Farmer Amanda still has some questions, which are common to many farmers.

Everything in this guide applies to worker networking services. The above are your options: independent contractors, interns, employees, or volunteers. There’s nothing else. No matter how the farmer finds the worker, they will fit into one of the above categories. Again, farmers should work under the assumption that everyone who performs work for a farm is an employee. The worker can only be classified as something else if the worker meets the criteria for a volunteer, intern, or independent contractor.

Work trade and in-kind arrangements do not affect the classification as described in this guide. Farmers can certainly pay their employees in room and board to meet any minimum wage requirements; however, that is a separate issue. For more details on in-kind arrangements, see Section 2, Managing Risks of Interns and Volunteers in New Hampshire.

It does not matter. By law, someone cannot waive their right to protections provided under employment laws. Unlike other areas of law, employment law is simply nonnegotiable. This is because of the overarching policy reasons behind employment laws, including the prevention of coercion and oppression in the workplace.

Farmers who still have questions or are left with uncertainty as to the proper legal classification of their workers can seek further assistance from the following:

• New Hampshire Department of Labor
• United States Department of Labor
• Internal Revenue Service
• An attorney familiar with agricultural employment laws in New
  Hampshire