Employment Law for Massachusetts Farmers

What should farms in Massachusetts consider when hiring employees? What are the rules of the road for agricultural workers in the Commonwealth. These two webinars from 2018 and 2024 cover key information for complying with Massachusetts employment law. Both webinars cover worker classification, overtime, agricultural labor exceptions, minimum wages (note that the amounts changed from 2018 to 2024), and comparing Massachusetts and federal employment laws, and how to know which applies.

Attorney Beth O’Neal of Conn Kavanaugh also covers the following in her 2018 presentation:

  • Consequences of employee misclassification
  • 2018 federal unpaid intern guidance

Attorney Sean Fontes of Partridge Snow & Hahn also covers the following in his 2024 presentation:

  • A deeper dive into agricultural labor
  • Leave and sick time
  • Unemployment insurance
  • Paying minors
  • 2024 federal independent contractor classification rule

Easements

Easements on a piece of property significantly influence how land can be used. Attorney Andrew Marchev and Third-Year Law Student Clinician Veronica Gassert of Three Rivers Law present the different types of easements and common conditions found in each.

Introduction to Cooperatives

Cooperatives as a business structure help maximize resources and distribute profits equally among members. They can also foster a strong community since members work and vote alongside each other. This webinar, presented by attorney Erika Dunyak of Vermont Law and Graduate School, reviews the different types of cooperatives and what to consider before filing.

Branding Best Practices

As a small business owner, you want to develop and protect your brand, but you don’t yet have the funds to file for trademark protection. In this webinar, Attorney Christina Licursi of Wolf Greenfield covers steps you can take to have some level of protection from the beginning as well as when to take the plunge and file for protection.

Farmland Leases

While many farm leases are done with a handshake, this practice is not a good idea because there is no written agreement in the event of a disagreement between the parties. A well-written lease agreement will make the lease terms clear and leave less opportunity for misunderstanding and reduces the likelihood of a potential conflict between a landowner and a farmer.

Key Governing Documents for a Nonprofit Organization

There are three primary documents that govern the operations of a nonprofit organization:

(1) articles of incorporation,

(2) bylaws, and

(3) conflict of interest policy. 

This legal guide introduces each of these documents and identifies key elements that you should consider as you are preparing governing documents for your organization. 

Alternative Ways to Buy The Farm

This Guide explores the following alternative ways to purchase farmland:

  • Seller-financed land acquisition
  • Purchase by installments
  • Lease with an option to purchase.

Farm Succession Advising: An Attorney Training Guide

Among beginning (and other) farmers’ biggest challenges is accessing land, including land and farms in the hands of older farmers. Therefore, how those farmers transition their farms to the next generation (family or unrelated) is of utmost importance. Land For Good’s Training Guide provides attorneys with solid legal background material and technical tools to use in assisting farmer clients to develop their farm succession plans.

Your Legal Toolkit for Starting a Farm

When you’re starting a farm business, there are lots of important legal issues to consider, from what type of business entity you’ll form to how to protect yourself from liability and plan for the future. This comprehensive webinar will equip farmers with the legal know-how to tackle these key decisions and start off on a strong legal footing.

Employment Law for Maine Farmers

Navigating employment laws on your farm can be a challenging task. This webinar will help Maine farmers understand how to handle various workers on your farm, including WOOFers, volunteers, and CSA workers.

Presenter: Tom Trenholm, Drummond Woodsum.

Labeling Your Food Product

Small food businesses and farms with value-added processing often sell their products locally, but understanding the Food and Drug Administration’s rules for labeling those products can be challenging. This webinar will prepare you to feel confident creating a food label and selling your product.

Presenters: Rachel Gartner & Zac Maciejewski, Faegre, Drinker Biddle and Reath.

Regulations and Insurance for CT Food Businesses

The Yale Law School Ludwig Center for Community & Economic Development provides legal services to clients to promote economic opportunity. The clinic has assisted affordable housing developers, community development financial institutions, farms and farmer’s markets, and many other clients to increase access to resources and break down economic barriers. Paul Healy is a second-year law student and member of the Clinic. His legal interests include startup financing and urban development. He also holds a master’s degree in Economics from Oxford University. Bessie Bauman is a third-year undergraduate and research assistant to the Clinic. Her legal interests include welfare law and urban development.

Legal Requirements for CT Food Businesses

Paul Healy and Bessie Bauman of The Yale Law School Ludwig Center for Community & Economic Development provide information on legal issues relevant to Connecticut food businesses.  This guide addresses:

  • Forming a business entity
  • Food licensing requirements
  • Employment and immigration rules
  • Tax filings

Regulations and Insurance for CT Food Businesses

The Yale Law School Ludwig Center for Community & Economic Development provides legal services to clients to promote economic opportunity. The clinic has assisted affordable housing developers, community development financial institutions, farms and farmer’s markets, and many other clients to increase access to resources and break down economic barriers. This powerpoint was developed by Paul Healy and Bessie Bauman. Paul Healy is a second-year law student and member of the Clinic. His legal interests include startup financing and urban development. He also holds a master’s degree in Economics from Oxford University. Bessie Bauman is a third-year undergraduate and research assistant to the Clinic. Her legal interests include welfare law and urban development.

You can watch the webinar where these slides were presented HERE.

FSMA Inspections: What Growers Need to Know

Sara Dewey and Mary Rose Scozzafava of the Conservation Law Foundation review the Food Safety Modernization Act Produce Safety Rule and what it will mean for Massachusetts farmers. Topics include: what is the produce safety rule, how does it relate to the Commonwealth Quality Program, and what inspections will look like for farmers in 2020.

Urban Agriculture in the City of Boston

Did you know that Boston has an ordinance that covers urban farming?  Article 89 is part of the Boston land zoning laws.  It covers urban agriculture activities in Boston such as farming, hydroponics and beekeeping and more.  The City of Boston prepared this guide to demystify the language of the actual rule.  After reading this guide, you will have a better understanding of:

  • the rules covering land use and permitting requirements
  • the permitted location and size of ground-level farms, roof-top farms and freight farms
  • soil safety guidelines for urban farming
  • keeping bees and chickens.

FAQs About the Produce Safety Rule

The Produce Safety Rule (PSR) imposes new requirements on farms to ensure the safety of produce consumed by humans. But New England farms tend to be small and to sell directly to consumers. Therefore, New England farms are more likely to be exempt from the Produce Safety Rule or eligible for a Qualified Exemption.  Qualified Exemption limits the obligations of a farm under the Produce Safety Rule. This Lightning Guide answers questions small farmers may have about the Produce Safety Rule.

Community Kitchens Legal Guide

Across New England, community kitchens are springing up to support food entrepreneurs, improve access to locally grown food, and support local farmers. This guide helps community kitchens and kitchen users – including small businesses and nonprofit groups – understand how to make use of these invaluable spaces and how to comply with the laws governing their operation.

Shared Use & Community Kitchens

Community kitchens can provide entrepreneurs and community groups a crucial link to building food businesses or running community food programs. This webinar shares some of the considerations for using shared community kitchen space legally, safely and successfully. The webinar includes an introduction to community use of kitchens, understanding the basics of what community and residential kitchens are and are not allowed to do, key legal considerations for community kitchens, and a case study of a successful food entrepreneur working who started in a shared kitchen.

This webinar was produced by Metropolitan Area Planning Council (MAPC) in partnership with Franklin Regional Council of Governments, Center for Health Law and Policy Innovation, Conservation Law Foundation, Massachusetts Association of Health Boards, Franklin County Community Development Corporation, and Whole Harmony.

FSMA Produce Safety Rule: Selected Topics

This webinar provides a useful overview of the Food Safety Modernization Act (FSMA) Produce Safety Rule, presented by Rhode Island attorney Sumana Chintapalli and University of Rhode Island food safety expert Lori Pivarnik. It is a good starting point to become better acquainted with the Produce Safety Rule. The webinar includes an overview of the requirements under the rule, key definitions to know, activities covered under the rule, and how to determine if your farm is covered by the rule or exempt from it. It also reviews the requirements for agricultural water, biological soil amendments, domesticated and wild animals, and record keeping. Finally, it covers the timeline for compliance.