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Updated 5/25/06
Employee/Employer Guidelines
As an employer you want to be well informed on legal and regulatory issues regarding employees. Following employee/employer best practices keeps things running smoothly and prevents potential problems.
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There are many overlapping and complex Rules and regulations for Farm Labor employers. Start your research by viewing the link below to be certain you are in compliance with Washington's Rules and Regulations.
Employment Law in Washington State
http://research.lawyers.com/Washington/Employment-Law-in-Washington-State.html
You need to know and understand the employment laws in Washington State to
prevent liabilities and lawsuits. This Website contains a great
summary of employment laws you need to know. Topics cover "at will"
employment, workplace safety, workplace injury, sexual harassment,
discrimination & wrongful termination, family and medical leave,
unemployment benefits, & COBRA.
United States Laws and Regulations
http://www.dol.gov/compliance/laws/main.htm
United States Department of Labor
http://www.dol.gov/index.htm
Employment Law Guide
http://www.dol.gov/compliance/guide
Employees begin a relationship with you, as employer, for a paycheck. They stay for the vision you create of where your business is going, what its values are, and what opportunities you can provide them. Today's Direct to Market Farming has a great story to tell. Share your story with your employees, help them share it with your customers. You must be the motivating force, the model of the behaviors you want to see. The care you show for employees will be reflected in the way they care for your products and customers.
Washington State Working and Employment
http://access.wa.gov/employment/index.aspx
Hire and Manage Employees
http://www.access.wa.gov/business/hiring.aspx
Workplace Rights
http://www.lni.wa.gov/WorkplaceRights/default.asp
Unemployment Insurance
http://fortress.wa.gov/esd/portal/unemployment
If you have employees,
in Washington State, you are required to pay taxes to provide unemployment
insurance. The cost of the tax is calculated by a determination of both
where the work is performed and number of hours worked. The Employment
Security Department will make this determination from information you
provide on your initial Master License application. If you did not
have employees at that time, contact the Department prior to the first day
of work by an employee. There are a few exceptions to the required
unemployment tax, so be certain to review their information.
Workers Compensation
http://www.workerscompensation.com/reference/category.php?id=2&states=washington&category=ER
Farm workers must be covered, and you as the employer must pay, worker's
compensation premiums. The cost is a factor of both the degree of risk
and total hours worked. Please also be aware that if you pay wages to a
family member over the age of 18, they must also be paid. Each company is
assigned a case worker when the original Master License is filed.
Social Security
http://www.ssa.gov/employer1.htm
How to calculate the withholding
and how to file your reports are clearly identified on the iRS.gov website.
This is an area in which much discussion and possible changes are likely to
occur in the near future. You can best participate in the discussion
and decision making by being well informed.
- A quick over view of permitted ages for Farm workers is described as
follows:
Children 12 and 13 may work during non-school weeks for the picking berries, harvesting bulbs, cucumbers or spinach. These are activities falling after school periods, and which do not expose the children to dangerous equipment or activities. - Children who are fourteen or older may be employed during the same time frames, with less restriction on activities.
- Your own children and exempt form the WAC 296-131 regulations pertaining to minor's employment.
- Children 14 and older must obtain written permission from their school, and their parent or legal guardian prior to beginning work during the school year.
Minimum Wage Information
http://www.lni.wa.gov
For details of the minimum wage requirements.
A brief over view of the requirements follows:
- Employees over the age of 16 must be paid your states minimum wage.
- Workers under 16 are paid at a percentage of minimum wage-in 2001 that was 85% of minimum.
- A few exemptions currently apply-
- Immediate Family members doing work on the farm
- Local hand-harvesters who: commute daily from their permanent residence, are paid piece rate, and worked less than 13 weeks in agriculture the previous year.
- Non local minors, 16 or under, who are hand harvesting, paid piece rate, employed on the same farm as their parents, and are paid the same piece rte as those workers over 16.
- Workers whose primary responsibilities are range production of livestock.
Employer Deskbook: A Reference Manual for Agricultural
Employment and Labor Issues
An excellent resource for clarifying these requirements is offered by
the Washington Farm Bureau. The publication s "The Employer Desk book:
A Reference Manual for Agricultural Employment and Labor Issues". It is probably
the best investment of $20.00 you can make.
Contact:
Washington Farm Bureau , PO Box 2009, Olympia, WA 98507 360 357
9975,ext 116.
Teen Workers
http://www.lni.wa.gov/WorkplaceRights/TeenWorkers/default.asp
New Hire Reporting Program
https://wws2.wa.gov/dshs/newhire/help.html
Guide to Hiring Independent Contractors in Washington State
http://www.lni.wa.gov/IPUB/101-063-000.pdf
It can be costly to hire a
person as an independent contractor and do it incorrectly or illegally.
Prevent problems by using these guidelines.
Food Worker Training
http://www.doh.wa.gov/ehp/sf/food/foodtraining.htm
Hire and Manage Employees
http://www.access.wa.gov/business/hiring.aspx
Agriculture Employment
http://www.dol.gov/dol/topic/youthlabor/Agriculturalemployment.htm
Foreign Labor
http://www.ows.doleta.gov/foreign/
Employer's Identification Number (EIN)
If you plan to have employees you will need to have a Federal Employer’s Identification Number (EIN ). This number is often required as well by banks to open a business checking account. When you apply for a Master License from the State of Washington you are asked if you will have employees, if you say yes, they will include the SS-4 form in the materials sent to you. This number is used to report to various government agencies, it will be registered with the Department of Labor, IRS, and Social Security Administration. It is used like your personal social security number to track the businesses taxable actions. If you didn’t request an EIN number when you opened your business, you can contact the IRS to obtain the SS-4 form, or for further details. Internal Revenue Service (IRS) 800-829-3676.
EIN Number Resources
http://www.irs.gov/businesses/small/article/0,,id=98350,00.html
Farm Labor Housing loans and grants are provided to buy, build, improve, or repair housing for farm laborers, including persons whose income in earned in aquaculture (fish and oyster farms) and those engaged in on-farm processing. Funds can be used to purchase a site or a leasehold interest in a site; to construct housing, day care facilities, or community rooms; to pay fees to purchase durable household furnishings; and to pay construction loan interest.
Farm Labor Housing Resources
http://www.rurdev.usda.gov/rhs/mfh/brief_mfh_flh.htm
Department of Social and Health Services
http://www1.dshs.wa.gov/
Workplace Posters
http://www.lni.wa.gov/IPUB/101-054-000.asp
Some of the statutes and
regulations enforced by agencies within the Department of Labor require that
notices be posted in the workplace. The Department provides electronic
copies of the required posters.
Human Resources - hrVillage.com
http://www.hrvillage.com/
Whether you're an owner or manager
of a smaller business or startup venture, you'll find a wealth of human
management information, tools, hr software, and other useful resources
within hrVillage.com to help you with your personnel needs.
Check Criminal History Conviction Records- Washington State Patrol
Watch
https://watch.wsp.wa.gov/
The Washington State Patrol Identification
and Criminal History Section (WASIS), has established this website as the
official Internet source providing criminal history conviction records for
the state of Washington.
Food Safety program
http://www.doh.wa.gov/ehp/sf/food/food.htm
Washington Department of Labor and Industries
http://www.lni.wa.gov/
Insurance Resources for Business
http://www.lni.wa.gov/ClaimsIns/Insurance/default.asp
Immigration Law and Policies
http://www.nilc.org/immlawpolicy/
Immigrants and Employment
http://www.nilc.org/immsemplymnt/index.htm
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