| farmcommons.org | Hiring a Farm Employee in VT | Last Updated: October 24, 2016 | 9
federal courts. Litigation helps clarify legal definitions. For now, we’re le with a
broad definition that does not account for the realities of modern and direct-to-
consumer farms.
Diversified farms are sprouting up in Vermont and throughout the country. These
farms typically engage in activities—such as selling at farmers’ markets, making
value-added products, organizing on-farm events, and so on—that fall outside
the traditional scope of farming activities. Unfortunately, the legal definition of
agricultural labor has not yet evolved to meet this new type of diversified farm.
Without any statutes or case law for guidance, it can be challenging to draw the
line between agricultural and non-agricultural labor.
Agricultural labor certainly includes growing and harvesting crops, raising
livestock or poultry, and preparing unmanufactured farm products for market
and delivery to market. Generally, agricultural labor includes work done on a
farm in connection to farming operations. Conversely, most if not all work done
o farm is likely not farm labor. For example, because sales at a farmers’ market
are conducted o the farm they are most likely not agricultural labor. Similarly,
marketing activities such as pitching products to restaurants and grocery stores are
likely not agricultural labor. In addition, some work done on a diversified farm is
tangential to agricultural production, for example, making value-added products
or planning and hosting agritourism or on-farm events such as dinners, weddings,
and potlucks. These activities most likely do not fall within the agricultural labor
definition. Aggregating and packing products from another farm, for example into
a CSA box, is a gray area. Most likely, it would not be considered agricultural labor
as it’s really more akin to marketing and providing value to the customer, more so
than agricultural production.
The safest route is to assume that o-farm and any activities that are tangential
to farming, such as those just mentioned, are not agricultural labor. A farm can
quickly resolve any legal risk by paying at least the minimum wage and paying
overtime for any hours worked over 40 in a week to all employees. If the farm pays
at least the minimum wage plus overtime, there is no need to determine if tasks
are agricultural or not.
MINIMUM WAGE
MINIMUM WAGE