Chapter 12 Farm Reorganizations

This webinar recording covers the basics of Chapter 12 bankruptcy, including feasibility, transitional and sale plans, tax advantages, and the roles of attorneys, the court, and trustees. The panelists help dispel misconceptions about bankruptcy, demystify the Chapter 12 process, and discuss how it can serve as a tool for farm transfer and transition. This webinar was presented by Vermont Law School’s College for Agriculture and Food Systems and the Association of Chapter 12 Trustees.

Food Safety Liability Basics

It’s every farmer or rancher’s worst nightmare: Someone claims to have gotten sick from the food they produced. No matter how safe the operation is, the risk is always there. The good news is there are ways to manage and mitigate the impacts of this risk. In this webinar, attorney Chloe Forkner Johnson of Farm Commons discusses the best practices every farmer or rancher can adopt to get a foothold in managing their food safety liability exposure.

Succession Planning

Succession planning is a critical step to ensuring your business can continue to operate even if someone retires or leaves the company. Succession planning is very specific to your business and should be done with the guidance of an attorney. Attorney Eric Archer of Archer & Foppert has supported many businesses with their succession plans. During this session Eric and Jayne Merner (a farmer) illustrate what succession planning looks like, common pitfalls and tips for working with an attorney. 

Farm Employment Law Basics

With just a few key rules, farms can navigate employment law with confidence. Join Rachel Armstrong of Farm Commons to learn the fundamentals of farm employment law including classifying workers and the obligations of every farm employer.

H2A Visa Program Basics

The H-2A visa program makes it possible for farmers to bring in citizens of other countries for agricultural work in the United States. This video will help farmers assess whether H-2A might be a good fit with their operations. We consider the program’s purpose and legal obligations. With human trafficking also on the rise, we’ll address key ways producers can guard against worker vulnerability in this program.

This series is presented by the Cultivemos Legal Cohort. Cultivemos, (formerly known as FRSAN-NE, the Farm and Ranch Stress Assistance Network Northeast) aims to improve behavioral health awareness, literacy, access, and outcomes for farmers, ranchers, and farmworkers in the Northeast by developing a service provider network that can assist and meet the unique needs of agricultural workers.

On-Farm Housing Rules and Regulations

Many farms offer on-farm housing as a way of improving worker quality of life and provide additional compensation. Detailed federal, state, and local regulations are in place to make sure farm housing is safe and fair. Learn the basics of these rules with this video.

This series is presented by the Cultivemos Legal Cohort. Cultivemos, (formerly known as FRSAN-NE, the Farm and Ranch Stress Assistance Network Northeast) aims to improve behavioral health awareness, literacy, access, and outcomes for farmers, ranchers, and farmworkers in the Northeast by developing a service provider network that can assist and meet the unique needs of agricultural workers.

Workers’ Compensation and Unemployment Insurance for Farmers

Workers compensation and unemployment insurance can be tricky for farm businesses, as detailed exceptions for farm labor complicate the rules. Explore the state specific rules for Northeastern states around these two legal areas. Don’t miss the straightforward option to minimize the confusion, as well as leads on where to find more information.

This series is presented by the Cultivemos Legal Cohort. Cultivemos, (formerly known as FRSAN-NE, the Farm and Ranch Stress Assistance Network Northeast) aims to improve behavioral health awareness, literacy, access, and outcomes for farmers, ranchers, and farmworkers in the Northeast by developing a service provider network that can assist and meet the unique needs of agricultural workers.

Minimum Wage, Overtime, and Breaks for Farmers

Sometimes, legal basics can be more complicated than we think, and this is especially true when it comes to farm employment law. This video outlines when and how employment laws such as minimum wage, overtime, and rest breaks apply to farm businesses. We cover federal and Northeast-specific state laws in a way that helps farm owners and workers move forward.

This series is presented by the Cultivemos Legal Cohort. Cultivemos, (formerly known as FRSAN-NE, the Farm and Ranch Stress Assistance Network Northeast) aims to improve behavioral health awareness, literacy, access, and outcomes for farmers, ranchers, and farmworkers in the Northeast by developing a service provider network that can assist and meet the unique needs of agricultural workers.

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.

Selling Value-Added Products on the Farm

If you are a farmer interested in opening a farmstand on your property, this webinar will teach you about key federal, state and local regulations that impact small food producers who seek to make and sell value-added products from home.  We will cover what’s allowed when selling meat, eggs, dairy, cottage foods such as pickles and baked goods, and more, and explore the legal solutions that can help these businesses grow and thrive.  

Presenter: Legal Services Specialist, Christine Dzujna, of Farm-To-Consumer Legal Defense Fund

Hosting a Food Focused Event: The Legal Side of a Delicious Activity

Hosting an event with food on your farm is a great way to gather your community, educate the public about farming, and grow your business. Watch this webinar to learn about next steps to safely and legally offer samples, host a tasting, farm to table meal, or other event with food on your farm. During the session you will hear from Corie Pierce, owner of Bread and Butter Farm in Shelburne, Vermont and regular host of burger nights. You will also hear from Andrew Marchev, Legal Fellow at the Center for Agriculture and Food Systems and Lisa Chase, Agritourism Expert at University of Vermont Extension.

Presenters: Corie Pierce, Bread and Butter Farm Vermont, Dr. Lisa Chase, University of Vermont, Attorney Andrew Marchev, Fellow at Vermont Law School

Laws of the Land: What to Know About Your Farm BEFORE You Commit

You’ve heard the phrase ‘location, location, location’ when it comes to choosing a home. It’s no different for farmers when choosing a site for their farm business. All sites come with unique conditions that impact the farm’s viability, including physical characteristics, zoning restrictions, federal and state permitting requirements, and pre-existing third-party rights of neighbors, landlords, tenants, easement holders, or lenders. This webinar will cover the who, what, how, where, and most importantly, why, of identifying the unique characteristics and regulatory requirements tied to your future farm property before you sign on the dotted line.

Presenters: Attorneys Laura Hartz and Stacey Caulk of Drummond Woodsum

Agriculture Employment Rules for NH

Understanding labor and employment law is essential for operating a successful farm. Both federal and New Hampshire law treat agricultural work differently than other forms of employment. Depending on the size of the farm and the agricultural tasks done, an employee may be exempt from, for example, minimum wage. This guide is a brief look at what labor laws apply to farming activities to help New Hampshire agricultural employers and employees understand their rights and obligations. Most employee standards are detailed in Title 23 of New Hampshire’s statutes.

Employment Rules for Agricultural Workers in Maine

Understanding the requirements of labor and employment law is essential in operating a successful farm business. Both Maine and federal law treat agricultural work differently than other forms of employment. Before hiring an employee, it is important to familiarize yourself with the relevant state and federal laws that govern the employer/employee relationship. This guide is intended to inform farm employers about the general requirements when hiring employees.

Introduction to Land Leases

In New England, many farmers choose to lease their farmland instead of buying it. It is important to think about what your farmland lease will include and advocate for yourself so that the provisions that you need are in the lease. This guide discusses several of the issues that you should think about including in your lease with the help of your lawyer.

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.

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.

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.

Elements of a Farmland Lease

When a farmer works with a landowner to put together a farmland lease, there are many important considerations. This webinar will inform farmers and nonprofit farm organizations about the key elements that should be in a farmland lease.

Presenter: Jeff Polubinski, Gravel & Shea.

A Working Guide to Current Use Taxation for Agricultural Lands

Developed by Vermont Law School’s Center for Agriculture and Food Systems, “A Working Guide to Current Use Taxation for Agricultural Lands” provides an overview of current use policies across the U.S. 

Current use programs—which generally allow farmers to pay taxes on their land at current (agricultural) value rather than its assessed value for another non-farming use—are an important tool in the farmland preservation toolbox. 

Written by Vermont Law School adjunct professor Jess Phelps, this guide explains the concept of current use and examines current use policies and programs. Identifying common challenges and opportunities, it aims to help policymakers adapt current use programs to modern farmland preservation needs. It also dives into a case study of current use in Vermont to explore how a program functions at the farm level, and includes a handy reference guide to state current use statutes across the country.

This guide was funded by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.

Reorganizing a Farm Business with Chapter 12 of the Bankruptcy Code: A Brief Guide

Farm reorganization through chapter 12 is a powerful tool for farmers seeking to restructure burdensome debt, change production models, or even transition a farm to the next generation. It can help farming and fishing operations avoid financial distress and allow them to transform their operation or transfer it to the next generation—without requiring liquidation or financial insolvency. This guide covers who is involved, who is eligible, the benefits, and how it works. 

You can also read a higher-level summary about chapter 12 in the slide deck linked below:

Options for Forming a Social Enterprise

As a farmer or food entrepreneur, you may want to create a successful business while also working for social good. In a social enterprise, these goals go hand-in-hand. In this webinar, we’ll discuss the details of a social enterprise. And, we will talk about the advantages and disadvantages of common business structures that can be the foundation for your social enterprise (sole proprietorships, partnerships, LLCs, corporations, co-ops, and non-profits).

Presenters: Colin Antaya, Esq. and Kohei Ishihara Founder of Movement Ground Farm