Getting Started

Classification: Facts, Not Titles, Matter

Farmers often ask: What’s really the difference between an employee and an intern or volunteer under the law? And, what is an independent contractor? How do I know what type of worker I have, legally speaking?

The first thing to know is job titles don’t matter; calling someone an independent contractor doesn’t make them one, necessarily. The substance of the worker’s tasks are what matters: How are tasks assigned? What does the worker expect in return? Who controls the worker’s time? These and many other questions determine the legal classification of the position. There are four main classifications of workers: (1) a volunteer, (2) an independent contractor, (3) a non-employee intern, and (4) an employee.

The legal classification of farm workers has many implications—whether the farmer must pay minimum wage, carry workers’ compensation, withhold and pay taxes, and so on. Oftentimes, what farmers call interns, volunteers, independent contractors, and so on are in fact “employees” in the eyes of the law. Misclassification is common in many industries, including farming. If a worker is in fact an employee and the farmer doesn’t properly classify them as such, the farmer risks having to pay back wages, taxes, and even penalties.

The good news is that farmers can be proactive. By learning the factors that the law takes into consideration, farmers can craft their worker arrangements to both suit their needs and fulfill their legal obligations. It’s helpful to keep in mind that employment law shares the farmer’s goal of treating their workers well. Employment law ultimately serves to protect workers—all workers—to ensure fairness, and prevent coercion and exploitation in the workplace. To facilitate this goal, the law will assume that anyone doing work for the farm business is an employee. The farmer may classify a worker as something else if, and only if, the specific criteria for another classification are met.

Using This Guide

This guide helps farmers better understand the legal definitions and criteria for classifying their workers. The first step is to walk through the summary flowchart that follows. The flowchart will lead the farmer to an initial determination of which of the four categories their worker(s) fall into. Note that if you have more than one person working on the farm, you may need to walk through the flowchart for each worker as the classification could be different. The sections that follow provide detailed explanations and criteria for each of the classifications.

The various categories and criteria may feel overly nuanced or abstract at first. To help ground this all in reality, we’ll be following the stories of Amanda and Ralph throughout the guide.

Other sections of this guide are referred to throughout that provide more detail on specific legal issues. Be sure to read all of this 3-part series on Connecticut employment law.

Check out more legal resources for farmers, all available for free on Farm Commons’ website—www.portal.farmcommons.org.