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market-farming - Re: [Market-farming] to hire, or not to hire?

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  • From: Andy Fellenz <artisanfarms AT gmail.com>
  • To: Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] to hire, or not to hire?
  • Date: Wed, 26 Dec 2012 17:36:33 -0500

Beth,

The Ag limit for the unemployment insurance exemption in NY is $20,000/quarter, not per year, so unless you are paying your crew much more than market wages, you shouldn't have to worry about exceeding the limit.

From the NY State Department of Labor site, ( http://www.labor.state.ny.us/ui/dande/whoisemployer.shtm )
Liability under U.I. Law

Employers of agricultural labor are liable as of:

  • The first day of the calendar year in which you employ 10 or more workers in agricultural labor on at least one day in each of 20 different weeks (during that year or the prior year) or
  • The first day of the calendar quarter in which you pay cash remuneration of $20,000 or more to workers you employ in agricultural labor or
  • The first day of the calendar quarter in which you pay any remuneration to workers you employ in agricultural labor, if they are liable under the Federal Unemployment Tax Act (FUTA) with respect to farm workers

Andy

On Wed, Dec 26, 2012 at 4:05 PM, Beth Spaugh <lists AT rhomestead.com> wrote:

I struggle with having help.  I definitely need it.  I know folks who hire local people part-time, and want to find one or two of those.  So far I have gone with several college students part-time, but they come and go, are not used to field work, and I still need them in late August and September.  I planned to have one full-time person and one good part-time person (who had worked the previous summer part-time too).  The full-time person backed out at the last minute and I never got a good replacement.  The part-time person had very serious health issues this year and couldn’t work.  Fortunately I teacher/CSA member worked two days a week washing and packing, and another CSA person volunteered one afternoon a week. Having part-time folks who come and go results in me not training them for good jobs, so stick them with jobs I think they can’t mess up, i.e. weeding, which they don’t like.  I don’t mind weeding, but hate washing and packing.

 

My plan for this year is to have two part-time plus one full-time OR 4 part-time.  Monday, Tuesday, Wednesday they will wash and pack.  If someone wants full-time and/or wants to learn organic gardening, then that person will help with field work.  All will probably help with early planting (which they also don’t like), and I may train one to do seeding.

 

My biggest need is probably help with sales, but I really want to stay under the $20,0000 ag employment limit to avoid unemployment, disability, etc (do have workers comp), Ag employees can wash, pack, and deliver, but not do any retail sales work, or you lose the nice exemptions, at least in New York.  This many be penny foolish of me – I don’t know yet.  But when I inquired about offering unemployment they said I would have to continue to pay unemployment for three years after the employees moved on, and that sounds intimidating.

 

Perhaps you can each be independent businesses, or she can be a subcontractor.  If she wants to do a farmers market, let her supply all the equipment, transport, etc so she qualifies as an independent contractor.  Or , if you market allows, just let her buy your stuff wholesale and sell it at the market.  If there are additional specific things she could subcontract to do, such as seeding plug trays at her place and delivering them to you ready to go.  Or if she sub-contracted to keep weeds under control. Etc.

 

Beth Spaugh

Rehoboth Homestead, Peru NY

http://rhomestead.com      http://www.facebook.com/rhomestead

 

"How we eat determines, to a considerable extent, how the world is used." - Wendell Berry

"Without power over our food, any notion of democracy is empty." - Frances Moore Lappe

It's not that nice guys finish last. They have a whole different notion where the finish line is. - unknown

 






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