor unions on farms, the concept isn’t going away. It’s vital for employers to follow the laws regarding the formation of labor unions and not discourage employees from joining them. Farm owners need to treat employees the same whether they join a union or not.
“Because many employees live on the farm, there’s a temptation to restrict access,” Stup added. “You can’t keep everyone out. You could offer office space from 2 to 4 each day, for example.”
Stup said that if farm employers want to avoid a union, they should “create a work environment where employees feel they have a voice, fair treatment, safety, reasonable work hours, good wages, good housing conditions, positive relationships with farm managers and owners and, most importantly, treat people with respect.”
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