Farmers often ask: What’s really the difference between an employee and an intern or volunteer under the law? And, what is an independent contractor? How do I know what type of worker I have, legally speaking? Classifying Workers on New Hampshire Farms - Employees vs. Interns, Volunteers, and Independent Contractors published by Farm Commons in collaboration with UNH Cooperative Extension helps answer these questions.
The legal classification of farm workers has many implications—whether the farmer must pay minimum wage, carry workers’ compensation, withhold and pay taxes, and so on.
If a farmer doesn’t properly classify workers, the farmer risks having to pay back wages, taxes and even penalties. By learning the factors that the law takes into consideration, farmers can craft their worker arrangements to both suit their needs and fulfill their legal obligations.
This guide helps farmers better understand the legal definitions and criteria for classifying their workers. The first step is to walk through the summary flowchart. The flowchart will lead the farmer to an initial determination of which of the four categories their worker(s) fall into.
Download the full resource.
Short Version with Flowchart
A short version of the report includes a helpful flowchart that will lead a farmer to an initial determination of which of the four categories their worker(s).
