| Farm internships in Oregon |
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| Introduction |
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Farming is an art as much as a science or business. It involves unique characteristics of each field with its soils and slopes and climatic conditions and management practices; the varieties, qualities, and adaptability of the plants/crops involved; the health and care of animals; equipment operation and repair; irrigation fundamentals and plant water needs; and a myriad of other special skills and details that one learns best in a real-world application.
One can study some of these things in a text book, but working on a farm is the only way to really learn farming.
With growing interest in farming, locally-derived food and food systems, hands-on learning, and the increasing age of growers nearing retirement, questions around the opportunities for on-farm internships are plentiful.
This Web page is intended to assist those interested in this topic from the vantage of both an intern desiring farm experience, or a farmer who is willing to host interns.
There are state and federal laws and limitations that define what constitutes an intern. Ensuring that both growers and potential interns understand the basics of these "boundaries" will help minimize disputes, complaints, and compliance issues so those who do enter into an internship relationship have a good experience.
The standards required for an "internship" can be difficult to meet -- for unpaid, work-based learning program to qualify as an internship, any productive work that the student/intern performs for a for-profit business must be offset by the employer through an adequate training/education program and sufficient supervision. The business may not derive any "immediate advantage" from the intern's work. These are difficult measures to quantify.
Further, the placement of the student at a worksite during the learning experience cannot result in the displacement of any regular employee. Whether a small farm would have employed someone otherwise is also difficult to quantify.
Many farmers want to teach farming to a new generation willing to learn, but they feel that taking on the role of "instructor," AND having the requirement to pay wages to interns/students is equivalent to expecting college professors to pay students to study under them, rather than the student paying tuition. Furthermore, many farmers provide free room & board and curriculum.
But without modifications to existing laws, growers and interns need to understand current requirements and comply with these obligations.
As a final word in this introductory section, keep in mind there is a distinction between apprenticeships and internships. They are not the same thing. Apprenticeships are accredited training programs that have specific standards, hours of learning, and other requirements for an apprenticeship "degree" in a particular trade. There is no official agricultural/farming apprenticeship program in Oregon. (See BOLI page for definition of apprenticeship program: http://www.oregon.gov/BOLI/ATD/A_Aptrng.shtml
Hence, the information found here is specific to the term "internship."
A very important approach to any intern situation it to put it in writing! Document what the intern will do, what the intern will learn, what training/supervision will be provided, if there will be room/board, stipend or pay, etc. Make sure the experience meets the criteria for an intern, not an employee! Read on for more details.
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| Resource/Links/Materials |
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- Western Sustainable Agriculture Research & Education (SARE) Farm Internship Curriculum and Handbook
http://attra.ncat.org/intern_handbook/handbook.html
http://attra.ncat.org/intern_handbook/pdf/intern_handbook.pdf
http://www.cias.wisc.edu/education-and-training/passing-along-farm-knowledge/
- Farm Mentoring Handbooks:
http://www.cultivatingsuccess.org/farmer_mentor_handbook.htm
http://www.smallfarm.org/main/bookstore/publications/
- Farm Employment Dispute Resolution Assistance:
If employment-related disagreements arise, the OR Farm Mediation Program can provide impartial, professional mediators to assist the parties resolve disputes.
http://oregon.gov/ODA/mediation.shtml
- Educational Resources About Existing Laws/Regulations
BOLI seminars: http://www.oregon.gov/BOLI/TA/T_SEM_Wage.shtml
BOLI workbooks/resources online: http://www.oregon.gov/BOLI/TA/T_Tabooks.shtml
Oregon Agripedia abbreviated on-line summary of laws/regulations: http://oregon.gov/ODA/pub_agripedia.shtml
- Ensure You Meet the Standard -- OSU Training Courses as a Resource
Interns are typically housed at the farm, and in exchange for room, board and a small stipend, gain valuable farm skills and the chance to experience the farming lifestyle. This exchange has been a valuable source of affordable labor for small producers and an important "training ground" for the next generation of farmers.
Despite the success of these programs, they are rarely in compliance with state wage law. Recently, in the Willamette Valley, a former intern filed a wage claim against a farmer and won payment of back wages.
Wage law states that if an intern works independently and contributes to the profitability of the farm, that an intern is an employee entitled to minimum wage compensation.
One solution is to pay interns minimum wage for work performed and then charge the intern market rates for rent, contributions toward groceries, and fees for educational programs. In order to comply with the law, all appropriate tax and employment forms must be filed, as well as a written work agreement between intern and farmer.
Successfully and legally managing employees, whether interns or farm workers, represents a difficult and complicated aspect of running a business. Through the two courses on labor management, the OSU Extension Small Farms Program will provide producers with knowledge and information to more successfully manage their workers.
For any further information contact:
Melissa Matthewson & Maud Powell
maud.powell@oregonstate.edu
Small Farms
Southern Oregon Reseach & Extension Center
569 Hanley Road
Central Point , OR 97502
(541) 776-7371 x208
Source: http://smallfarms.oregonstate.edu/sfn/w09labormanagement
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| Legal boundaries |
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Federal
The most likely way an intern may be a non-employee and exempt from wage and hour requirements is if that person meets the six-factor test set forth by the Department of Labor (DOL) for “trainee” or intern status. According to the DOL, each of the following six criteria must be met:
- The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school.
- The training is for the benefit of the trainees.
- The trainees do not displace regular employees, but work under close observation.
- The employer that provides the training derives no immediate advantage from the activities of the trainees, and on occasion his operations may actually be impeded.
- The trainees are not necessarily entitled to a job at the completion of the training period.
- The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.
http://www.dol.gov/whd/regs/compliance/whdfs71.htm
State of Oregon
http://www.oregon.gov/BOLI/TA/T_FAQ_Interns.shtml
OR Bureau of Labor and Industries -- responsible for wage and hour issues.
This Q&A anwers these questions:
- What requirements do we have to meet as an employer in order to have a student come to our workplace as an unpaid intern or trainee?
- If we bring in a student as an intern, do we have to obtain an employment certificate and follow other child labor laws?
- What makes a student an employee as opposed to an intern or trainee?
School-to-Work Programs: http://www.oregon.gov/BOLI/TA/T_FAQ_Stw.shtml
Workers' Compensation:
Why do I need workers' compensation insurance?
http://www.cbs.state.or.us/wcd/communications/wcins.html
http://www.cbs.state.or.us/wcd/communications/publications/2852.pdf
Where can I get/pay for workers' compensation insurance?
How do I buy worker's compensation?
The basic premise that applies to all workers in Oregon is that if a worker is under the direction and control of another person, and is paid to do a job (even if under the premise of learning the job as an intern), the employer must obtain workers' compensation insurance coverage. There are some exceptions, such as that found in the casual labor exemption under ORS 656.027(3), or when the workers are all members of the same family under a family owned corporation. The links provided above also include links to these laws. When even one worker is subject (family member or not), the employer is subject and must have the required workers' compensation insurance.
The Workers' Compensation Division (WCD) Employer Compliance Unit have staff that can provide guidance (call the toll free number listed below), respond to questions, and provide input in your current effort. Linda Repp, WCD's Employer Compliance Unit Senior Investigator, is a good link for your ongoing educational effort. She is available for in-person meetings. I too am glad to assist.
Reg Gregory, Manager, Employer Compliance Unit
Workers' Compensation Division
350 Winter St NE
P O Box 14480
Salem, OR 97309-0405
(503) 947-7665
Toll Free 1-888-877-5670
Fax (503) 947-7718
Email: Reg.E.Gregory@state.or.us
OR Department of Employment -- responsible for issues related to Unemployment Insurance:
- Unemployment Tax Unit might investigate if they got a question about a relationship to see whether employment should have been reported/UI taxes paid. This typically comes up when a worker is seeking unemployment benefits and doesn't see what they expect to see on their 'wage history' for establishing eligibility for unemployment benefits and the weekly benefit amount. It also comes up in the context of whether a relationship should be characterized as employer-employee instead of independent contractor.
- Our federally required complaint process requires the Employment Department to refer someone to the relevant enforcement agency if they come in to complain about an alleged employment law violation--for example, referring to BOLI /Federal Wage and Hour if a person claimed they should have received wages but didn't; or referring to Workers Comp if someone came in saying they were injured in doing the work and said the employer wouldn't let them file/didn't have workers comp; or referring someone to Oregon OSHA if they came in alleging health and safety violations at a worksite or at employer provided housing.
- And while not enforcement per se, a business would not be able to use the OR Employment Department 'job listing' service to solicit applications for an internship positions. The employment service part of the agency requires an employer-employee relationship for us to take the listing.
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| Volunteers |
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Some organizations use volunteers, and there has been some discussion of whether farms/growers could use this classification for interns.
The ability to use volunteers is very limited, if not impossible, in a for-profit organization. Legally, the following are criteria for volunteers and employers who wish an exemption:
- volunteer must perform their services for civic, charitable or humanitarian purposes
- serve without promise, expectation, or receipt of compensation except for expenses, reasonable benefits or a nominal fee that is not tied to productivity
- provide services freely and without pressure or coercion from any employer; and offer their services solely for personal reasons or pleasure.
On paper, this approach could work, but logistically it would be difficult to run a farm that depends on the whims of its interns that are operating as “volunteers.”
This distinction between volunteers, intern/trainees, and employees is obviously not a straightforward one. Ultimately, the law looks beyond the labels employers give individuals, or the labels individuals give themselves, and examines the nature of the relationship between the individual performing services and the employer.
If the relationship resembles one of employer and employee, the relationship will generally be deemed an “employment” relationship.
For example, volunteers who are given significant non-wage benefits may be considered “employees” under the law, and therefore would be entitled to the full range of protection that the employment laws allow. In addition, an employer is liable under the law for the actions (and misdeeds) of volunteers to the same extent that it is liable for the actions of employees.
Source: http://tilth.org/education-research/in-good-tilth-magazine/articles/2008/19iii/outlawing-farming-internships
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