Seasonal employee legal matters
Hiring seasonal employees challenges many farm operators as many aspects of the hiring process and other human resources matters differ from that of non-seasonal employees.
Farm consultant Erica Leubner recently presented a “Seasonal Employees” webinar, hosted by Cornell as part of New York’s Annie’s Project program.
Leubner’s farm, Tim’s Pumpkin Patch in Marietta, NY, employs approximately 80 seasonal employees annually. The majority of the staff are teenagers. The pumpkin farm uses a strong onboarding process because of the short eight-week operating season – Labor Day to Halloween. About 10 of the seasonal employees are adults and four are H-2A workers.
“For H-2A, it’s much different, but we have the same workers who come back every year,” Leubner said.
She and husband Tim developed their onboarding program by looking at the process used by other pumpkin farms around the country.
“It’s our most important step after screening and hiring,” Leubner said.
They meet with new and returning staff to fully review the employee handbook and have each staffer sign an acknowledgement confirming they understand the handbook.
The group tours the business and looks at details such as the storage areas for cleaning tools. They also become familiar with each work area.
“We talk about what’s appropriate dress and what’s inappropriate dress,” Leubner said. “For many, it’s their first job, as they’re 15.”
The sign-off page is important not only to hold the workers accountable, but also to show their parents if young workers complain about something that happened at work. The handbook explains what is inappropriate.
“We try to get them comfortable the very first day they’re here,” Leubner said. “We do some icebreaker activities so they get to know each other as they’ll be working very closely.”
Building camaraderie helps ensure that the teens will form a cohesive team.
Employees receive the required paperwork, including the W-4, I-9 and more. They must return completed paperwork before they receive their first paycheck.
Instead of relying on phone calls or emails, which many teens don’t answer, Leubner uses text messaging to help avoid delays in communication.
Most of the farm’s training is on-the-job on employees’ first day. That’s why Leubner over-staffs the first weekend, which is pricy, but it helps ensure employees will become accustomed to their working environment and that farm visitors enjoy a good experience.
“The biggest thing is ongoing feedback,” Leubner said. “In our business, I am in the central area. I do all the baking. Everyone goes through the bakery to get supplies. I have a lot of conversations right there as they’re walking through. I might pull them aside and give them feedback.”
She places employees in different areas on the farm based on their aptitude.
While interviewing employees, she asks if they’re available every weekend of the season. She asks if they play sports or have other activities that will affect their availability.
“We work with kids who play sports,” Leubner said. “But we’ve noticed that once teenagers get a few paychecks in their bank accounts, they call in more. They rat each other out. It’s frustrating for teens to work in one area and all of a sudden, there’s call-outs. They do fizzle out throughout our season.”
A few years ago, she began pooling tips and dividing them at the end of the season based upon how many hours employees worked. Last year, some teens received a tip of $1,500.
“If you work more, you get more,” Leubner said.
Giving feedback to teen workers is helpful and Leubner tries to offer positive feedback whenever possible.
“If you notice something or see something – like they organized the supplies or cleaned up their area at the end of the day – say something,” she said.
When something doesn’t go right, she tries to correct behavior and doesn’t try correcting personality. Some people have more abrasive personalities, but by focusing on behavior, she obtains better outcomes.
Performance reviews can help farmers and workers learn. Leubner likes providing regular formal feedback to discuss compensation, help employees understand expectations and areas for growth and highlight areas where employees are doing well.
“It encourages open communication and stronger working relationships,” Leubner said.
Performance reviews should allow each party to share how it’s going and create a dialogue in an atmosphere of curiosity and learning.
