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market-farming - Re: [Market-farming] was CSA worker payment: now interns

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Subject: Market Farming

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  • From: Andy Fellenz <fellenz AT fltg.net>
  • To: maggiepalmer AT wyoming.com, Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] was CSA worker payment: now interns
  • Date: Thu, 31 Dec 2009 20:37:28 -0500

Here's another perspective on the intern question.

According to the Department of Labor there are six conditions which need to be met for a person to be considered an intern rather than an employee. Most internships on farms do not comply with the Department of Labor's definition of an internship.

"The most likely way an intern may be a non-employee and exempt from wage and hour requirements is if that person meets the six-factor test set forth by the Department of Labor (DOL) for "trainee" status. According to the DOL, each of the following six criteria must be met:

1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school;
2. The training is for the benefit of the trainees;
3. The trainees do not displace regular employees, but work under close observation;
4. The employer that provides the training derives no immediate advantage from the activities of the trainees, and on occasion his operations may actually be impeded;
5. The trainees are not necessarily entitled to a job at the completion of the training period; and
6. The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.

Factors three, five and six are fairly straightforward. Whether the remaining three criteria apply, however, is often harder to determine and require a careful analysis. One caveat wIth respect to number six: an intern may receive a nominal stipend or tuition assistance from the employer or educational institution to cover costs such as meals and lodging. Tuition assistance or nominal stipends will not destroy trainee status and are not considered wages.

While the courts also use these criteria to analyze a worker’s status, they do not necessarily agree with the DOL that all six factors must be met for someone to be deemed a trainee. Courts commonly find that the most important determinant is the question of who primarily benefits from the arrangement. If the school or other employer is the primary beneficiary, the individuals will be considered employees, but if the interns are the ones who primarily benefit from the work experience, they will be considered trainees."

Here is the website the above was copied from: http://www.laborlawyers.com/showarticle.aspx?Ref=list&Type=1119&Cat=3388&Show=10055 , this link goes in to a lot more detail regarding internships.

Personally, my perspective is that if you have someone doing work on your farm they deserve to be compensated and that training is a cost of doing business. I don't accept the "we can't afford to pay them" excuse from Walmart, McDonalds or the company down the street and I don't think it should be used by a farmer.

Everyone is different though and many farmers are very comfortable rationalizing that they don't have employees and that they don't need to pay their interns. It's too bad that those of us who pay our employees are selling in to the same market as the ones who either don't pay or pay a sub-minimum wage.

Andy








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