Farm Commons
by Farm Commons
In each episode we explore real legal issues faced on farms every day, providing key knowledge and tangible solutions to help you grow a thriving agricultural business. From managing liability to navigating tough conversations with landowners and neighbors, we’ve got your back.
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Episodes
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Episode 78: Addressing Disability Accommodations in a Farm Employee Manual
In this episode, Eva and Chloe discuss why and how to set up a disability accommodation policy if your farm employee manual. We get into why and how to use your employee manual to communicate about disability accommodations effectively and equitably with all of your farm employees to promote a...
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Episode 77: Accommodating Employee Disabilities on the Farm and Ranch
In this episode, Eva and Bonita share important considerations for accommodating employee disabilities on the farm and ranch. You'll learn what a disability is in the eyes of the law, how to engage with employees about their accommodation requests, and how an accommodation decision could risk a...
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Episode 76: Facing Food Safety Regulation with Farmer Lindsay
Lindsay Klaunig (she/her) is the farmer and owner of Trouvaille Farm in Athens, Ohio. She raises grass-fed beef and goats on pasture, heirloom crops on the ridge tops, and makes artisan chocolate and other treats in their farm kitchen. She is also a seed producer, growing heirloom vegetable seeds...
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Episode 75: Safe Collaboration Between Farm Businesses with Farmer Iriel
Iriel Edwards (she/her) is a seed farmer and owner of Dancing Radicle Farm in Alexandria, Louisiana. Her passions for seeding justice in our food system and dismantling private property feed her excitement for cooperative ownership as it relates to assets like equipment and land. In this episode,...
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Episode 74: Collective Land Access with Farmer Sagan
Sagan Gray (they/them) is a co-owner of Bramblenook Farm, a small vegetable production farm located in Scituate, Rhode Island on the unceded lands of the Narragansett, Pokanoket, and Wampanoag people. Their farm business has been in operation since 2019, and started fresh on collectively…
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Episode 73: Could the Zoning Code put a Damper on Your Botanical Production Plans?
Did you know that when a farmer starts drying herbs for tea or turning elderberries into syrup, a farm is potentially subject to different zoning or land use rules? In this podcast, Eva and Rachel help you avoid getting caught off-guard by exploring how and why zoning is a powerful decision…
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Episode 72: How to Create Legally Resilient Labels for your Botanical Products
What makes for a good label on your teas and tinctures? In terms of risk management, a good botanical product label is one that satisfies the FDA. In this episode, Eva and Chloe walk you through the 6 key elements of creating labels for your botanical products to help you market your products…
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Episode 71: Navigating Botanical Product Regulation and Enforcement
Do you make and sell botanical products like tinctures and teas from herbs you grow on your farm? Understanding who regulates your product and the rules they enforce with your production, labeling, and marketing can be confusing. In this episode Rachel and Eva break down 3 key areas of botanical...
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Episode 70: Revisiting Paying Wages as Salary on the Farm and Ranch
In honor of Open Farm Employment Law Week beginning on Monday September 18th, we are re-releasing our podcast episode on Why Some Farms Pay Wages as Salary. Why the return? Because overtime pay rules continue to evolve across the country, and farmers and ranchers need to be aware. For example,...
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Episode 69: Protecting Your Long-Term Lease
This episode is a great listen for people with, or pursuing a lease that will last for five or more years. A lot can change over time, and ensuring that your lease is valid even if the land changes ownership can bring great peace of mind. Rachel walks us through three levels of resilience farmers...
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Episode 68: Managing Recreational Liability on the Farm
It's summertime and recreation is on the mind! The top 3 recreational uses we are seeing farmer landowners share with others are (1) nature recreation, like letting CSA members onto the farm for birding and hiking, (2) hunting access for friends and family that’s free or paid, and (3) foraging by...
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Episode 67: The Truth About Crop and Livestock Insurance Premiums
Given the typical profit-driven nature of insurance, many farmers and ranchers approach crop and livestock insurance with caution. But is the caution necessary? In this episode we explore what sets crop and livestock insurance apart from other types of insurance. For a full transcript of this...
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Episode 66: Leasing Farmland to Your Farm Business
Have you heard that it's good practice to lease your farmland to your farm or ranch business? Have you wondered why this is and what this would look like? Tune in because we've got answers for you! In this episode, we explore the advantages and disadvantages of this leaseback arrangement…
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Episode 65: Farmers Respond to Discrimination in Insurance
Federally-subsidized crop and livestock insurance is an important risk management tool available to farmers and ranchers nationwide. However, some farmers may encounter barriers to purchasing a policy or filing a claim due discrimination on the basis of race and ethnicity, as well as other…
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Episode 64: Decoding Your Food Safety Liability Coverage
Food safety liability is basically the risk of someone getting sick from the food you’ve produced. This is a risk that often lurks in producers' minds because even when doing everything possible to produce and sell safe foods, there’s always the chance something can go wrong. Insurance is a key...
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Episode 63: Income Protection for Foraging Farmers
While federal crop insurance programs generally do not provide coverage for wild-crafted products that farmers might sell alongside their cultivated crops, farmer-foragers still have options to protect their income from foraged goods. In this episode Bonita and Kate share feedback from herbalists...
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Episode 62: Disabling Dangers on the Farm with Insurance Options
Injuries to farm and ranch owners while at work are common. Accidents can happen with PTO tractor attachments, trailers that get unhitched, gates that malfunction on you, the list goes on. These dangers can lead to lost digits and limbs, which impacts the business and the farmer or rancher’s…
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Episode 61: Farm Transitions with Farmer Martha
Martha McFarland (she/her) operates Hawkeye Buffalo & Cattle Ranch on her family’s farm in northeast Iowa. Her father started the ranch, but today Martha owns the business and operates it on land she rents from her niece. This arrangement took years of conversations with family, tax advisors, and...
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Episode 60: Navigating Farmland Access with Farmer Michelle
Stable long-term farmland access is essential for growing a sustainable agricultural business, but finding it is one of the biggest challenges facing farmers and ranchers today. Contributing factors to this pervasive issue are plentiful, and for Indigenous farmers, the difficulty of accessing…
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Episode 59: Creating a Cooperative with Farmer Katie Nixon
Katie Nixon (she/her) is a farmer and local food systems champion who has been working with and for agricultural producers for over 13 years in the Kansas City region. She is a co-owner of Green Gate Family Farm and a founding farmer/member of The Kansas City Food Hub, a cooperative association...
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Episode 58: Farmers Dig In to Crop Insurance
Deciding on which insurance policies to pursue can feel like a puzzle, and crop insurance is no exception. At Farm Commons, we believe that an informed decision is an effective decision. With the recent update to the federal Micro Farm crop insurance program, farmers and ranchers are building on...
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Episode 57: Understanding Liability Insurance Coverage and Claims
Do you have liability insurance that covers the operations on your farm or ranch? If so, what's your understanding of what that insurance covers? Do you know what steps you need to to take if and when you need to file a claim? If you're not sure or you need a refresher, don't worry and tune in!…
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Episode 56: Strategies for Paying Yourself as a Business Owner
Figuring out how to pay yourself effectively can be daunting- don't do it alone! In this episode, Kate, Eva, and Rachel explore the two main was business owners can pay themselves: owner's draw and salary. Each has benefits and drawbacks, and you may need to use one or the other depending on your...
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Episode 55: Leaning into LLC's with Farmer Hannah
Hannah Hamilton (she/her) and her husband, Jim Buckle, are committed to raising healthy, vibrant soils and food at their farm in Unity, Maine. Almost a decade in business has taught them important lessons about business resilience, healthy relationships, and how to think about failure. In this...
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Episode 54: Addressing Discrimination in Crop and Livestock Insurance
Discrimination pervades many areas of life, and agriculture is no exception. While discrimination in the areas of farmland access and agricultural lending are well documented, discrimination in insurance is not often addressed. If you’ve encountered issues purchasing or updating a federal crop or...
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Episode 53: Getting on a Roll with Payroll
Running payroll can be a confusing and frustratingly bureaucratic process for farmers and ranchers attempting to do it independently, but it doesn't have to be! In this episode we explore ways that farmers and ranchers can alleviate the administrative burdens of payroll. We discuss the pros and...
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Episode 52: Strategies for Covering Farm and Ranch Owner Injuries
As a farmer or rancher, you’re probably familiar with insurance for covering your workers from the risk of injuries at work. This includes workers’ compensation, which you may be required to have, and optional health insurance packages. However, what about your injuries? Are you covered in the…
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Episode 51: Legal Considerations for Working Interviews
Working interviews, also known as trial interviews, can be an excellent way for both employers and prospective employees to learn if a job is the right fit. Tune in to learn about some risk management techniques to consider when using working interviews on your farm or ranch! In this episode we...
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Episode 51: Legal Considerations for Working Interviews
Working interviews, also known as trial interviews, can be an excellent way for both employers and prospective employees to learn if a job is the right fit. Tune in to learn about some risk management techniques to consider when using working interviews on your farm or ranch! In this episode we...
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Episode 50: Protecting Your Foraged and Wild Foods Revenue
While Whole Farm Revenue Protection and the new Micro Farm Policy option provide more flexible crop insurance coverage options for small scale diversified farms, there are still crops that remain outside of coverage bounds. This is the case for foraged and wild foods products-- those ramps, wild...
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Episode 49: Legally Sound Internships on Your Farm
The answer to questions like "Can I have an intern on my farm?" and "Does it matter what I pay them?" is actually quite straightforward. Before we get there, though, we clear the air about what an intern is in the eyes of the law and guide farm and ranch business owners through understanding...
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Episode 48: Hiring Workers Through the H-2A Visa Program
The H-2A temporary agricultural program allows US farm employers to hire workers from other countries to fill labor gaps on their farm or ranch. It can be an effective option for some farmers, as farmworkers are increasingly difficult to find domestically. But the program comes with additional...
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Episode 48: Hiring Workers Through the H-2A Visa Program
The H-2A temporary agricultural program allows US farm employers to hire workers from other countries to fill labor gaps on their farm or ranch. It can be an effective option for some farmers, as farmworkers are increasingly difficult to find domestically. But the program comes with additional...
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Episode 47: Crop Insurance Options for Diversified Farms and Ranches
As the climate becomes more unpredictable, crop insurance becomes more valuable and necessary. For diversified producers, however, it hasn’t been easy to find. The good news is there is a new crop insurance option out there just for you! In this episode we’ll get you up to speed on Whole Farm...
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Episode 46: Avoiding Discriminatory Questions During an Interview
Unintentional or intentional discrimination can happen on farms and ranches, especially in the hiring process, but it’s something everyone has the power to manage and avoid. In this episode, we zoom in on avoiding discrimination during interviews with prospective employees. Staff attorney Chloe...
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Episode 45: Why Some Farms Pay Wages as Salary
Paying employees via salary, rather than an hourly wage, can be an enticing option for some farm business owners. It’s a way to avoid costs and simplify payroll. But this approach requires legal consideration. In this episode, we explain how paying employees via salary can be a strategic option…
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Episode 45: Why Some Farms Pay Wages as Salary
Paying employees via salary, rather than an hourly wage, can be an enticing option for some farm business owners. It’s a way to avoid costs and simplify payroll. But this approach requires legal consideration. In this episode, we explain how paying employees via salary can be a strategic option…
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Episode 44: Farmland Leasing 101
Leasing farmland is exciting. Getting onto farmland to begin or expand your farm business is a significant opportunity. However, the actual leasing process can be a bear — but it doesn’t have to be. In this episode, staff attorney Sarah Vaile breaks down what a lease is, how it functions, and the...
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Episode 44: Farmland Leasing 101
Leasing farmland is exciting. Getting onto farmland to begin or expand your farm business is a significant opportunity. However, the actual leasing process can be a bear — but it doesn’t have to be. In this episode, staff attorney Sarah Vaile breaks down what a lease is, how it functions, and the...
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Episode 43: Unlock the Potential of a Farm Employee Handbook
In this episode, we dive into the surprising efficiencies and improvements that farm employee handbooks can provide for your farm or ranch operation, featuring New Hampshire state specific examples. Whether you’re interested in establishing work expectations for bad weather, equitably managing...
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Episode 43: Unlock the Potential of a Farm Employee Handbook
In this episode, we dive into the surprising efficiencies and improvements that farm employee handbooks can provide for your farm or ranch operation, featuring New Hampshire state specific examples. Whether you’re interested in establishing work expectations for bad weather, equitably managing...
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Episode 42: Avoiding Discrimination in Hiring and Firing on New Hampshire Farms
In this episode, we explore a hard topic in employment law — discrimination in hiring and firing on the farm, specific to New Hampshire law. While many farmers would never consider their employment practices discriminatory, the truth is that legal discrimination can creep in on even the most well...
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Episode 41: Choosing a Business Structure Together
Your business structure can be a revolutionary tool for organizing towards farm goals, and this is especially the case when farming together in pursuit of meeting shared needs and goals. In this episode we explore top business structure options for folks farming together: the corporation, limited...
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Episode 40: Farm Couples and Managing Stress through Paperwork
Many romantic relationships and marriages are founded on a mutual admiration and desire for a farming lifestyle. Spouses farming together can live out shared values and goals through their work. Even where one person is the primary farmer, spouses often get pulled in to help out. Farming with a...
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Episode 39: Farming with Family – Getting in and getting out
When farming with family, whether relatives, spouses, or both, there are 3 key legal topics to discuss together that will set the stage for how the farm business evolves as family members enter (through marriage or otherwise) and exit (via career change, divorce, disability, or just because): (1)...
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Episode 38: Land Access Solutions in the Agrarian Commons Model
This is an extra special episode where we explore alternative land access models with Ian McSweeney, Director of the Agrarian Trust. Ian has extensive experience in environmental education, real estate, farmland preservation, connecting farmers to land, and fundraising to support agrarian...
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Episode 37: Social Justice through Non-traditional Land Access Strategies
Navigating land access in the U.S. system of white property ownership that is legally focused on wealth generation and preservation is a hard row to hoe, but there are non-traditional strategies farmers and farm advocates pursue every day. Of course, with those strategies come legal…
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Episode 36: Getting into Gleaning
In this episode, we get into the subject of gleaning — the practice of collecting leftover crops from farmers’ fields after they’ve been commercially harvested in order to distribute that food to schools, food banks, and other recipients. This food recovery work weaves together important…
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Episode 35: Avoiding Discrimination in Hiring and Firing on the Farm
In this episode, we explore a hard topic in employment law — discrimination in hiring and firing on the farm. While many farmers would never consider their employment processes discriminatory, the truth is that legal discrimination can creep in on even the most well intentioned farms. This is...
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Episode 34: Growing Membership at Farm Commons
In this episode, we explore Farm Commons’ new membership program — why we have one, how it works, and how to join. You’ll hear insights into how our legal education work as a 501(c)3 non-profit organization has traditionally been funded over the past 8 years, and how the new membership program...
About this show
In each episode we explore real legal issues faced on farms every day, providing key knowledge and tangible solutions to help you grow a thriving agricultural business. From managing liability to navigating tough conversations with landowners and neighbors, we’ve got your back.
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