Should farmers market staff be classified as employees or independent contractors? This resource provides an overview of why classification matters for federal and state employment, tax, and insurance law, and how farmers market operators can ensure a fairer working environment.
Introduction
What
Employment classification refers to the type of classification given to a worker. Employment classification affects whether an employer has to abide by certain employment and labor laws.
Why
Understanding employment classification can help farmers markets avoid risks such as violating federal and state employment and labor laws, fines, and litigation costs.
Who
Federally, the U.S. Department of Labor enforces employment and labor laws. State departments of labor enforce state employment and labor laws.
How
Titles do not determine employment status. Employment classification is determined by the facts and circumstances of an individual case. T here are different tests that help determine whether a worker is classified as an employee or an independent contractor.
Acknowledgements
T his resource was developed as a collaboration between Vermont Law and Graduate School’s Center for Agriculture and Food Systems (CAFS), the Farmers Market Coalition (FMC), and the Northeast Organic Farming Association of Vermont (NOFA-VT) and is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture. Contributors to and reviewers of this resource include Laurie Beyranevand, Claire Hermann, and Lihlani Nelson from CAFS, Andrew Graham from NOFA-VT, and Darlene Wolnik from FMC.
Suggested Citation
Farmers Mkt. Legal Toolkit, Employment Classification for Farmers Market Managers (Nov. 1, 2023), https://farmersmarketlegaltoolkit.org/wp-content/uploads/2023/11/Employment-Classification-for-Farmers-Market-Staff_FINAL_color.pdf.
