Recent Blog Posts

By: David Marrison, OSU Extension Field Specialist – Farm Management

OSU Extension has a long history of helping farm families with transition and estate planning. While most would agree this kind of planning is vital for the future success of the farm, it often gets delayed or doesn’t happen at all, for a variety of reasons.

So why the delay?

• Families often cite reasons such as:  
• Not enough hours in the day to get everything done.
• Not comfortable talking about death.
• Don’t know how to develop a plan.
• Don’t understand all the legal jargon.
• Legal and tax professionals are too expensive.
• We don’t agree on what to do.
• It might cause family conflict.
• Our family communication about sensitive topics is poor.

So, what would be on your list? For most, the top two reasons are the lack of time and a history of poor communication around difficult topics. So, how can we overcome these obstacles? Maybe one strategy this fall is to use the buddy seat to our advantage.

Buddy Seat

A buddy seat, sometimes called a passenger or instructional seat, is an extra seat inside the cab of farm equipment like a combine or tractor. It is there so someone else (like a child, grandchild, trainee, or helper) can ride along safely with the operator. It is a great way to teach someone the ropes or spend some quality time together during long hours in the field.

I recently read an article by Raney Rapp called “The Buddy Seat Barometer” which explores how the buddy seat has become an informal rite of passage in farm dating. Rapp explained that a few minutes or hours in a buddy seat can show you a lot. You will see the good, how someone handles stress, and how the family works together. Rapp remarked that the buddy seat is a good barometer to see if this life and person might be the right fit.

So, beyond the dating world, could the buddy seat be used to create deeper connections? What if we used the buddy seats in our combines, trucks, and tractors as places to have more intentional conversations?

Levels of Conversations

First, let’s look at the level of conversations we typically have. In his book "Why Am I Afraid to Tell Your Who I Am?” John Powell outlines five levels of communication (See Table 1). Most of us tend to stay at levels five and four, the safer levels of cliché or factual conversations. These conversations are safe and polite with little emotional risk.

As conversations progress to levels three and two, conversations become more personal as we begin to share what we think or feel. Peak communication or level one communication is rare and precious. It occurs when people feel safe enough to be deeply honest and to share fully. It requires trust, respect, and love.

So, where would you rank your communication with family members and your farm team?

Table 1: Levels of Communication

Level	Type	Description	Farm Example
5	Cliché	Small Talk	“Looks like we’ll get rain this weekend.” “Boy, the corn market is down.”
4	Facts	Giving Updates	“We vaccinated the calves this morning.” “We’ve only had 1 inch of rain since July 1”
3	Ideas and Judgements	Sharing Thoughts	“I think switching to organic would allow us to increase our return per acre.” “I don’t think my brother is ready to manage the farm in the future.”
2	Emotions	Sharing Feelings	“I’m tired of feeling like I’m not heard.” “It hurts that Dad doesn’t ask for my input before buying new equipment.”
1	Peak Communication	Deep honesty	“I worry I’ll be the one who loses the farm.” “I fear our family dynamics might push my spouse away.”

From “Why Am I Afraid to Tell Your Who I Am?” – John Powell

Elevating Your Buddy Seat Conversations

Of course, the top priority during harvest is to get the crop harvested and to do it safely. However, buddy seat conversations can offer opportunities for deeper, more intentional communication.

One strategy is for both the driver and the buddy to be more intentional in the questions they ask. During our “Planning for the Future of our Farm” workshops, we encourage families to plan their farm’s future through questions as a discussion guide. Here are some ideas for questions to get conversations going this fall.

The Legacy of the Farm

The buddy seat is a great place to reflect on the history of the farm. These reflections can build understanding and appreciation for the sacrifices which got the farm to where it is today. Some questions that can help family members examine farm legacy could include:

• How did the farm get started and who were the first family members involved?
• What are you most proud of when you think about our farm’s history?
• What values or principles have guided the way you have operated the farm?
• How did the farm shape the way our family grew up and lived?
• What were some of the biggest challenges you faced over the years, and how did you overcome them?
• What have been the hardest weather events or years? Can you tell me about the blizzard of 1978?
• Who have been your best mentors in farming and what did they teach you?
• How have farming practices changed since you started and which changes were hardest to adapt to?
• Were there times you considered walking away from farming? What made you stay?
• What advice would you give the next generation of farmers in our family?
• What do you hope the next generation understands or carries forward?

Our Farm’s Future

Most farm families hope to see the operation successfully pass to the next generation. The buddy seat can be a great space for generations to talk about the future. These conversations can be vital as the family develops its transition plan.

• What are your vision and goals for the farm in the next 10, 20, or 50 years?
• What parts of the farm operation are you most passionate about? What would you change or grow?
• Are there new technologies, crops, or practices you are interested in exploring?
• What kind of support or guidance would help you take on more responsibility?
• What traditions or values are most important for you to continue?
• What concerns or worries do you have about taking over the farm?
• In what areas would you like more training?
• What do you want your kids or nieces/nephews to understand about the farm?
• How do you see personal and family life fitting in with the future of the farm?
• What will success look like to you as the future leader of this operation?

Family Relationships

Farming is more than land, crops, and livestock. It is deeply tied to family. Honest conversations among siblings, spouses, and generations are crucial to avoid conflict and to build trust. Buddy seat conversations can also be a natural space to check in.

• What are three things you are grateful for?
• What’s something I say or do that makes you feel appreciated?
• What’s your role on the farm and do you feel it’s recognized?
• What has been your happiest day on the farm?
• How do you prefer to communicate when something’s wrong or frustrating?
• Are there ways we could better divide responsibilities to avoid stress?
• Do you feel heard and respected in farm decisions?
• How would you prefer to handle conflict when it comes up?
• How can we better balance work and family life, especially during busy seasons?
• How do you see us as siblings, spouses, or family involved in the farm’s future?
• What is on your bucket list?

Our Farm as a Workplace

Conversations with employees can also help create a healthy, respectful, and productive work culture. When employers ask for honest feedback, it improves morale, retention, and day-to-day operations. Here are a few questions to ask employees this fall:

• What do you enjoy most about working here?
• What do you see as our farm’s strengths?
• What is one change that could make the farm more efficient?
• Are there any safety concerns we should address?
• Is communication clear about your tasks or expectations? How could we improve?
• Are there any tools, equipment, or systems that you think could help us work more efficiently?
• What kind of support, such as training, equipment, or scheduling would help you succeed?
• What would make this job more satisfying or sustainable long-term?
• Is there anything you would like to learn or grow into here?
• What task or tasks do you enjoy the least on the farm?
• As an employee, are there any additional benefits that you would like us to consider?

Put The Buddy Seat to Work This Fall

As we settle into another harvest season, the buddy seat gives us more than just a place to ride. It offers a chance to connect, reflect, and look ahead. Whether you are talking about the farm’s legacy, its future, or just checking in on one another, buddy seat conversations matter. So, this fall, let’s turn our buddy seats into spaces of meaningful dialogue. Because the best place to start planning for the future of the farm... is one honest conversation at a time.

References

Powell, John. Why Am I Afraid to Tell You Who I Am? Grand Rapids, MI: Zondervan. ISBN: 000-628105-2

Raney Rapp, “The Buddy Seat Barometer” (September, 2025). Farm Progress. Accessible at: https://www.farmprogress.com/commentary/the-buddy-seat-barometer

OSU Farm Office Resources. Planning for the Future of the Farm. Resources accessible at: https://farmoffice.osu.edu/farm-transition

The author would like to thank OSU Extension colleagues and AI-assisted drafting tools for helping refine the ideas presented in this article.

 

 

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.

Planning for the future of a farm involves much more than deciding who will operate the business or inherit the land. It also means making decisions about your personal care if you cannot speak for yourself. Few topics are harder to consider than end-of-life treatment, but addressing them in advance can save loved ones from confusion and  conflict at a difficult time. Two legal documents are especially important for these decisions: the Health Care Power of Attorney and the Living Will Declaration.

The Health Care Power of Attorney

A Health Care Power of Attorney (HCPOA) is a document that allows you to appoint another person, your agent, to make health care decisions for you if you cannot. Ohio law gives your agent authority to act just as you could, unless you specifically limit that authority.

With an HCPOA in place, your agent may:

• Schedule and cancel medical appointments.
• Communicate directly with doctors and nurses.
• Choose among treatment options.
• Decide where you receive care, including long-term care.

The document can also contain instructions about life support. For example, you may authorize your agent to refuse artificially supplied nutrition or hydration if you are permanently unconscious. Importantly, your HCPOA only takes effect if a doctor determines that you have lost the ability to make informed health care decisions. Until then, you remain fully in control.  You may revoke or change your HCPOA at any time before death, and it terminates upon death.

The Living Will

While an HCPOA puts decisions in the hands of a trusted agent, a Living Will Declaration communicates your own choices directly to your doctor. It applies only if you are either:

• In a terminal condition (an irreversible, untreatable condition from which recovery is not possible), or
• In a permanently unconscious state (an irreversible condition in which you are permanently unaware of yourself or your surroundings).

If two physicians confirm one of these conditions, your Living Will directs your doctor to provide only comfort and pain management care and to allow you to die naturally. It tells your doctor not to use CPR, ventilators, or artificial nutrition and hydration.

Do You Need Both?

Ohio law allows individuals to have both an HCPOA and a Living Will, but a Living Will is optional. If your HCPOA includes clear instructions about life support, you may feel that a Living Will is unnecessary. On the other hand, some people prefer to state their wishes in writing through a Living Will so there is no doubt about their preferences.

If you choose to have both documents, make sure they do not conflict with one another. Contradictions can create confusion for health care providers and family members at the worst possible time.

Reviewing and Updating Your Documents

Advance directives are not one-and-done paperwork. They should be reviewed regularly, especially when there are major life or family changes. Ask yourself:

• Do I still trust the person I appointed as my agent?
• Does my HCPOA reflect my current wishes about life support?
• If I have both an HCPOA and Living Will, are they consistent?
• Do my loved ones know where to find these documents?

As farms transition to the next generation, reviewing these documents should be part of the planning process. Just as you would update your will or business agreement, updating your health care directives ensures your wishes are clear and enforceable.

Communicating Your Plans

Even the best-drafted documents cannot do their job if no one knows they exist. Consider sharing copies of your HCPOA and Living Will with:

• The people you have appointed as agents.
• Your doctors and medical providers.
• Family members who may be present in a crisis.

Talk openly with your family about your choices. They may not agree, but knowing your decisions ahead of time will reduce stress and help prevent conflict.

Standardized Forms Are Available

Ohio’s medical and legal communities have worked together to create standardized forms for the Health Care Power of Attorney and Living Will. These forms are widely accepted by doctors, hospitals, and attorneys in Ohio, and they are available online at no cost. While it is possible to complete the forms on your own, farm families should consider working with an attorney to ensure the documents are done correctly and coordinated with the rest of their estate and transition plans.

Join us on Friday, September 12 at 10:00 a.m. for an informative webinar on the H-2A program. We will focus on how traditional farming operations can use H-2A to supplement their labor needs. While H-2A is commonly used by labor-intensive operations such as fruit, vegetable, and nurseries, it can also be a valuable option for grain and livestock operations.

During the webinar, we will cover the current state of agricultural labor in Ohio and the United States, how H-2A can address labor shortages for traditional farming operations, and the requirements of the program. Our panel of experts will include:

• Margaret Jodlowski, Assistant Professor, Agricultural, Environmental, and Development Economics, The Ohio State University
• Jeff Lewis, Attorney, OSU Agricultural and Resource Law Program
• Robert Moore, Attorney, OSU Agricultural and Resource Law Program
• Representative from the U.S. Department of Labor

Free registration is available here: https://osu.zoom.us/webinar/register/WN__s5bd8oKQ3K0vLiTYuqSug 

For more information, contact Robert Moore at moore.301@osu.edu

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