General Employment Information

2. General Employment Information-

Laws to keep in mind:

Note that the federal Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires the following information to be disclosed in the language of the worker and posted at the site of employment: rates of pay and other benefits; period and place of employment; crop information; worker’s comp information; transportation arrangements; and housing conditions. “Migrant” workers (i.e., workers who do not permanently reside near the farm) must also receive written disclosure at their time of recruitment, and “seasonal” workers who reside locally must receive verbal disclosure at their time of hire.

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Employment categories (optional)

Do you have different categories of employees that are important to distinguish in your manual because they have different policies that apply to them or for other reasons (e.g., part-time vs. full-time, seasonal vs. year-round, exempt vs. non-exempt, hourly vs. salaried, field vs. retail crew, H-2A workers vs. non-visa employees, or apprentices vs. other employees)? If so, you may want to include a separate section to explain the distinctions between these categories, or you may find it easier to describe the specific differences in how policies apply to different categories of workers as part of other sections in your manual. 

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Overtime (optional)

Indicate which of your workers will be exempt from overtime pay and which will be subject to overtime pay. Is it always the same workers, or will there be weeks when specific tasks could subject some workers to overtime? You may choose to specify that non-routine overtime (which falls outside of the crew’s regular work schedule) must be pre-approved, but note that you cannot state that failure to pre-approve overtime will result in its forfeiture.

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In Maryland, workers will be legally exempt from overtime under federal Fair Labor Standards Act (FLSA) and Maryland Labor and Employment code if the farm meets any of the following requirements:

• Used no more than 500 agricultural-worker days per quarter in the preceding year, 

• Engaged principally in the range production of livestock, or

• Employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been and is customarily recognized as having been paid on that basis and meets either of the following conditions:

  • Commutes daily from their permanent residence and in the preceding year was engaged less than 13 weeks, or 

  • The individual is under the age of 17, is employed on the same farm as a parent or guardian, and is paid at the same rate as an employee who is at least 17 years old on the same farm.

• Engaged in canning, freezing, packaging, or the initial handling of perishable or seasonal fresh fruits, vegetables, horticultural products, poultry, or seafood.

• If such an employee is the parent, spouse, child, or other member of his employer's immediate family. 

 

All other farm workers in Maryland who do not meet an exemption will be entitled to overtime pay after working 60 hours in one week.

 

Delaware has no specific state overtime law provisions, and farm employees will fall under the FLSA exemptions for agricultural workers.  These exemptions include:

• Agricultural employees who are immediate family members of their employer

• Used no more than 500 agricultural-worker days per quarter in the preceding year, 

• Engaged principally in the range production of livestock, or

• Employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been and is customarily recognized as having been paid on that basis and meets either of the following conditions 

  • Commutes daily from their permanent residence and in the preceding year was engaged less than 13 weeks, or 

  • The individual is under the age of 17, is employed on the same farm as a parent or guardian, and is paid at the same rate as an employee who is at least 17 years old on the same farm.

 

Paying employees on a salary basis does not mean they are exempt from overtime. A small subset of salaried farm workers may qualify as exempt from federal and state overtime requirements if they are executive, administrative, or sales employees. To qualify for any of these exemptions, a worker must perform specific duties, be paid on a salary basis, and be paid a minimum salary of at least $684 per week to remain overtime exempt. A worker may qualify for the executive exemption if their primary duty is to manage a farm enterprise or subdivision of the enterprise, direct the work of at least two employees, and have significant authority to hire and fire employees. A worker may qualify for the administrative exemption if their primary duty is office or non-manual work directly related to farm management or business operations, and the job requires them to exercise discretion and independent judgment concerning matters of significance. A worker may qualify for the sales exemption if their primary duty is making sales and they customarily and regularly engage in work away from their employer’s place of business.

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Work schedule (*a good-to-have section*)

Describe the typical work hours of different employees and paid and/or unpaid meal or rest breaks. Include days of the week, time of typical work hours, notes about when work hours might flex, and what seasonal employees can expect as far as the dates or date ranges on which their employment will start and end.

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Laws to keep in mind:

Maryland law does not require employers to pay rest or meal breaks for employees unless the employee is under the age of 18. Employees under 18 must receive a 30-minute break for every 5 hours of work. Additionally, if the employer chooses to provide the break, they must comply with federal rules. 

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In Delaware, employers are required to provide employees working for 7.5 hours or more with a 30-minute meal break, which may be unpaid. This break must be provided sometime after the first two hours of work and before the final two hours. However, exceptions to this law apply in certain circumstances:

• If compliance with law would jeopardize public safety;

• If the duties of a position can only be performed by one employee; 

• If the employer has fewer than five employees on a shift at a single business location (with the exemption limited to that shift); or 

• If the nature of the employer's operations necessitates employees to be available to respond to urgent or unusual conditions at all times, such as in chemical production or research experiments, and these employees are compensated for their meal break periods.

 

In Maryland, employers are not mandated to compensate employees for merely reporting to work without performing any tasks. Similarly, employers are not mandated to provide a minimum number of hours of pay if they release employees from work before their scheduled shift ends. Employers are solely required to remunerate employees for the hours they have actually worked. Delaware law does not require employers to pay employees for reporting and showing up to work if the employees have not actually worked. 

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The only case in which this legal requirement does not apply is when employees are exclusively engaged in growing and harvesting tasks on a small farm that is not covered by the FLSA.

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Sample Language:
Employees’ regular work hours may differ by role and location. Full-time employees typically work Monday through Friday from 9:00 AM to 5:00 PM, with flexibility based on project demands. Part-time employees have variable shifts. Employees may be provided with one hour paid or unpaid breaks for employees over 18, but those under 18 must receive a 30-minute break for every 5 hours worked. Compensation is based on only for actual hours worked, without obligations for reporting time pay unless exception applies.

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Attendance policy (*a good-to-have section*)

This section should indicate your requirement for when and how employees must provide notice when they will be absent from work or when they will be late to work. You may also want to explain what happens when employees are absent from or late to work without giving adequate notice, such as in the event of a no-call/no-show and/or voluntary resignation.

 

Laws to keep in mind:

Please refer to the “Leave” section below to ensure that your attendance policy does not conflict with laws mandating that employees can take sick time, emergency family or medical leave, etc.

 

Sample language:

All employees are expected to show up on time and meet their regular work schedules except in cases of illness, emergency, or pre-arranged, approved absences. Poor attendance, tardiness, or leaving a shift early without authorization may result in disciplinary action, including termination. Please call, email, or text your supervisor as soon as possible, by 7 am on that workday, if you have to show up late or miss work for any reason. Failure to report for work on three consecutive days without notification to the supervisor will be considered a voluntary resignation. Good attendance is critical to the efficient operation of our farm and maintaining a solid atmosphere of teamwork, where work is distributed fairly among employees, and we all contribute to getting the job done.

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Payroll (*a good-to-have section*)

Let employees know when they will receive paychecks and how they will be expected to record their hours. In this section, it is also good to explain payroll deductions (mandatory types and/or discretionary deductions). If you offer employees a standard starting pay rate, indicate that in this sectionand any standard process for increasing wages. If the farm offers higher wages for certain shifts (nights, weekends, etc.), you can include that here.

 

Laws to keep in mind:

In Maryland, employers are obligated to pay their employees at least biweekly or semimonthly on regular paydays. However, individuals categorized as executive, professional, or administrative employees may receive payments less frequently.  It is important to note that employees' Social Security Numbers (SSN) should not be displayed on their paychecks, pay statements, or direct deposit notifications. In the event that a scheduled payday falls on a non-working day, employees must be paid on the workday before. Additionally, employers are required to provide employees with a statement detailing their earnings and deductions for each pay period.

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In Delaware, employees must be paid all wages within 7 days from the close of each pay period. 

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With minimal exceptions, payroll deductions that are not legally mandatory or employee-authorized for their benefit (such as health insurance) are not allowed in Maryland. For example, court-ordered deductions (such as for child support) and deductions for wage advances, long-distance calls (on a work-provided phone), personal loans, and employee-authorized deductions. 

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In Delaware, deductions are allowed if the employer has signed authorization by the employee that are lawful and accrued to the benefit of the employee and any deductions for medical, surgical, or hospital care or service, without financial benefit to the employer, and are openly, clearly and in due course recorded in the employers' books.  

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Personnel records (*a good-to-have section)

Let employees know they are responsible for notifying the farm of changes in name, address, phone number, emergency contact, marital status, number of dependents, or other information that may affect employment records. Incomplete information could cause inappropriate amounts of tax to be withheld from paychecks, create difficulties in notifications in the case of an emergency, or interrupt family benefits. Consider notifying employees here that they can request access to their personnel records anytime.

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Laws to keep in mind:

Maryland law requires employers to keep and preserve employees' records for a period of 5 years from the last day of the calendar quarter to which the records relate. In Delaware, employees' records must be kept for 3 years. Records for each employee should generally include name, address, social security number, date of birth, job title and description, job application and resume (or other form of employment inquiry), gross and net wages for each pay period, hours worked each day, dates worked, rate of pay and any other compensation paid, deductions made from wages, method of payment, vacation pay, sick time accrual, any fees or amounts charged to the employee, and any documents about employee performance. Maryland law does not expressly provide private sector employees with the right to access their personnel records. 

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In Delaware, employers must allow employees to review their personnel files upon request within a reasonable timeframe. These files include information used to assess eligibility for employment, advancement, compensation, termination, or disciplinary actions. Records available for inspection include job applications, wage details, commendations or warnings, authorization for wage deductions, fringe benefits, leave records, work history (including salary and position changes), retirement information, attendance records, performance assessments, and medical records. However, certain records, such as those related to criminal investigations, letters of recommendation, materials for legal proceedings, or future business strategies, are not accessible to employees. Additionally, information covered by the Fair Credit Reporting Act (FCRA)is not included in this provision.

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Weather expectations (optional)

You may want to note in your employee manual that farming often occurs during inclement weather. Are there certain types of weather in which employees will not do certain types of work? Are there certain types of gear that employees will be expected to have to enable them to work in certain types of weather? How much notice will they have regarding weather-related changes to work hours or job tasks? You may want to outline common situations that may be affected by the weather and indicate whose responsibility it will be to decide whether to change work hours or job tasks.

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Transportation (optional)

Are employees responsible for getting themselves to work? Does the farm help arrange transportation or coordinate carpooling? Do employees use their vehicles, farm vehicles, or both during the workday? Do you want to spell out any expectations or requirements for employees who drive farm vehicles – such as having a clean driving record, carrying their driver’s license with them whenever operating farm vehicles on public roads, or other considerations? Employees must maintain a satisfactory driving record and always carry their driver’s license while operating farm vehicles on public roads. Compliance with all Driving Under the Influence (DUI) laws is mandatory. The policy should outline disciplinary actions, including possible termination of employment, for any employee found violating DUI regulations. These measures are essential for ensuring a safe and efficient working environment in accordance with our best business practices
 

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