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Agricultural Law

By: Jeffrey K. Lewis, Esq., Thursday, September 25th, 2025

Running a farm business is no small job. Between planting, harvesting, caring for livestock, and tracking markets, it’s easy to see why labor and employment laws might not be at the top of your list. But the reality is this: every agricultural operation, big or small, needs to pay attention to these rules. Ignoring them can create major headaches down the road.

We often write about labor and employment laws in agriculture, but we don’t always take the time to talk about the why. Why should farm employers care about compliance? The obvious answer is that failing to follow the law can lead to fines, penalties, or even criminal consequences. But there is another side to it: compliance is also about smart risk management. Too often, that part of the conversation gets overlooked.

In this post, we will dig into why labor and employment compliance matters for every farm employer, no matter the size of your operation, the number of workers you hire, or whether your team is made up of family, neighbors, or seasonal help. We will also be using this post to kick off a new series of posts, where we will break down labor and employment laws into bite-sized, practical pieces. The goal is to help Ohio producers understand their obligations and share best practices that can reduce risks and strengthen their businesses.

Compliance = Risk Management
As we have mentioned before, ignoring labor and employment laws can bring direct legal consequences. But there is another side to compliance that deserves attention: risk management.

Fun fact: not every federal or state labor law applies to every employer. Many laws have size thresholds or exceptions/exemptions for certain types of employers. For example, the federal Americans with Disabilities Act (ADA) only applies to employers with 15 or more employees. Similarly, Ohio’s anti-discrimination law generally applies to employers with four or more employees.

So, what about a small farm with three or fewer workers? Technically, some of these anti-discrimination rules do not apply. But that does not mean you are off the hook completely. A job applicant or employee who feels they were treated unfairly because of their race, sex, age, disability, religion, national origin, or military status can still file a complaint with the Ohio Civil Rights Commission. Even if the farm is ultimately found not liable, the process of defending against a claim costs time, money, and stress. And in a close-knit farming community, just the perception of discrimination can damage relationships with workers, customers, and neighbors.

There is also the bigger challenge many producers face: finding and keeping a reliable workforce. Workers are more likely to stay, and return season after season, when they feel respected, treated fairly, and confident that their employer is following good practices. Compliance is not just about avoiding penalties; it’s about building a safe, fair workplace that encourages loyalty and productivity.

We have focused here on discrimination laws as an example, but the same principle applies across the board. Many labor laws including wage and hour rules, harassment policies, and safety standards may or may not apply to a particular farm depending on its size or structure. Still, choosing to follow these standards can pay off. Voluntarily adopting recognized best practices provides a layer of protection if disputes arise, shows foresight if laws change, and helps resolve workplace issues before they turn into legal claims.

At the end of the day, following labor and employment laws, even when they do not technically apply, is a smart risk management strategy. It helps farms keep good workers, avoid conflicts, and maintain their reputation as fair, responsible employers. And those benefits can be just as valuable as steering clear of legal penalties.

“Employing” Family Members
As we mentioned earlier, this post kicks off a new blog series for Ohio farm employers on labor and employment law. Our goal is to clear up misconceptions, highlight common assumptions, and break down technicalities in the law so that employers can re-evaluate their practices, stay compliant, and avoid costly headaches.

Our first topic: employing family members.

Many Ohio farms are family-owned and operated, which means it is common to see relatives working side by side. Depending on who you ask, that can be a wonderful experience - or a recipe for disaster. What farmers need to understand, though, is that in most cases, family members are still considered employees.

Yes, there are exceptions depending on the structure of the business, and some family members may be exempt from certain wage or tax requirements. But generally speaking, employing family does not mean you are off the hook for employment law compliance. For example, in Ohio, even one employee triggers the requirement to carry workers’ compensation coverage. Federally, employers typically need to issue a W-2 to family employees. Blood or marriage ties do not erase those obligations.

So, does every farm follow these rules to the letter? Realistically, no. Many well-intentioned family operations are not fully compliant with all applicable labor and employment laws. Why? Two main reasons:

  1. Limited enforcement. Governmental agencies responsible for enforcing labor and employment laws do not have the resources to audit or investigate every farm. But if you “win” the audit lottery, you will be expected to demonstrate compliance.
  2. Few complaints. Issues often do not come to light unless a worker files a lawsuit or complaint. And while many assume a family member would never sue, that is not a guarantee. Anyone who has seen family disagreements knows how quickly emotions can escalate.

That is why it is risky to assume family employees are somehow “different.” A dispute between relatives can turn into a legal problem just like any other workplace conflict. Treating family workers with the same seriousness as non-family employees is the best way to protect your farm, your business, and yes - even your family relationships.    

Conclusion
In truth, labor and employment compliance might never become an issue on your farm. But as the old saying goes, “never say never.” Following these laws is not just about avoiding penalties – it is also a smart risk management strategy. Compliance can help prevent or quickly resolve disputes that drain time, energy, and already thin margins. Just as importantly, it brings peace of mind, clarity, and stability – intangibles that can be some of your farm’s most valuable assets.

By: Peggy Kirk Hall, Friday, September 05th, 2025

Ohio isn't officially a "Mid-Atlantic" state, but we're pleased to be part of the Mid-Atlantic Ag & Resource Law Conference on October 28 and 29 at the National Conservation Training Center in Shepherdstown, West Virginia. The OSU Agricultural & Resource Law Program is partnering with the West Virginia College of Law, University of Maryland, North Carolina State University, Penn State University and Virginia Tech to host the event, which focuses on property and land use laws affecting agriculture.

The conference offers 7 hours of Continuing Legal Education for attorneys and kicks off the evening of October 28 with a reception, dinner, and a review of hot agricultural law issues in the region by:

Andrew Branan, Associate Extension Professor, NC State University

Jen Friedel, Associate Professor of Practice, Virginia Tech

Paul Goeringer, Extension Legal Specialist, University of Maryland

Peggy Kirk Hall, Director, Ohio State University Agricultural & Resource Law Program

Jesse Richardson, Professor of Law, West Virginia University College of Law

Audry Thompson, Staff Attorney, Penn State Center Agricultural and Shale Law

Sessions on October 29 include:

Land Use Challenges and Opportunities for Ag

Kyla Kaplan, Olsson Frank Weeda, Terman Matz PC and Justin Benevidez, Texas A&M, AgriLife Extension Economist 

From Prime Farmland to the Grid: Siting Solar in Virginia and West Virginia

Matt Gooch, ReisingerGooch

Legal Strategies for Addressing Risks of Losing Family Farmland

Robert Moore, Attorney, Ohio State University Agricultural & Resource Law Program

Conservation Easements

Lauren Pregmon, Pregmon Law Offices

How to Handle a Zoning Hearing

Tony Gorski, Law Office of Anthony G Gorski, LLC

The final session on Ethical Use of GenAI for Lawyers bAmy Cyphert, Associate Professor, West Virginia University College of Law will wrap up the conference and provide 1 hour of ethics credit.

In addition to providing relevant legal information, the conference is a great deal.  Early bird registration, available until September 11, 2025, is $115 if staying at the conference site and $140 if not staying at the conference site. After September 11, 2025, the registration fee is $225 if staying at the conference site and $250 if not staying at the conference site. A $50 registration fee is available at any time for students.

Register by September 11 for the early bird rate and to guarantee lodging at the National Conservation Training Center.  Register on the conference registration site.

 

Photo of Sue Wright, Paul Wright, and Peggy Hall
By: Peggy Kirk Hall, Wednesday, August 28th, 2024

We mourn the passing of Paul L. Wright, an agricultural attorney, mentor, leader, professor, farmer advocate, and the founder of our OSU Agricultural Law Program.  Paul passed on August 17, 2024, due to cancer.

I remember receiving my first letter from Paul Wright. I had sent him my resume with the hope he and law partner Tony Logan would hire me for their law firm, Wright & Logan.  I was a young attorney and I knew about Paul Wright and his respected reputation as an agricultural attorney. Paul sent me a return letter encouraging my interest in agricultural law and requesting an interview. A few months later, I was working with Paul. That letter gave me the opportunity I so badly wanted, and I’ve held onto it for years.

Paul didn’t set out to become an agricultural law attorney, his passion for agriculture led him there. He grew up on a farm in Coshocton County, Ohio, was active in 4-H and vocational agriculture, and decided to pursue a degree in agricultural education at Ohio State. He then began his career in 1959 as the county 4-H agent for OSU Extension in Madison and Clinton counties. But it didn’t take long for him to recognize his curiosity and natural aptitude for farm management and agricultural economics. While he was completing a Master of Science degree in Agricultural Economics, OSU Extension promoted Paul into a Farm Management Area Extension Agent position in Fremont, Ohio.

Paul once told me how his work as a Farm Management Specialist for OSU kept pulling him into legal issues, and that he felt compelled to try to solve those issues for farmers. I can easily imagine that, as his desire to help farmers seemed always at the front of his mind. That desire took him to the University of Toledo College of Law for a law degree, and he soon transitioned to become the first Agricultural Law Specialist for Ohio State University, a faculty member in what was then the Department of Agricultural Economics. He shared stories with me about his days of driving across Ohio to teach at farm meetings, equipped with boxes of files, articles he had written, and “overhead transparencies.” Paul said he always tried to be prepared for “whatever legal issue they might want to talk about.” He loved teaching about those legal issues and resolving problems and questions from farmers. In addition to teaching farmers, Paul also established the first agricultural law course at Ohio State, a course still offered to undergraduate students in the College of Food, Agricultural, and Environmental Sciences.

With his knowledge in both law and economics, Paul and Ohio State were well equipped to help farmers during the economic crisis that hit farming in the mid-1980s.  He talked with me about the often painful meetings and kitchen table sessions he had with farmers back then and that despite his knowledge, he again felt the need to do more for farmers. He began connecting with other attorneys across the Midwest and eventually, those connections resulted in the formation of the American Agricultural Law Association—the first official recognition of lawyers who work in agriculture as “agricultural attorneys.” Paul shared that he and other founding members of AALA recognized the role they could fill for farmers and the need to constantly expand their knowledge base and broaden the network of agricultural attorneys and other professionals who could help farmers. He taught for educational sessions at AALA annual conferences, served on committees and the Board of Directors, and was elected to a term as the AALA President. In 1994, the AALA awarded Paul its highest honor, the Distinguished Service Award.

For years, Paul maintained connections with AALA colleagues across the country and met regularly with a group of AALA friends who constantly identified and analyzed issues and needs in agricultural law. When he brought me into that community of colleagues, I always walked away learning something I could use in my work as an agricultural attorney. That type of networking was a common practice for Paul that provides us wisdom today.  In his 1998 presidential address to the AALA, Paul challenged association members to become better attorneys through networking within the agricultural community.  “I wonder how many differences are grounded in a lack of thorough communication, or a lack of taking the time to create a forum to really hear another’s thoughts and knowledge,” Paul stated.  “With confidences and resources, there is hardly an agricultural law issue that cannot be refined and improved as a result of networking.”

Paul retired from OSU in 1988, but many in Ohio know that Paul’s career didn’t end at that point. He wanted to be a private attorney who could personally advise the farm community.  Paul partnered with Tony Logan to form the law firm of Wright & Logan, which was likely the first “agricultural law firm” in Ohio focused on representing farmers. That's when I met Paul and joined the firm.  As a young attorney working with Paul, I lived in both awe and fear—awe for all he had accomplished in agricultural law and fear that I would not live up to his knowledge level and standards. To the contrary, Paul always encouraged and taught me. I often struggled to keep up with his expertise, but he never expressed disappointment in me.

Wright & Logan later transitioned to Wright Law Co., LPA.  When Robert and Kelly Moore joined, the law firm became the current Wright & Moore Co., LPA, now led by Ryan Conklin. Like the farmers he admired, Paul never completely retired from Wright & Moore but continued in an “Of Counsel” capacity and served clients up to his death. In his private law practice, I’d estimate that Paul served hundreds of farm families and prepared hundreds of business, estate and transition plans. He was well known in Ohio’s agricultural community and had clients that stretched across the state. I wonder how many times farmers and others have asked me, “do you know Paul Wright?” and how many times my answer of “yes, I used to work for him” opened doors for me and gave me immediate credibility.  In Ohio’s agricultural community, Paul was a celebrity.

The Ohio agricultural community honored Paul by inducting him into the Ohio Agricultural Hall of Fame in 2006.  I recall receiving an invitation from Paul to sit at his table for the induction ceremony.  He was nervous, excited, and humbled. It was something I had witnessed before with Paul, when Ohio State recognized him with its Distinguished Alumni Award in 2003.  Those awards meant so much to him, and he said once that he couldn’t believe a farm boy who had spent his time fixing fences in Coshocton County could ever be so fortunate to have the career and recognition he had.

Paul’s career, recognition, and impact on Ohio agriculture certainly won’t end with his passing.  Being the meticulous and creative estate planner he was, Paul developed a succession plan for agricultural law in Ohio. In 2006, he established an endowment with OSU’s College of Food, Agricultural & Environmental Sciences to further agricultural law and farm management education in Ohio.  Having followed in Paul’s footsteps as the agricultural law specialist at OSU, I have been able to use Paul’s funds in the OSU Agricultural & Resource Law Program to provide educational programs for attorneys, farmers and Extension educators and scholarships for law students and undergraduate students interested in agricultural law.  Paul's goal was to ensure a long-lasting commitment to agricultural law and farm management at Ohio State, and his endowment will carry that goal well into the future.

I’ve thought of trying to locate that old worn letter I received from Paul when I asked him to hire me.  That letter, and knowing Paul, changed my life.  Because of Paul, I and many of my colleagues can repeat his words about the unbelievable fortune of being an agricultural attorney in Ohio.  But I don’t need the letter to remind me of Paul, as his presence has always and will always be embedded in me, in others he has mentored, in Ohio State, and in Ohio’s agricultural community.  The loss is immeasurable, but so is the legacy he left us.

Stack of law books
By: Peggy Kirk Hall, Wednesday, April 03rd, 2024

I'm often asked how an attorney becomes an "agricultural attorney."  The answer is simple: through knowledge. The best agricultural attorneys I know have two kinds of knowledge: they know agriculture, and they know the laws that affect agriculture.  There are several upcoming events that can help attorneys and law students gain the legal knowledge required to be an agricultural attorney.

The National Agricultural Law Center is currently offering two opportunities for attorneys and law students:

  1. Research Fellowships for Law Students.  NALC employs law students in their second and third years as Research Fellows who help conduct legal research and writing projects. It's an outstanding opportunity to gain research experience and access to the world of agricultural law.  As a partner of the NALC, our OSU Agricultural & Resource Law Program usually has one or two NALC Research Fellows working with us. For the upcoming term, specific research topics for NALC Research Fellows might include but are not limited to food safety and food labeling; environmental regulation of agriculture; agricultural finance and credit; other relevant issues such as agricultural data and technology, land use, farm programs, local and regional food systems and agricultural labor. Interested law students must act quickly, as the fellowship applications are due April 5, 2024.  Application information is available on the National Agricultural Law Center website.
  2. Agricultural & Environmental Law Conferences.  NALC is hosting two legal conferences this June:  the Mid-South Agricultural & Environmental Conference in Memphis, Tennessee on June 6-7 and the Western Agricultural & Environmental Law Conference on June 13-14.  We've attended the NALC conferences, and they're excellent learning experiences that cover the breadth of topics we face in agricultural law.  The conferences also allow attendees to interact with speakers and other attorneys from around the country, and law students are welcomed.  Registration is now open for both conferences and is available on the National Agricultural Law Center website.

Two additional opportunities for agricultural attorneys and law students are on the horizon, and include:

  1. The Cultivating Connections Conference.  Our program here at OSU, in partnership with Iowa State University's Center for Agricultural Law and Taxation and the National Agricultural Law Center, is planning to host the second annual Cultivating Connections Conference for attorneys, accountants, appraisers, financial planners, and other professionals interested in farm transition planning.  We welcome law students and other young professionals to join us. The conference will be in Cincinnati, Ohio on August 4 and 5, and registration will soon be available on our Farm Office website.
  2. The AALA Annual Educational Symposium.  The American Agricultural Law Association (AALA) will host its annual conference on November 7- 9 in Memphis, Tennessee.  The AALA also includes law students in its conference, and offers several activities for the students.  The AALA is currently accepting presentation proposals for the conference and registration will open later this Spring on the AALA website.

If you are or want to be in agricultural law, don't miss out on these opportunities to gain the critical knowledge necessary to be an agricultural attorney.  Agriculture needs you!

 

Farm Office Team on Zoom Webinar
By: Jeffrey K. Lewis, Esq., Wednesday, July 14th, 2021

"Farm Office Live" returns this summer as an opportunity for you to get the latest outlook and updates on ag law, farm management, ag economics, farm business analysis, and other related issues.  Targeted to farmers and agri-business stakeholders, our specialists digest the latest news and issues and present it in an easy-to-understand format.

The live broadcast is presented monthly.  In months where two shows are scheduled, one will be held in the morning and one in the evening.  Each session is recorded and posted on the OSU Extension Farm Office YouTube channel for later viewing.

Current Schedule:

July 23, 2021 10:00 - 11:30 am  December 17, 2021 10:00 - 11:30 am 
August 27, 2021 10:00 - 11:30 am  January 19, 2022 7:00 - 8:30 pm 
September 23, 2021 10:00 - 11:30 am  January 21, 2022 10:00 - 11:30 am 
October 13, 2021 7:00 - 8:30 pm  Februrary 16, 2022 7:00 - 8:30 pm 
October 15, 2021 10:00 - 11:30 am  February 18, 2022 10:00 - 11:30 am 
November 17, 2021 7:00 - 8:30 pm  March 16, 2022 7:00 - 8:30 pm 
November 19, 2021 10:00 - 11:30 am  March 18, 2022  10:00 - 11:30 am 
December 15, 2021 7:00 - 8:30 pm  April 20, 2022 7:00 - 8:30 pm 

Topics we will discuss in upcoming webinars include:

  • Coronavirus Food Assitance Program (CFAP) 
  • Legislative Proposals and Accompanying Tax Provisions
  • Outlook on Crop Input Costs and Profit Margins 
  • Outlook on Cropland Values and Cash Rents 
  • Tax Issues That May Impact Farm Businesses 
  • Legal Trends
  • Legislative Updates
  • Farm Business Management and Analysis
  • Farm Succession & Estate Planning
 

To register or to view a previous "Farm Office Live," please visit https://go.osu.edu/farmofficelive. You will receive a reminder with your personal link to join each month. 

The Farm Office is a one-stop shop for navigating the legal and economic challenges of agricultural production. For more information visit https://farmoffice.osu.edu or contact Julie Strawser at strawser.35@osu.edu or call 614.292.2433

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