Our weekly update of news and upcoming events. Happy Friday!Read More
Happy Friday everyone. Here is our weekly roundup of news and upcoming events.Read More
Like many from agriculture families, I grew up working summers or even weekends on my family’s dairy. Working as a 12 year old may seem foreign to many but in the agriculture industry, it is a very common practice. Have you ever been in a situation where you had to ask, “Is this legal?” or “Are there laws I should know about in order to have the neighbor kids work here over the summer?” If you have, you are not the first and if you haven’t, you’re also in for a treat! Today I will go over basic laws and regulations of child labor in the agriculture industry so you can make sure that you’re protecting yourself and farm operation.Read More
Complying with federal and state labor laws can be complicated matters for not only agricultural producers but any business operator. One aspect of federal labor law is verifying the individual is eligible to work in the United States. On June 22, Dr. Shannon Ferrell, Oklahoma associate professor of agricultural economics, Department of Agricultural Economics, Oklahoma State University,will cover this topic and touch upon other issues related to federal labor laws. The webinar is open to all and is free. The webinar will be recorded for those unable to attend.Read More
Editor's Note: Today we attempt something a little different and take a break from Paul and Ashley posting. The following article was written by Kristi Kress Wilhelmy, a partner at Barrett, Easterday, Cunningham & Eslegroth, LLP in Dublin, OH. We would like to thank Kristi for allowing us to repost this timely article on the Occupational Safety and Health Administration's (OSHA) small farm exemption and the confusion that surrounds it. The following article first appeared in the Ohio Country Journal on July 28th, 2014.
Updated August 5: On July 29, 2014, OSHA issued a new memorandum regarding the limits of its authority to conduct enforcement activities on small farms. In the new memorandum, OSHA acknowledges that the onsite storage of grain grown on the small farm is an activity related to the farming operation and that engaging in such activity does not subject a small farm to OSHA enforcement. Likewise, storing and grinding grain to be fed to livestock on the small farm is an exempt activity. OSHA continues to explain, however, that not all activities on a small farm are exempt from OSHA enforcement. If an employer performs activities on a small farm that are not related to the farming operation or activities that are not necessary to gain economic value from the products produced on the small farm, such activities are not exempt from OSHA enforcement. For example, OSHA states that if a small farm stores grain that has been grown on other farms, the grain handling operation is not be exempt from OSHA enforcement. Similarly, OSHA notes that food processing operations conducted on the farm (e.g., making cider from apples grown on the farm or milling into flour grain grown on the farm) are not exempt from OSHA enforcement.
The oft discussed acronym OSHA continues to be an issue for farms and there is still confusion as to what is exempt from inspection and what is not.Read More
William Pons recently finalized a publication detailing the Federal and Maryland state laws relating to agricultural labor issues. The publication is entitled A Guide to Agricultural Labor Laws: How Best to Comply with the Relevant Federal and Maryland State Standards, and is available on the Agriculture Law Education Initiative’s website.Read More