Recent Blog Posts

The classification of workers as either independent contractors or employees has once again become a focal point of federal labor policy, reflecting the broader ideological shifts that accompany changes in presidential administrations. With the transition to new leadership in the White House, the U.S. Department of Labor (“DOL”) has issued new guidance that redefines the criteria used to determine worker status. This latest interpretation marks a departure from the 2024 Democratic rule (the “2024 Rule”), instead embracing a model more consistent with prior Republican approaches. The change has significant ripple effects for employers and workers as it influences everything from wage protections to benefits eligibility and legal liability.
On May 1, 2025, the DOL’s Wage and Hour Division (“WHD”) issued Field Assistance Bulletin No. 2025-1(the “2025 Bulletin”), offering updated guidance on how to assess whether a worker qualifies as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”).
The 2025 Bulletin explicitly states that the WHD will no longer apply the analytical framework established by the 2024 Rule when evaluating worker classification under the FLSA. Instead, the WHD will rely on the standards set forth in Fact Sheet #13 (July 2008) and Opinion Letter FLSA2019-6 (referred to as the “2008 Guidance” and “2019 Guidance,” respectively). However, the 2025 Bulletin clarifies that the 2024 Rule remains applicable in the context of private litigation.
The History of the Independent Contractor Revolving Door
The 2025 Guidance marks the latest development in a long-running pattern of revolving labor policy, reflecting the political priorities of successive presidential administrations. The 2024 Rule had previously replaced the Trump Administration’s 2021 Rule (the “2021 Rule”), which aimed to simplify the employee-versus-independent contractor analysis under the FLSA. The 2021 Rule emphasized two “core factors” of the traditional multifactor economic realities test: (1) the nature and degree of control over the work, and (2) the worker’s opportunity for profit or loss. By prioritizing these elements, the Trump-era rule created a more employer-friendly framework that often favored independent contractor classification.
The 2024 Rule reinstated the “totality of the circumstances” approach to the economic realities test, treating all factors with equal weight rather than prioritizing any single one. By doing so, the WHD assessed worker classification by holistically evaluating all six factors of the test. This broader, more balanced analysis often leaned toward classifying workers as employees, particularly in cases where multiple factors pointed to economic dependence on the employer.
While the Trump Administration previously issued a rule emphasizing a two “core factors” approach to worker classification, neither the 2025 Bulletin nor the 2008 and 2019 Guidance documents it references adopt that framework explicitly. Instead, the 2025 Bulletin affirms the DOL’s departure from the Biden-era 2024 Rule and suggests that additional rulemaking may be forthcoming, signaling continued evolution in the DOL’s enforcement strategy.
DOL Enforcement v. Private Litigation
It’s essential to understand the scope of the 2025 Bulletin’s applicability. As previously discussed, the 2025 Bulletin eliminates the use of the 2024 Rule in WHD investigations and classifications, even though that rule remains effective in private litigation. The distinction between these two contexts – WHD investigations and private lawsuits – centers on who initiates the action, the underlying purpose, and the legal procedures involved.
WHD Investigation
- Initiated by: The U.S. Department of Labor’s Wage and Hour Division
- Purpose: To enforce federal labor laws, such as the FLSA, by ensuring employers comply with minimum wage, overtime, and classification rules.
- Process: WHD investigators may conduct audits, review payroll records, and interview employees. These investigations can be random, complaint-driven, or targeted based on industry trends.
- Outcome: If violations are found, the WHD may seek back wages, penalties, or require changes in employment practices. Employers can settle disputes administratively without going to court.
Private Litigation
- Initiated by: An individual worker or group of workers
- Purpose: To seek compensation for alleged violations of labor laws, such as unpaid wages or misclassification.
- Process: The case is filed in court, and both parties engage in litigation, which may include discovery, motions, and potentially a trial.
- Outcome: A judge or jury determines liability and damages. The court may award back pay, liquidated damages, attorney’s fees, and other relief.
Practical Implications
For private employment matters, employers should continue to follow the 2024 Rule, as it remains the governing standard in litigation. The 2025 Bulletin applies only in the context of WHD investigations. While future rulemaking could align the DOL’s position more closely with the 2021 Rule – potentially establishing a new nationwide standard – it is essential for employers to stay informed about ongoing developments relating to worker classification. Misclassifying a worker, even unintentionally, can lead to significant financial penalties under both federal and state laws and may jeopardize the long-term stability of your business.
(Side note: Adding to the complexity of this situation is the U.S. Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron doctrine and could have far-reaching implications for how the DOL approaches worker classification. However, the full impact of that ruling warrants a deeper discussion – one best served for a future blog post.)
For more information on the 2024 Rule and worker classification, check out our previous blog post here.
Tags: FLSA, Independent Contractor, Worker Classification, Employee, labor, employment, Ag Labor
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On April 9, 2025, the Ohio House of Representatives passed its version of the state’s biennial budget, also known as House Bill 96, which introduces substantial revisions to Ohio’s pesticide application laws. These updates aim to bring the state into closer alignment with current federal regulations and carry significant implications—particularly for family farms that involve youth workers. As the school year ends and more minors begin working regularly on farms, the timing of these proposed changes raises concerns about how they may limit the roles young people can legally perform—especially when it comes to pesticide-related tasks.
Changes on the Horizon?
One of the most notable changes is the proposed restriction that only licensed commercial or private pesticide applicators may “use” Restricted Use Pesticides (“RUPs”). This would eliminate the previous allowance for trained service persons, immediate family members, or employees to apply RUPs under the direct supervision of a licensed applicator.
Additionally, House Bill 96 expands the definition of “use” of RUPs to include not only the act of application but also:
- Pre-application activities such as mixing and loading;
- The application itself, performed by a licensed commercial or private applicator;
- Other pesticide-related tasks, including transporting or storing opened containers, cleaning equipment, and disposing of leftover pesticides, spray mixtures, rinse water, containers, or any materials containing pesticides.
The bill makes clear that no individual may use RUPs unless they are properly licensed under Ohio law, reinforcing the importance of formal certification for anyone involved in pesticide handling.
What Does this Mean for Youth on the Farm?
Under current Ohio law, immediate family members—including minors—are permitted to apply RUPs as long as they are under the direct supervision of a licensed applicator. For years, agricultural families have relied on this exemption to allow youth to assist with farm duties involving pesticide use. However, the proposed changes in House Bill 96 would eliminate this exception by requiring that anyone handling RUPs be individually licensed. Because Ohio law mandates that pesticide applicators be at least 18 years old, minors would no longer be permitted to perform any pesticide-related tasks, even under direct supervision. Of course, this provision is not just geared toward youth on the farm—it also affects employees and trained service persons who previously operated under a licensed applicator’s supervision. If the proposed changes go through, a violation of the law could result in significant civil penalties.
Given the proposed changes in House Bill 96, it’s an appropriate time to take a broader look at the full range of youth labor regulations that apply to farm work. While pesticide use is just one area impacted by legal restrictions, there are numerous federal and state laws that govern what tasks minors can perform, what equipment they can operate, and how many hours they can legally work—especially during the school year versus summer months. These rules can vary based on the age of the minor and their relationship to the farm owner. With regulatory changes potentially tightening in one area, it’s essential for farm families and employers to ensure they are in compliance across the board to avoid penalties and ensure safe, lawful participation of youth in agricultural work. Read more about employing youth on the farm here.
Next Steps
Farm families and employers should begin preparing for the upcoming changes to Ohio’s pesticide rules. While these changes aren't law yet—they won’t take effect until the Governor signs the bill—they are needed to align Ohio’s regulations with federal law. If Ohio wants to keep its authority to enforce the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), these updates are a forgone conclusion.
To review the specific pesticide-related provisions in House Bill 96, begin on page 903 of the bill text. Alternatively, for an overview of the proposed budget and potential changes, you can consult the summary prepared by the Ohio Legislative Service Commission.
Tags: pesticides, restricted use pesticides, youth labor, Labor and Employment, minors on the farm, pesticides and minors.
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Authored by: Carl Zulauf, Seungki Lee, and David Marrison, Ohio State University, May 2025
Click here for PDF version of this paper
This paper provides estimates of expected payments by the ARC-CO (Agriculture Risk Coverage – County version) and PLC (Price Loss Coverage) commodity programs for the 2024 crop year.
Official payment rates are expected in October 2025. They can deviate notably from estimates as final prices and yields are yet known. Prices and yields, particularly for ARC-CO, are in a range where small changes can cause large changes in payment rates. Use the estimates with caution.
The estimates use 2024 crop year program parameters from USDA, FSA (US Department of Agriculture, Farm Service Agency), and latest available data for 2024 market year price estimates from USDA, FSA and county yield estimates from USDA, NASS (National Agricultural Statistics Service).
May 2025 Estimates of 2024 Crop Year Payments:
- ARC-CO: Ohio corn and soybean payments are expected for at least some counties. As a revenue program, ARC-CO payment calculations include yield. 2024 Ohio weather was highly variable. Yields and thus county payment rates will be variable. Some counties have irrigated and non-irrigated base acres. Payment estimates are calculated only for non-irrigated base since dryland production is far more common in Ohio. Payment estimates per base acre vary from $0 (21 counties) to $90 (Greene) for corn base and from $0 (13 counties) to $58 (Fairfield) for soybean base (see appended maps). These estimates include the 85% payment factor (i.e. 15% payment reduction factor). No estimate is available for corn and soybeans in 24 and 15 counties. A common reason is that too few farmers in the county responded to the NASS survey to estimate yield with statistical confidence. County NASS yields are not available for wheat. Also appended are maps of county gross revenue (estimated price times estimated yield) plus estimated ARC-CO pay rate per acre. They illustrate that ARC-CO payments are countercyclical to low market revenue (correlation between total revenue and ARC-CO pay rate is roughly -0.30). Higher revenue/yields are almost always preferred to an ARC-CO payment.
- PLC: At present, no PLC payments are expected for corn, soybeans, and wheat as the current estimate of US market year price is not below the effective reference price: corn ($4.35 vs. $4.01), soybeans ($9.95 vs. $9.26), and wheat ($5.50 vs. $5.50).
Commodity Program Policy Objective:
- ARC-CO provides assistance if a crop’s county market revenue is below 86% of a crop’s county benchmark market revenue for 5 recent crop years.
- PLC provides assistance if a crop’s US market year price is below 100% of the crop’s US effective reference price set by Congress.
- ARC-IC provides assistance if an ARC-IC farm’s average per acre revenue from all program crops is below 86% of the ARC-IC farm’s per acre benchmark revenue.
Payment Formulas:
ARC-CO payment rate per base acre = MAX [$0, or 86% times (county benchmark revenue minus observed revenue) times a farm’s PLC base yield times 85% payment reduction factor]. County benchmark revenue = (5-crop year Olympic average (high and low values removed) of recent US market year prices times 5-crop year Olympic average of recent trend-adjusted county yields). Observed revenue = observed US crop year price times observed county yield. ARC-CO payment rate is capped at 10% of county benchmark revenue.
PLC payment rate per base acre = MAX [$0, or (US effective reference price – US market year price) times a farm’s PLC base yield times 85% payment reduction factor].
Not long ago, an official looking letter arrived addressed to my deceased father. Inside was a message from “Attorney Patterson” stating that a man named Nicholas Moore had died in Canada. No heirs. No next of kin. But, conveniently, a $10 million life insurance policy just waiting to be claimed.
The letter was vague on details and how my family was related to Nicholas Moore was even more ambiguous. But “Mr. Patterson’s” letter was optimistic, and the proposition was simple: if I agreed to pose as a relative, we’d split the payout 50/50. It was a win/win proposition, we would both receive half of the unclaimed life insurance policy.
My branch of the Moore family tree is pretty small so I was quite sure I was not related to Nicholas Moore of Ontario, Canada. Furthermore, I am not in the habit of replying to Canadian estate lawyers who contact me out of the blue regarding long lost relatives. But curiosity got the better of me. I sent an email to “Attorney Patterson” — not because I believed any part of the story, but because I wanted to see how this scam was played.
The email response did not disappoint. I was assured that this was all legitimate, there was no risk to me, and my “partner” would do all the work. All that was required of me was my full name, address, occupation, marital status, and age. Of course, it was very important that I keep this all a secret.
I knew what was coming in the next email - requests for funds to pay for filing fees, expenses and other costs required to collect the $10 million insurance policy, so I ended my email exchange with “Mr. Patterson”. Still, this scam did get me thinking about some real issues with life insurance policies.
How Life Insurance Policies Really Work
In the real world, life insurance is not handled by sketchy attorneys with gmail addresses probably working from a dimly lit basement. Life insurance companies are a suspicious group, and rightly so. Before any money goes out, they require two things: proof that the insured has indeed passed away, and confirmation that the person asking for the money is the one actually listed as the beneficiary. That’s it, no exceptions. Ask anyone who has made a death benefit claim to a life insurance company, they can attest that it is a deliberate, formal process and the insurance company will not send funds until all I’s are dotted and T’s are crossed. “Attorney Patterson” will be disappointed that his scam will not work.
Due to the inflexible nature of life insurance policies, it is very important to make sure that each life insurance policy has up-to-date beneficiaries. Parents who forgot to add their second child to their life insurance policy would be disappointed to find that that their first child will receive the entire payout from the policy. Life insurance companies will not make exceptions for “I meant to” or “I should have”. Make sure that every person you want to receive the death benefit is identified as a beneficiary.
Life insurance policies will typically allow for contingent beneficiaries. A contingent beneficiary will receive the death benefit if the primary beneficiary dies before the insured dies and the policy pays out. It is important to have a contingent beneficiary for each primary beneficiary.
If there are no beneficiaries or all primary and contingent beneficiaries have died, the death benefit will be paid to the insured’s estate. Then, the will or laws of the state will direct how the death benefit proceeds are distributed. The death benefit proceeds will be treated just like any other asset in the estate. The probate process will require verification of all heirs of the estate before the funds are released. “Attorney Patterson” will be further disappointed to learn that probate court is also scam-resistant.
Useful Tips for Life Insurance Policy
The following tips may not be as exciting as discovering you are the long-lost heir of a $10 million insurance policy, but they are useful for any life insurance policies you may own:
- Locate the policy and check the primary and contingent beneficiaries. Are they current? Alive? People you still like? If you cannot find the policy, contact the life insurance company or your insurance/financial advisor. It is relatively easy to add or change beneficiaries.
- Determine the cash value (if any), death benefit, premium and any other relevant information you may need for the policy. Do these numbers still match the goals of your estate plan?
- Tell someone you have a life insurance policy. This can be a spouse, child, executor, or trusted advisor. Life insurance companies do not contact you to start a death benefit claim, someone must contact them. There are life insurance policies that never get claimed because no one knows to file a claim.
A Scam’s Silver Lining
Even with scams, there is something we can learn. “Attorney Patterson’s” letter reminds us to keep our life insurance policies up-to-date so we don’t have to search across international borders for heirs. If you haven’t reviewed your life insurance policy for a few years, pull out the policy and review its terms and beneficiaries. If you can’t find the policy or are confused about some of its terms, contact your insurance agent or financial advisor. They will be able to explain your policy to you in a brief conversation. Keeping your life insurance policy current and accurate will make life much simpler for the beneficiaries of your policy.

Final plans are underway for the first annual "Agri-Law Summit," co-hosted by our OSU Agricultural & Resource Law Program and the Ohio State Bar Association Agricultural Law Committee. The day-long continuing legal education program will be Thursday, August 14, 2025, at the Retreat 21 Venue and Taphouse near Marysville, Ohio.
"Growing Our Competency in Counseling Agriculture" is the theme for the event, reflecting the goal of building expertise among the attorneys who work with agricultural businesses. The conference will begin with a focus on emerging issues for agriculture, featuring discussions with Tracy Intihar, Assistant Director of the Ohio Department of Agriculture and Harrison Pittman, Director of the National Agricultural Law Center. We're finalizing speakers for additional topics on the agenda, which will include:
- Guiding farm businesses on disaster risk mitigation
- Legal needs for value-added businesses
- Advising new farmland owners
- Drafting tips for LLC operating agreements
- Tax incentives for agricultural easements
- Cybersecurity management
Through the Paul L. Wright Endowment in Agricultural Law at Ohio State, law students and new law graduates can receive a scholarship to attend the Agri-Law Summit at no cost.
A final agenda and registration information for the Agri-Law Summit will be available soon on the Farm Office website at farmoffice.osu.edu/agri-law-summit.

Unidentified drones flying over property have raised many concerns recently, but new laws in Ohio may ease those concerns. The new laws aim to enhance safety, protect privacy, and align state laws with federal regulations for “unmanned aerial vehicles” (UAVs), or “drones.” Passed late last year as H.B. 77 and effective on April 9, 2025, the new laws amend Ohio’s aircraft safety laws to prohibit operating UAVs in certain ways and also address local government use and regulations for UAVs.
Legal definition of UAV
A UAV, according to the new law, is commonly referred to as a drone and is a vehicle that does not carry a human operator, is operated without the possibility of direct human intervention from within or on the vehicle, uses aerodynamic forces to provide lift, can fly autonomously or be piloted remotely, and is either expendable or recoverable. The law clarifies that a satellite is not a UAV.
Prohibited drone operations
The law establishes four prohibited actions by UAV operators in Ohio and sets penalties for violating the prohibitions:
- Knowing endangerment. A person shall not operate a UAV “on the land or water or in the air space over this state in a manner that knowingly endangers any person or property or purposely disregards the rights or safety of others.” A violation of this provision can result in a $500 fine and/or up to six months of imprisonment.
- Interference with law enforcement and emergency responders. The law prohibits operating a drone in a way that disrupts, interrupts, or impairs the operations or activities of law enforcement, fire department, or emergency medical services. Criminal misdemeanor or felony charges are possible, depending on whether the interference was committed knowingly or the result of recklessness.
- Operation over critical facilities. Two new provisions apply to “critical facilities,” which includes hospitals that receive air ambulance services; military installations; commercial distribution centers; courts, jails, and prisons; and police stations, sheriff’s offices, state highway patrol stations, and premises controlled by the bureau of criminal investigation. The law prohibits a person from operating a drone to photograph, record, or loiter over or near a critical facility in two situations. The first situation is operating a drone with the purpose of tampering with or destroying the facility and the second is operating a drone to further another criminal offense involving harm to a person. Violations of these laws can lead to criminal misdemeanor and felony charges, depending on the operator’s intent and whether the action is a repeated violation.
- Compliance with federal law. The new law ties into federal law and regulations that require registration of UAVs and licensing for certain UAV operators. Ohio law prohibits a person from operating a UAV in Ohio if those federal laws or FAA regulations would prohibit the operation, which allows the state to enforce the federal law requirements.
Local governments and drones
Another provision of the new law provides authority to municipalities, counties, townships, and park districts. These local governments can now adopt local ordinances or regulations for UAVs in two situations: for hobby or recreational uses of drones above a park or other public property and for the use and operation of drones by the local government.
What do the new laws mean for agriculture? The laws place new responsibilities on drone operators to use drones responsibly and for legitimate purposes while providing remedies for those whose safety or privacy are endangered by drone operations. In those situations, a person should contact local law enforcement. Federal law requires registration and “Remote ID” tracking technology for UAVs, which can allow identification of the drone operator from an on-the-ground transmitter. With the new laws, there are now legal options for pursuing enforcement against bad actors. Local governments can also now enact additional laws to ensure safe drone operation in their public areas.
What the laws don’t do is authorize the “shooting down” of suspicious drones. It is a federal crime to shoot or intentionally harm a drone, even if the drone is flying over someone’s private property. Shooting a drone from the sky can also create safety risks and potential civil liability. Read more about options for dealing with suspicious drone activity in our previous blog post.
Information about House Bill 77 is available on the Ohio General Assembly’s website.
The federal estate tax exemption is set to drop dramatically in 2026—from $13.99 million in 2025 to an estimated $7–$7.5 million per person. For some farm families, this shift could result in significant estate tax exposure. While most estates won’t exceed the new limit, some farmers, especially those with high-value farmland or appreciating assets, will find themselves suddenly at risk of federal estate taxes.
Gifting is one strategy to reduce the size of your taxable estate, but it’s not always simple or risk-free. Let’s explore when gifting can help, when it might not, and what to watch out for.
Two Types of Gifts
There are two main gifting categories under federal law:
- Annual Exclusion Gifts – In 2025, you can gift up to $19,000 per recipient ($38,000 for couples) annually without using any of your lifetime exemption.
- Lifetime Credit Gifts – Larger gifts are allowed, but they reduce your lifetime estate tax exemption. The lifetime estate tax exemption is the amount of wealth that the IRS exempts from estate taxes. The exemption can be used at death, gifted away during life, or a combination of the two.
Example: If a parent gifts a $1,019,000 farm to a child, the first $19,000 is exempt from taxes and does not reduce the parent’s estate tax exemption. The remaining $1,000,000 reduces the parent’s lifetime estate tax exemption from $13.99 million to $12.99 million.
Gifting Strategies That Work
1. Annual Exclusion Gifts
If you're just slightly over the expected 2026 exemption, annual gifts can move you back under the limit.
Example: A grandparent with 10 grandchildren can gift $190,000 per year. Over 2 years, that’s $380,000—enough to reduce a modest estate and eliminate taxes.
But for high-net-worth individuals, $19,000 per person may be too little to make a significant impact.
2. Lifetime Gifts of Appreciating Assets
Large gifts don’t directly reduce estate tax liability (since they reduce your exemption), but they remove future appreciation from your estate.
Example: If you gift farmland worth $1M that later appreciates to $3M, only $1M is deducted from your estate tax exemption — the $2M in appreciation escapes estate taxation entirely.
Potential Downsides of Gifting
- No Stepped-Up Basis. Gifting assets during life means recipients take your original tax basis, not the stepped-up value at death—potentially increasing future capital gains taxes.
- Loss of Control & Income. You must fully give up ownership and control. Gifting income-producing property could impact your financial security.
- Risk of Financial Mismanagement. If a gifted asset is lost to debt, lawsuits, or divorce, it's gone. One solution? Use an irrevocable trust to hold the gift—this protects assets while still benefiting your heirs.
Another Strategy: Pay Directly for Education & Medical Expenses
The IRS allows unlimited direct payments of tuition or medical bills without using your exemption. But payments must go straight to the provider, not to the individual.
Example: Grandpa has a $9 million estate and wants to reduce its size before the federal estate tax exemption drops in 2026. He has four grandchildren in college and a daughter who recently underwent surgery.
Grandpa pays the following directly:
- $20,000 in tuition for each grandchild (4 x $20,000 = $80,000) directly to their universities
- $25,000 in hospital bills paid directly to the hospital for his daughter
Total Reduction in Taxable Estate: $105,000
Impact on Exemption: None—these payments do not count against Joe’s $13.99 million estate tax exemption or annual gift limit, because they qualify under the IRS educational and medical exclusions. Grandpa could still give each of those recipients an additional $19,000 under the annual gift exclusion without any tax consequences.
Conclusion: Gift With Caution and Professional Help
Gifting can be an effective estate tax strategy—but only when used thoughtfully and with professional guidance. Consider the loss of stepped-up basis, the asset’s appreciation potential, your own financial needs, and the stability of the recipient. For some, the risks of gifting may outweigh the benefits.
With estate tax rules changing in 2026, now is the time to review your estate plan. Consult your attorney and tax advisor to determine if gifting fits your strategy—and how to do it safely.
For more information on gifting and estate taxes, see the Gifting to Reduce Federal Estate Taxes bulletin available at farmoffice.osu.edu.
Tags: estate taxes, Gifting
Comments: 0

We're preparing for another edition of our monthly webinar, Farm Office Live, on Friday, April 25 at 10 a.m. Our featured guest this month is Dr. Margaret Jodlowski, Asst. Professor in the Dept. of Agricultural Environmental and Development Economics, who will discuss farm labor issues with us. Our remaining agenda features the Farm Office team addressing these topics:
- Strategies for Developing the Next Leader of Your Farm Operation - David Marrison, Farm Management Field Specialist
- Crop Profit Outlook - Barry Ward, Production Business Management Leader
- Farm Business Analysis Update - Clint Schroeder, Farm Business Analysis Program Manager
- State and Federal Legislative Update - Peggy Hall, Agricultural & Resource Law Program Director
- New Laws: Paystub Protection Act and Operation of Drones - Jeff Lewis, Agricultural & Resource Law/Tax Schools Attorney
- Tax Update: Are Avian Flu Indemnifications Exempt? - Barry Ward and Jeff Lewis
- Upcoming Events and Deadlines - David Marrison
Join in for this free webinar by registering at farmoffice.osu.edu/farmofficelive, where replays of previous webinars are also available. We hope to see you there!

On April 9, 2025, Ohio enacted House Bill 106, known as the Pay Stub Protection Act. This bipartisan legislation marks a meaningful step forward in promoting wage transparency and safeguarding worker rights across the state. Prior to this law, Ohio stood out as one of the few states without a mandate for employers to issue pay stubs. With its passage, the Act now ensures employees are provided with comprehensive earnings statements, bringing Ohio in line with the practices of most other states.
What the Law Requires
Under the Pay Stub Protection Act (codified in Ohio Revised Code Section 4113.14), employers are now mandated to provide each employee with a written or electronic pay statement on every regular payday. These statements must include:
- Employee’s name and address;
- Employer’s name;
- Total gross wages earned by the employee during the pay period;
- Total net wages paid to employee for the pay period;
- An itemized list of additions to or deductions from wages paid to the employee, with explanations; and
- The date the employee was paid and the pay period covered by that payment.
For hourly employees, the following three additional items are also required:
- Total hours worked during the pay period;
- Hourly wage rate; and
- Total number of hours worked beyond 40 hours in a workweek.
Enforcement
While the Pay Stub Protection Act brings Ohio in line with the majority of states regarding wage transparency, it differs from some by not granting employees the right to sue or seek monetary compensation for an employer’s noncompliance. If an employee does not receive a pay stub that meets the Act’s requirements, they must first submit a written request to their employer for a compliant pay stub. The employer then has 10 days to provide the required statement.
If the employer fails to respond within that timeframe, the employee may report the violation to the Ohio Department of Commerce. Should the Department find a violation, it will issue a written notice to the employer. The employer is then required to post the notice in a conspicuous location on the premises for a period of 10 days.
Implications for Employers
Although many employers already issue pay stubs as a matter of best practice, Ohio law now makes it a legal requirement. This change presents an opportunity for employers to review their payroll systems and make any necessary updates to ensure compliance. Employers should confirm that their pay statements contain all required information and that any third-party payroll providers are also adhering to the new standards.
A Step Toward Greater Transparency
The Pay Stub Protection Act marks a meaningful step forward for worker rights in Ohio. By requiring detailed pay statements, the law equips employees with the information necessary to confirm their earnings and promotes greater transparency and fairness in the workplace.
For additional details about the Pay Stub Protection Act and its requirements, refer to the official legislative text of House Bill 106 or visit the Ohio Department of Commerce’s website.
Tags: Ohio Law, Pay Stub Protection Act, Agricultural Labor, Ag Labor, Farm Labor
Comments: 0
I recently received this question from a farm family. It’s one of the most common — and important — questions farm families ask when thinking about the future. Long-term care (LTC) is expensive, unpredictable, and often not covered by programs like Medicare. For farmers who’ve spent a lifetime building an operation and want to pass it on, the rising costs of LTC present a real financial risk to the land, the farm business, and the legacy. The following is a brief discussion on LTC costs and strategies.
The Growing Risk of Long-Term Care
Once upon a time, estate taxes were the biggest financial threat to the family farm. Today, that’s no longer the case. With higher federal estate tax exemptions, few farms owe estate taxes anymore. The real financial threat now? LTC costs.
LTC includes a wide range of services — from home-based personal care to skilled nursing facility stays — and most of it isn’t covered by Medicare. These services help people with chronic illness, disability, or aging-related conditions. For example, assistance with dressing, bathing, eating, or even just getting around. Care might start at home and eventually move to a facility. Costs vary by setting and service, but they add up quickly.
Here are a few important facts to help understand the implications of LTC on farming operations:
- 69% of people over 65 will need some form of LTC.
- Average LTC lasts 3 about years, with women needing slightly more (3.7 years) than men (2.2 years).
- 20% of people will need care for more than 5 years — these are the “outliers” most likely to face LTC costs that can jeopardize the farm.
- In Ohio, a year in a nursing home will cost around $100,000 or more.
For a farm couple, those numbers can double — and the risk of outliving income and savings increases.
Can the Farm Handle It?
If you’re wondering whether your operation could survive those costs, it depends on a few things:
- Do you have income (from Social Security, retirement accounts, rent, etc.) that could help cover LTC?
- Do you have non-farm assets, like savings or investments, to use before touching the farm?
- Would you be considered an “outlier”, needing care for many years — and would your current planning handle that?
In most cases, a farm family can survive average LTC costs, around $180,000, without needing to sell land and other critical assets. But it’s the outliers — the 5-to-10-year nursing home stays — that pose the greatest risk. That’s where planning becomes essential.
Planning Ahead: Options for Managing LTC Risk
There’s no one-size-fits-all solution. But there are strategies that can help reduce LTC risks and protect the farm. Here's a breakdown of the most common options:
- Do Nothing
For some, doing nothing is a valid strategy — if you have enough income and assets to cover even the worst-case LTC costs without risking the farm. But that’s rare. Most families should at least consider other options.
- Gifting Assets
Giving land or assets to heirs (usually children) more than five years before applying for Medicaid can protect those assets from LTC costs. But gifting comes with trade-offs:
- You lose control over the assets.
- The heir receives your original tax basis, which could trigger big capital gains taxes later.
- If you need LTC during the five-year look-back period, the gift can cause Medicaid penalties.
Gifting can be effective — but it needs to be done carefully, and early.
- Irrevocable Trusts
An irrevocable trust can protect assets while allowing some flexibility. You give up ownership and control, but the trust (managed by a trustee) holds the asset for your beneficiaries. If structured correctly and established early enough, the trust assets are shielded from LTC costs — and sometimes still qualify for a stepped-up tax basis at death.
But be warned: these trusts are complex, expensive to set up, and must be carefully maintained.
- Wait-and-See Approach
This strategy avoids doing anything upfront but relies on having enough income and savings to cover five years of LTC if needed. If care becomes necessary, assets are transferred and the clock starts. The gamble? If you can’t make it through the five-year penalty period, your assets might still be at risk.
- Self-Insurance
Some families choose to earmark a piece of the operation (a less productive farm, a savings account, etc.) to pay for care if needed. It gives flexibility and control, but it also requires discipline — and can lead to one spouse living more frugally out of fear the money won’t last.
- Long-Term Care Insurance
LTC insurance can cover all or part of the costs — and newer “hybrid” policies can include a life insurance component so the money isn’t lost if care isn’t needed. But these policies can be expensive and hard to qualify for, especially if you already have health issues. Still, they’re worth exploring with a good advisor.
So, What’s the Best Strategy?
The truth is, there’s no “best” option — just the best fit for your family’s goals, resources, health, and timing. Some families will mix and match strategies. Others will lean heavily on one. The important part is that you understand your risk and make intentional decisions, not default to inaction.
Talk to an Attorney and Plan Ahead
LTC is complicated. Medicaid rules, tax law, trusts, and gifting penalties are full of pitfalls. One wrong move — even with good intentions — can backfire. That’s why it’s so important to work with an attorney who understands long-term care planning and farm operations. Also, start the conversation now. Don’t wait until a crisis hits. Planning ahead can make all the difference — for your peace of mind today, and for your farm’s future tomorrow.
For more information on LTC and the risks to farms, see Long-Term Care and the Farm, a bulletin available at farmoffice.osu.edu.
Tags: Long-term care planning
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