Expectations for Employee Conduct

Image of cows in their columns. Image by Edwin Remsberg

5. Expectations for Employee Conduct
Workplace culture/code of conduct (*good-to-have section*)
Are there any general notes you’d like to make about the conduct of your employees and/or the workplace culture that you would like to cultivate? Consider including a list of behaviors that are unacceptable and/or a list of behaviors that are encouraged. You should be careful to note that the list is not exhaustive to avoid jeopardizing the at-will nature of employment, and you should consider including an at-will disclaimer again here (see more information in the “at-will employment” section above).

Conflict resolution (optional)
Is there an established process for addressing conflicts other than those mentioned above – between employees or between employees and management? If so, you can use this section to describe this conflict resolution process. However, do not promise to follow a step-by-step process before termination, such as an oral warning, followed by a written warning, followed by termination; this can create obligations and reduce your flexibility in addressing conflict.

Safety information (*a good-to-have section*)
Is there a separate handbook with safety and health information to point employees to, and/or would you like to include that information, in part or in full, in your employee manual? What are your expectations for safety gear that employees should wear (such as ear protection, safety glasses, personal protective equipment, etc.), and where can such gear be found on the farm? It is also a good idea to use this section to encourage employees to be vocal in asking for what they need to protect their health and safety and that of their co-workers – such as if they need to take longer breaks on hot days. You may want to emphasize here that safety is your top priority on the farm and that having a safe work environment on the farm relies on the input and involvement of everyone on the farm.

Pesticide safety information (*a must-have section*)
You should use this section to indicate where employees can find information on pesticide safety data sheets and application records. You should discuss any general requirements for how employees should handle pesticides, treat pesticide-contaminated equipment or clothing, or act when in or near pesticide-treated areas on the farm. You should also let employees know how they can easily access pesticide decontamination supplies when they are in any location on the farm and detail any procedures they should use for cleaning their clothing, tools, or equipment. For example, let employees know if you have an on-site washing machine available that employees should use to clean any clothing that they have worn while handling pesticides or working in treated fields.

Laws to keep in mind:
If your farm applies any general-use or restricted-use pesticides, including those approved for use on organic farms, you must comply with the federal Worker Protection Standard (WPS). Farms employing only immediate family members are exempt from some, but not all, of the Worker Protection Standard’s provisions.

All covered farms must provide workers and handlers with annual pesticide safety training before they begin handling or working in farm areas treated with pesticides. Only certified pesticide applicators or those who have completed an EPA-approved train-the-trainer course may provide this training to employees (contact UD Cooperative Extension or University of Maryland Extension to learn about upcoming train-the-trainer courses).

In addition, all covered farms must tell workers and handlers how they can easily access each of the following: 1) the required pesticide safety poster, 2) pesticide safety data sheets, 3) pesticide application records, and 4) pesticide decontamination supplies. More information on complying with the Worker Protection Standard is here, and many more details on requirements will be provided when you attend a pesticide applicators’ training or WPS train-the-trainer course.

Food safety (*a good-to-have section*)
Do you have key expectations related to food safety that you expect employees to uphold and want to describe in your employee manual? Do you have a full food safety plan that you want to include in your employee manual appendix or provide separately to your employees? If so, explain your expectations and/or where employees can find your farm’s food safety plan.

Product quality (optional)
Do you want to make general statements about the importance of producing a high-quality product? Are there specific quality or size standards or other product details you want to clarify to employees about the harvest or pack of produce? If so, indicate them in this section or refer employees to guidelines in the appendix or in a separate document.

Cleanliness (*a must-have section*)
Use this section to describe any policies you might have around keeping certain areas of the farm (such as the kitchen, bathroom, retail areas, break room, barn, or vehicles) clean and/or neat. You should describe the location of dumpsters, trash cans, recycling bins, and/or compost. You may also want to outline your policy regarding where employees should go to the bathroom, explain how employees can access appropriate bathroom facilities, and indicate policies around proper hand washing procedures and personal hygiene. If you have policies around washing gear or equipment, describe these as well. Let employees know if certain places on the farm need to stay extra clean or if there are certain places where employees should not eat food or drink non-water beverages.

Public conduct (optional)
Use this section to indicate any specific expectations you have regarding the conduct of employees who are representing the farm in retail settings, with customers or visitors to the farm, and/or during special events.

Social media policy (*a good-to-have section*)
You may want to use your employee manual to convey your expectations related to how employees should use the farm’s social media accounts. You may also want to offer some general suggestions for how employees handle themselves on social media. It is a good idea to alert your employees that they are obligated not to harass or discriminate against others, that extends to their conduct on social media. If employees’ social media accounts identify their employer, it is generally acceptable to ask that they clarify that their posts represent their own opinions and not those of their employer. Note, however, that employees have certain legal protections that safeguard their rights to post information about wages, hours, and working conditions online and be protected from retaliation for complaining about working conditions.

Visitors to the farm (*a good-to-have section*)
Are customers or other visitors typically on the farm? If so, do they need an employee to accompany them, or are there other visitor policies that you want employees to know? Do you permit your employees to have people visit them on the farm? If so, you should outline your expectations related to these visitors.

You should also describe your policy for who should act as a spokesperson for the farm if media or regulatory personnel come to the farm and who permits such personnel to enter the farm premises. You can request that no employees permit visitors to enter the farm before consulting with the farm owner, manager, or other identified individuals on the farm.

Laws to keep in mind:
Note that employees who have housing on the farm may have certain rights around bringing visitors onto the farm. It is also important to be aware that regulatory and law enforcement personnel generally do not have the right to enter private farm premises (i.e., fields or buildings not generally accessible to the public) unless they get permission from someone at the farm, whether or not that person owns or manages the farm. An exception to this rule is that law enforcement personnel may enter private farm premises with a judicial warrant signed by a judge. Presentation of an administrative warrant signed by an administrative official who is not a judge does not convey the legal right to enter farm premises without permission.

Phone policy (optional)
Is it okay for your employees to use cell phones at work for personal reasons – whether urgent or routine? Do you provide cell phones for work-related calls or texts to facilitate communication during the workday, or do you ask that employees use their phones for these work purposes? Are employees allowed to use their work phones for personal purposes?

Sample language:
During working hours, cell phones, messaging, and smart tech (such as a smartwatch) for personal use are prohibited. If you require an exception for an emergency, notify your supervisor and ask for time to address your situation. The company will not pay you to make phone calls and send messages. The use of Bluetooth earpieces is not permitted as it is a distraction and can create a safety hazard. During break time, personal use of phones and other devices is permitted.

Farm property/equipment (optional)
Use this section to indicate any policies the farm has around the use of farm tools and/or equipment, such as explaining which employees are authorized to use which equipment, discussing who has access to different areas of the farm (the farm office, etc.), or describing acceptable uses of farm gas cards, credit cards, petty cash, or other property.

Personal belongings (optional)
You should use this section to indicate that the farm does not assume the risk for loss or damage to personal property. You can also communicate guidelines or expectations for where employees should store valuables or other personal belongings. If you offer lockers or cubbies for your employees to store their belongings, use this section to indicate any specific policies or expectations around how employees use these spaces.

Drug and alcohol policy (*a good-to-have section*)
Indicate your policies around drugs and alcohol use in this section. We recommend against following a step-by-step process before termination, such as an oral warning, followed by a written warning, followed by termination; this can create obligations and reduce your flexibility in how you address drug and alcohol use on the farm.

Sample language:
Alcohol and drug use impair performance and safety, and at our farm, both performance and safety are critical. No employee may be under the influence of alcohol, cannabis, or any illegal drug (including but not limited to Schedule 1 narcotics) while in the workplace, while on duty, or while operating a farm vehicle; such conduct is strictly prohibited and may result in disciplinary action, up to and including suspension without pay or termination. Employees may use physician-prescribed medications provided that such medications do not adversely affect job performance or the safety of the employee and others at the farm.

Tobacco and vaping policy (*a good-to-have section*)
Indicate your policy on tobacco use, including smokeless/chew tobacco, and vaping in this section. Employees should not be permitted to smoke in or around enclosed workplaces. If your farm has designated outdoor spaces where smoking is allowed, describe the permitted areas. Explain if smoking and/or vaping is prohibited. You should also indicate that employees are not entitled to extra break time for smoking.

Laws to keep in mind:
Both Delaware and Maryland state laws mandate that enclosed workplaces must be smoke-free. The laws are intended to protect workers in enclosed workplaces from secondhand smoke exposure.

Zero tolerance violence policy (*a good-to-have section*)
Sample language:
We are committed to providing a violence-free workplace for all employees and have a no-tolerance violence policy. All employees, visitors, volunteers, and others on farm premises are prohibited from causing or threatening physical injury to another person.

Furthermore, possession, use, or threat of use of a firearm, explosive, or weapon is prohibited. No concealed weapon is permitted on farm property or while working as a farm employee. This applies to all employees and visitors whether or not they have a valid permit to carry a concealed weapon.

All employees are responsible for reporting any potentially dangerous situation to a supervisor immediately. Employees who violate this policy may be subject to termination. The farm manager will investigate all reports of workplace violence, and retaliation against anyone who reports acts or threats of violence will not be tolerated.

Dress code (optional)
Indicate any specific requirements you have around what clothes employees wear in the workplace. If you have different expectations for employees performing different job duties (such as when working in the field versus working at the farm stand), it is appropriate to spell this out in your manual. You may also want to mention any specific safety considerations related to jewelry, piercings, long hair, loose clothing, or other dress.

Laws to keep in mind:
Be careful not to include dress code requirements that may impact some employees more than others based on a protected characteristic (such as bans on certain jewelry or hairstyles), except when they address an essential work-related need. For example, it is generally appropriate to request that employees tape jewelry or cover facial hair to meet GAP food safety requirements, even though these requirements may impact employees differently based on gender. If you require employees to wear uniforms (or particular items of clothing), note that there are legal restraints on requiring your employees to pay for or launder them.

Work pace (optional)
Employees’ work efficiency is key to farm profitability. Thus, many employers use their employee manual to emphasize and convey clear expectations about the work pace expected from employees. Do you have policies around specific distractions during work that you want to mention in this section, such as wearing headphones or talking on phones (if not already described above)? You may also want to indicate your expectations for how employees should maintain pace when conversing with their co-workers. Being able to have positive social interactions with co-workers is crucial to many employees’ feelings of satisfaction in their jobs. Still, employees must understand the need to work efficiently even when talking with co-workers.

Animal care and treatment (optional)
If you have livestock on the farm, do you want to specify who at the farm is trained and authorized to interact with farm animals in different ways? you may wish to explain your general expectations for animal care and treatment to ensure safety of both human and animals; and humane care of the animals. For employees who do not usually interact with farm livestock, are there situations that you still want them to be aware of, like damaged fencing, escaped animals, animals acting erratically, or animals that appear sick? If so, indicate how you would like employees to respond to such situations and/or to whom they should report such observations.

Sexual harassment and discrimination prevention policy (*a must-have section*)
All employee manuals should include policies against workplace sexual harassment and discrimination, which can be separate policies or can be combined into one. Policies to help prevent and address sexual harassment and discrimination are key to fostering a positive and respectful workplace environment, increasing employee productivity, and helping prevent litigation based on employment discrimination complaints. If employees on your farm perceive that they are being discriminated against or sexually harassed, they must know how to report these concerns to you to help you address any issues as soon as they arise.

Laws to keep in mind:
State law also encourages employers to provide sexual harassment and discrimination training for all employees within one year of their hire. It also encourages additional training for supervisory employees that outlines their specific responsibilities as supervisors and the methods they should take to ensure immediate and appropriate corrective action in addressing reports. Legally, an employer is liable for workplace discrimination if any managerial or supervisory staff knew or reasonably should have known about the discrimination and failed to stop it. Training supervisory staff and/or workers can help prevent workplace discrimination and can also offer some legal protection if discrimination does occur. Please contact the University of Delaware Cooperative Extension or the University of Maryland Extension if you would like help providing such training to your employees.

Sample Policy:
Discrimination and Sexual Harassment Policy
I. Introduction
It is the goal of our farm to promote a workplace in which all employees are treated with respect. Sexual harassment of employees occurring in the workplace or in work-related settings is unlawful, as is discrimination or harassment on the basis of an employee’s race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, age, disability, genetics, or active military or veteran status. We will not tolerate any such discrimination and harassment, nor will we tolerate any retaliation against an individual who has complained about, or cooperated with an investigation of, discrimination or harassment. This policy outlines types of conduct that will not be tolerated and explains the procedure by which inappropriate conduct will be dealt with, if encountered by employees.
We will respond promptly to all reports of discrimination or harassment, and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.
Please note that while this policy sets forth our goals of promoting a workplace that is free of discrimination or sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of discrimination or sexual harassment.

II. Definition of Discrimination
In Delaware, the legal definition of workplace discrimination is as follows:
“It shall be an unlawful employment practice for an employer to":
(1) Fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual's race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, or national origin; or

(2) Limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee because of such individual's race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, or national origin.” 19 Del. C. § 711(b)(1)-(2).

In Maryland, the legal definition of workplace discrimination is as follows:
“An employer may not":
(1) fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of:

(i) the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or
(ii) the individual's refusal to submit to a genetic test or make available the results of a genetic test;

(2) limit, segregate, or classify its employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee because of:

(3) request or require genetic tests or genetic information as a condition of hiring or determining benefits;

(4) fail or refuse to make a reasonable accommodation for the known disability of an otherwise qualified employee or an applicant for employment; or

(5) engage in harassment of an employee.” Md. Code Ann., State Gov't § 20-606(a).

III. Definition of Sexual Harassment
In Delaware, the legal definition of workplace sexual harassment is as follows:
“Sexual harassment of an employee is an unlawful employment practice when the employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an employee's employment;

(2) Submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or

(3) Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment.” 19 Del. C. § 711A(c).

In Maryland, the legal definition of workplace sexual harassment is as follows:
"Sexual harassment” includes conduct, which need not be severe or pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature when:
(1) submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual;

(2) submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or

(3) based on the totality of the circumstances, the conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive or hostile. (Md. Code Ann., State Gov't § 20-601(k)).
Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating to male or female workers may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which if unwelcome, may constitute sexual harassment depending upon circumstances such as the severity and frequency of the conduct:
Unwelcome sexual advances -- whether they involve physical touching or not

Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life; comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess

Displaying sexually suggestive objects, pictures, cartoons

Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments

Inquiries into one's sexual experiences,

Discussion of one's sexual activities

IV. Reports of Discrimination or Sexual Harassment
If any of our employees believes that they have been subjected to discrimination or sexual harassment, the employee has the right to file a report in writing and/or orally. If you would like to make a report you may do so by contacting:

[Insert name, address, and phone number of the appropriate individual(s) to report to.]

We are also available to discuss any concerns you may have and to provide information to you about our policy on discrimination and sexual harassment and our reporting process.

All employees should take special note that, as stated above, retaliation against an individual who has complained about discrimination or sexual harassment, and retaliation against individuals for cooperating with an investigation of a discrimination or sexual harassment report, is unlawful and will not be tolerated at our farm.

V. Investigation of Discrimination or Sexual Harassment Reports
When we receive a report, we will promptly investigate the allegation in a fair manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent that is feasible under the circumstances. Our investigation will include a private interview with the person filing the report and with witnesses. We will also interview the person alleged to have committed discrimination or sexual harassment. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the report, as well as the person alleged to have committed the conduct, of the results of that investigation.

If it is determined that inappropriate conduct occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate we will also impose disciplinary action.

VI. Disciplinary Action
If it is determined that inappropriate conduct has been committed by one of our employees, we will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment, and may include such other forms of disciplinary action as we deem appropriate under the circumstances.

VII. State and Federal Remedies
In addition to the above, if you believe you have been subjected to discrimination or sexual harassment, you may file a formal complaint with the government agency or agencies below at any time within 300 days of the incident. Using our farm’s reporting process does not prohibit you from filing a complaint with these agencies.

For Delaware:
The United States Equal Employment Opportunity Commission (EEOC) – Address: 801 Market Street, Suite 1000, Philadelphia, PA 19107-3126. Phone: 1-800-669-4000; TTY: 1-800-669-6820; ASL Video Phone: 844-234-5122 email: PDOContact@eeoc.gov

The Delaware Department of Labor – Claim can be filed by completing this form (https://labor.delaware.gov/divisions/industrial-affairs/discrimination/file-a-charge)
and filing at any DDOL office (https://labor.delaware.gov/office-locations/)

.
For Maryland:
The United States Equal Employment Opportunity Commission (EEOC) – Address: GH Fallon Federal Building, 31 Hopkins Plaza, Suite1432, Baltimore, Maryland 21201 Phone: 1-800-669-4000; TTY: 1-800-669-6820; ASL Video Phone: 844-234-5122

The Maryland Commission on Civil Rights – Address: 6 St. Paul Street, 9th Floor, Baltimore, Maryland 21202 Phone: 1-410-767-8600

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This material is based upon work supported by USDA/NIFA under Award Number 2021‐70027‐34693, and is funded by the NE Risk Management Education Center.