Farm Commons

Hannah Hamilton and her husband, Jim Buckle, are committed to raising healthy, vibrant soils and food at their farm in Unity, Maine. Almost a decade in business has taught them important lessons about business resilience, healthy relationships, and how to think about failure. In this episode, Hannah shares about The Buckle Farm’s journey toward forming a limited liability company (LLC), and why this formal business structure represents a renewed commitment to the land they love in addition to providing personal asset protection. Farm Commons is grateful to have worked with Hannah as a co-presenter of our Discovering Resilience workshop with MOFGA in 2020 and as a member of the 2022 Farm Commons Fellows leadership program.Check out The Buckle Farm to follow Hannah and Jim's story.

Discrimination pervades many areas of life, and agriculture is no exception. While discrimination in the areas of farmland access and agricultural lending are well documented, discrimination in insurance is not often addressed. If you’ve encountered issues purchasing or updating a federal crop or livestock insurance policy, or had a claim denied when a peer with similar circumstances had theirs approved, you may be wondering if discrimination is at play. In this episode we take a hard look at how discrimination can occur at the stages of purchasing, updating, or making a claim on federal crop and livestock insurance, and what you can do about it. You’ll walk away from this episode understanding how to spot discrimination and options for filing a complaint and moving forward if you suspect discrimination has occurred. Additional resources:RMA Agent LocatorThis material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Running payroll can be a confusing and frustratingly bureaucratic process for farmers and ranchers attempting to do it independently, but it doesn't have to be! In this episode we explore ways that farmers and ranchers can alleviate the administrative burdens of payroll. We discuss the pros and cons of solutions like payroll services, DIY payroll, and cross-farm cooperatives. Additional resources:Publication 51- Agricultural Employer's Tax GuideFarmers' Guide to Shared Labor ArrangementsThis work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

As a self-employed farmer or rancher, you’re likely no stranger to health insurance policies. However, with high costs and unclear coverage, you may find you lack protection for work-related injuries. In this episode we explain the pros and cons of private health insurance and workers’ compensation, providing insights into how the two policies can work together.This material is funded in partnership by USDA, Risk Management Agency, under award number RMA22CPT0012392.

Working interviews, also known as trial interviews, can be an excellent way for both employers and prospective employees to learn if a job is the right fit. Tune in to learn about some risk management techniques to consider when using working interviews on your farm or ranch! In this episode we revisit the fact that anyone who does the work of a for-profit business is likely an employee, and we explore what that means for prospective employees during working interviews.Action steps:Read our Selected Essentials in Farm Employment Law to learn the laws in your stateSign up for our Advanced Farm Employment Law course to learn the best practices of hiring employees

While Whole Farm Revenue Protection and the new Micro Farm Policy option provide more flexible crop insurance coverage options for small scale diversified farms, there are still crops that remain outside of coverage bounds. This is the case for foraged and wild foods products-- those ramps, wild mushrooms, pawpaws, nuts, and medicinal herbs growing wild but made available on the market by foragers. Many farmers and ranchers forage for these plants as there is a viable market willing to pay top dollar for these special products. However, these wild foods, just like row crops, are at risk of failure due to climate, disease, and pest pressure. So what can producers do to manage the risk of lost revenue from wild foods products? We’ve got 3 best practices to share with you in this episode. Recommended resources:Episode 47: Crop Insurance for Diversified Farms and Ranches RMA Crop Insurance Database Fill out this short survey to share your thoughts with us! https://questionpro.com/t/AOj0MZvOcE

The answer to questions like "Can I have an intern on my farm?" and "Does it matter what I pay them?" is actually quite straightforward. Before we get there, though, we clear the air about what an intern is in the eyes of the law and guide farm and ranch business owners through understanding whether their "intern" is actually a legal employee.Action steps:Read the Farmers' Legal Guide to Intern and Volunteer ProgramsThis work is supported by the Farm and Ranch Stress Assistance Network (FRSAN), grant no. 2021-70035-35372/project accession no. 1027099, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

The H-2A temporary agricultural program allows US farm employers to hire workers from other countries to fill labor gaps on their farm or ranch. It can be an effective option for some farmers, as farmworkers are increasingly difficult to find domestically. But the program comes with additional costs, legal obligations, and ethical considerations that interested farmers need to understand. Tune in to learn if H-2A is a viable solution for your business!Additional Resources:Is H-2A a Solution for Your Farm? (video)Farmers' Guide to In-Kind WagesFarmers' Guide to Hiring Obligations

As the climate becomes more unpredictable, crop insurance becomes more valuable and necessary. For diversified producers, however, it hasn’t been easy to find. The good news is there is a new crop insurance option out there just for you! In this episode we’ll get you up to speed on Whole Farm Revenue Protection crop insurance and the new Micro Farm policy that is available to farmers and ranchers nationwide. Executive Director and attorney Rachel Armstrong brings us through the Micro Farm crop insurance policy, helping you decide whether it’s a good option for protecting your crops and value added goods.Share what you learned in this episode with us by filling out a 1-minute survey and enter to win a $50 Visa Gift Card here! Recommended Resources:Micro Farm Factsheet: https://www.rma.usda.gov/en/Fact-Sheets/National-Fact-Sheets/Micro-Farm-ProgramRMA Cost Estimator: https://ewebapp.rma.usda.gov/apps/CostEstimator/Estimates/DetailedEstimate.aspx

Unintentional or intentional discrimination can happen on farms and ranches, especially in the hiring process, but it’s something everyone has the power to manage and avoid. In this episode, we zoom in on avoiding discrimination during interviews with prospective employees. Staff attorney Chloe Johnson walks us through some of the dos and don'ts of interviewing, including questions to avoid.Further resources:Read the Farm Employment Law Essentials for your stateTake Farm Commons’ Advanced Farm Employment Law Course to build holistic, sustainable legal solutions for your farm’s employment program. Register at www.farmcommons.org.

Paying employees via salary, rather than an hourly wage, can be an enticing option for some farm business owners. It’s a way to avoid costs and simplify payroll. But this approach requires legal consideration. In this episode, we explain how paying employees via salary can be a strategic option for farmers and ranchers who are required to pay overtime. Under federal law, agricultural laborers are exempt from receiving overtime pay for hours worked over 40 in a week. However, as a farmer you might find yourself in a situation where you lose that exemption and do, in fact, owe overtime pay to employees. In that case, salary may be a strategic way to fairly compensate employees while keeping costs low.Do you owe your employees overtime pay? Can salarying your employees help your business? Listen to this episode to find out!Further resources:Read the Farm Employment Law Essentials for your stateRegister for our Advanced Farm Employment Law course to build a sustainable employment program at your farm

Leasing farmland is exciting. Getting onto farmland to begin or expand your farm business is a significant opportunity. However, the actual leasing process can be a bear — but it doesn’t have to be. In this episode, staff attorney Sarah Vaile breaks down what a lease is, how it functions, and the creative power you have to shape how it works. We also dive into New Hampshire farmland leasing laws as an example of how state law applies. Farmers and ranchers in all 50 states will walk away from this podcast with a greater understanding of the legal mechanics for farmland leasing, whether for the short term or the long haul. Recommended resources: Checklist of questions to address in your farm lease Sample Annotated Long-Term Agroforestry Lease Agreement (useful for short term leases too!)

In this episode, we dive into the surprising efficiencies and improvements that farm employee handbooks can provide for your farm or ranch operation, featuring New Hampshire state specific examples. Whether you’re interested in establishing work expectations for bad weather, equitably managing requests for days off, or creating a disciplinary procedure, the farm employee handbook is a tool for it all. They set reasonable, realistic expectations up front, for everyone. They guard against discrimination. They manage unemployment insurance claims. The farm employee handbook is a multi-functional tool that will increase the legal resilience of your work team. Tune in to learn how and why. Suggested Resources: Model Farm Employee Manual Avoiding Discrimination in Employment for Farm and Ranch Businesses Episode 42: Avoiding Discrimination in Hiring and Firing on New Hampshire Farms 

In this episode, we explore a hard topic in employment law — discrimination in hiring and firing on the farm, specific to New Hampshire law. While many farmers would never consider their employment practices discriminatory, the truth is that legal discrimination can creep in on even the most well intentioned farms. This is because there are personal characteristics that are protected by law. These include federally protected characteristics of age, health condition, race, religion, ethnic identity, sex and gender, as well as New Hampshire protected characteristics of smoking and crime and domestic violence victims. If an employment decision is made on the basis of these characteristics, even if indirectly, there is the potential for a legal claim of discrimination. Tune in to learn how to identify and avoid (accidental) discrimination in employment law on your farm so that you can manage your workforce with confidence.

Your business structure can be a revolutionary tool for organizing towards farm goals, and this is especially the case when farming together in pursuit of meeting shared needs and goals. In this episode we explore top business structure options for folks farming together: the corporation, limited liability company, and the cooperative. We discuss the basic format and responsibilities of each, and provide key legal considerations to help you and your partners make the best decision together. Recommended resources: Farmers’ Guide to Business Structures Farm Business Entity Flowchart

Many romantic relationships and marriages are founded on a mutual admiration and desire for a farming lifestyle. Spouses farming together can live out shared values and goals through their work. Even where one person is the primary farmer, spouses often get pulled in to help out. Farming with a spouse, whether a true co-ownership or the occasional help, can make things more fun while navigating learning experiences and celebrating successes together. Of course, there’s two sides to every coin. Farming together can introduce new challenges, as people have different work ethics, communication styles, and expectations, as well as different appetites for legal risk. These differences can cause abundant stress, and managing stress for farming couples is essential. When not addressed, stress can destroy not just the couple/marriage, but the farm business too. In this episode, we discuss the powerful role of paperwork in managing farm stress through 3 key paperwork processes that you can begin implementing right awa

When farming with family, whether relatives, spouses, or both, there are 3 key legal topics to discuss together that will set the stage for how the farm business evolves as family members enter (through marriage or otherwise) and exit (via career change, divorce, disability, or just because): (1) decision making, (2) role and responsibilities, and (3) ownership vs. employment. In this episode, we cover all this and more (including the role of a little something called a marital property agreement), while walking you through key reflections and action steps for creating paperwork processes that will set the business and your family relationships up for success. Recommended resources: Read: Farmers’ Guide to Business Structures Watch: The What, Whys, and Hows of Choosing a Business Entity for the Farm

This is an extra special episode where we explore alternative land access models with Ian McSweeney, Director of the Agrarian Trust. Ian has extensive experience in environmental education, real estate, farmland preservation, connecting farmers to land, and fundraising to support agrarian economies. In our discussion we cover the ins and outs of land trusts – what they are and what they do, agricultural easements – how they work and how they differ from conservation easements, and how the AT’s Agrarian Commons model of farmland access works on the state level to secure land holdings for agricultural use in perpetuity at an affordable rate for farmers. Of course, transfer of property means transfer of money, so we also touch on the fundraising and revenue generation aspects that makes the Agrarian Commons model a well-run reality. Big questions we explore are: why work with a land trust to preserve or access farmland? And, how do we navigate the creativity AND limitations of easements on farmland? If you’re la

Navigating land access in the U.S. system of white property ownership that is legally focused on wealth generation and preservation is a hard row to hoe, but there are non-traditional strategies farmers and farm advocates pursue every day. Of course, with those strategies come legal considerations and in this episode we explore the legal mechanics at the intersection of donating land, crowdfunding money, and cooperatively purchasing land. Tune in to learn how the law weighs into these strategies and understand how to manage legal risk, while creating space to question and challenge the current paradigm of land ownership in this country. Resources mentioned: Workshop registration: Practicalities and Realities in Land Law: A Workshop for Ag Service People Resource pathway: What makes for a “good” farmland lease from a legal perspective? Resource pathway: I am joining forces with other farmers/ranchers on a new venture. How does this impact business structure decisions? On Private Property by Eric Freyfogle Land

In this episode, we get into the subject of gleaning — the practice of collecting leftover crops from farmers’ fields after they’ve been commercially harvested in order to distribute that food to schools, food banks, and other recipients. This food recovery work weaves together important principles of  food access and environmental sustainability, bringing about deep connections through community engagement around a good cause on the farm. However, to keep a good thing going, we need to manage our legal risks and farmers know that. We often get questions like: Are gleaners volunteers? Can gleaners receive payment, whether cash or produce? Can a for-profit business host gleaners? These questions highlight the many employment laws at play in this realm of farm law. The good news is we discuss all these questions and more so that you can understand how to manage legal risks of gleaning programs on your farm so that this good work can continue into the future. Resources mentioned: National Gleaning Project Associ