Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

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. Continue reading Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift →

C.O.R.N. Newsletter: May 20-26

In this edition of the C.O.R.N. Newsletter:

  • May Chill Ahead – Aaron Wilson
  • Head Scab Risk Update – Stephanie Karhoff, Laura Lindsey, Pierce Paul
  • Scouting for Soybean Seedling Diseases in Ohio – Horacio Lopez-Nicora
  • Battle for the Belt: Season 3, Episode 8: Wet Weather and Nitrogen Loss – Maria Kessler, Taylor Dill, Diego Miranda, Laura Lindsey, Osler Ortez, Manbir Rakkar
  • Crop Progress Update and Replanting Decisions in Corn and Soybean – Osler Ortez, Laura Lindsey, Eric Richer 
  • Lep Monitoring Network – Black Cutworm and True Armyworm – Update #4 – Amy Raudenbush, Nic Baumer, Lee Beers, JD Bethel, Trevor Corboy, Mary Jo Hassen, Seth Kannberg, Alan Leininger, Clifton Martin, Garth McDorman, Jordan Penrose, Amanda Perkins, Beth Scheckelhoff, Mike Sunderman, Kyle Verhoff, Jacob Winters, Curtis Young, Andy Michel, Kelley Tilmon
  • Alfalfa Weevil Update – Kyle Verhoff, Aaron Wilson, Garth McDorman, Ryan Slaughter, Ryan McMichael, Ted Wiseman
  • Pastures for Profit will be offered in-person this June in Logan County – Emma Matcham, Jacob King

C.O.R.N. Newsletter is a summary of crop observations, related information, and appropriate recommendations for Ohio crop producers and industry. C.O.R.N. Newsletter is produced by the Ohio State University Extension Agronomy Team, state specialists at The Ohio State University and the Ohio Agricultural Research and Development Center (OARDC). C.O.R.N. Newsletter questions are directed to Extension and OARDC state specialists and associates at Ohio State.

Ohio Department of Agriculture (ODA) Expands Spotted Lanternfly Quarantine Area

Authors: Amy Stone and Ashley Kulhanek

The Ohio Department of Agriculture (ODA) is expanding the spotted lanternfly (SLF) quarantine to include counties in northeast and northwest Ohio to reduce the spread of the invasive insect. The media release that was distributed is included in its entirety.

The counties currently quarantined include:

  • Belmont
  • Carroll
  • Columbiana
  • Cuyahoga
  • Erie
  • Franklin
  • Hamilton
  • Jefferson
  • Lorain
  • Lucas
  • Mahoning
  • Muskingum
  • Ottawa
  • Portage
  • Seneca
  • Summit
  • Trumbull
  • Wood
    (*those in italics where recently added)

REYNOLDSBURG, Ohio (May 15, 2025) – The Ohio Department of Agriculture (ODA) is expanding the spotted lanternfly (SLF) quarantine to include counties in northeast and northwest Ohio to reduce the spread of the invasive insect.

The six new counties now under quarantine are: Wood, Seneca, Summit, Portage, Trumbull, and Carroll counties. A map of all counties under quarantine can be found here. Continue reading Ohio Department of Agriculture (ODA) Expands Spotted Lanternfly Quarantine Area →

USDA to Open General and Continuous Conservation Reserve Program Enrollment for 2025

USDA’s Farm Service Agency (FSA) plans to reopen the Conservation Reserve Program (CRP), a popular conservation program that enables agricultural producers and private landowners to increase wildlife habitat and conserve natural resources. FSA is accepting offers for both the General and Continuous CRP today through June 6, 2025.

The program – which marks its 40th anniversary this year – helps producers and landowners generate income from unproductive or marginal cropland while re-establishing valuable land cover to improve water quality, prevent soil erosion, and support wildlife habitat. Acceptable offers from all CRP signups must be approved by September 30, 2025.

How Ohio’s Proposed Pesticide Rules Could Affect Teens Working on Farms

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

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:

  1. Pre-application activities such as mixing and loading;
  2. The application itself, performed by a licensed commercial or private applicator;
  3. 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. Continue reading How Ohio’s Proposed Pesticide Rules Could Affect Teens Working on Farms →

2024 Farm Commodity Program Payment Estimates for Ohio Counties as of May 2025

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: Continue reading 2024 Farm Commodity Program Payment Estimates for Ohio Counties as of May 2025 →

C.O.R.N. Newsletter: May 13-19

In this edition of the C.O.R.N. newsletter: 

  • Wheat Foliar Diseases and Head Scab Risk – Stephanie Karhoff, Amanda Douridas, Pierce Paul
  • Wheat Heading, Flowering, and Head Scab Risk: Pierce Paul, Laura Lindsey
  • 2024 On-Farm Research Reports are Now Available – Rachel Cochran, Stephanie Karhoff
  • Battle for the Belt: Season 3, Episode 7: Soybean Seedling Disease – Taylor Dill, Diego Miranda, Maria Kessler, Laura Lindsey, Osler Ortez, Horacio Lopez-Nicora
  • Lep Monitoring Network – Black Cutworm and True Armyworm Update #3 – Amy Raudenbush, Nic Baumer, JD Bethel, Trevor Corboy, Mary Jo Hassen, Seth Kannberg, Alan Leininger, Clifton Martin, Garth McDorman, Jordan Penrose, Amanda Perkins, Beth Scheckelhoff, Mike Sunderman, Kyle Verhoff, Jacob Winters, Curtis Young, Andy Michel, Kelley Tilmon
  • Alfalfa Weevil and Alfalfa Quality – Kyle Verhoff, Aaron Wilson, Nick Eckel, Jason Hartschuh, Kendall Lovejoy, Garth McDorman, Ryan McMichael, Beth Scheckelhoff, Ryan Slaughter, Ted Wiseman
  • Statewide Slug Monitoring Project – Update #1 –  Amy Raudenbush, John Barker, Nic Baumer, Pressley Buurma, Amanda Douridas, Ken Ford, Seth Kannberg, Dean Kreager, Alan Leininger, Kendra Rose, Jocelyn Ruble, Beth Scheckelhoff, Ryan Slaughter, Tracy Winters, Jacob Winters, Ted Wiseman, Kelley Tilmon, Janessa Hill
  • Corn N Recommendations: Maximum Return to N Calculator Updated – Greg LaBarge, Manbir Rakkar
  • Small Grains Field Day: June 18th at Wooster Campus – Laura Lindsey

C.O.R.N. Newsletter is a summary of crop observations, related information, and appropriate recommendations for Ohio crop producers and industry. C.O.R.N. Newsletter is produced by the Ohio State University Extension Agronomy Team, state specialists at The Ohio State University and the Ohio Agricultural Research and Development Center (OARDC). C.O.R.N. Newsletter questions are directed to Extension and OARDC state specialists and associates at Ohio State.

Dead Canadians, Fake Lawyers, and Real Insurance Advice

Written by Robert Moore

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. Continue reading Dead Canadians, Fake Lawyers, and Real Insurance Advice →

First Agri-Law Summit coming in August

Written by Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program

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.

BEEF Cattle Letter: May 7

Six new articles have been posted in this week’s issue number 1446 of the Ohio BEEF Cattle letter: http://u.osu.edu/beef/

Is timeliness the greatest challenge we face on the farm? Some might suggest it is. This week we focus on our rapidly maturing forages, and an alternative that may allow a more timely harvest.

Articles this week include:

  • Using Baleage to manage your hay quality
  • Forage Maturity Across Ohio
  • Be Aware of Frothly Bloat Risk in Spring Pastures
  • Body condition scoring for beef cattle
  • Changes to Livestock Risk Protection Part 1
  • Pasture and Range Conditions Off to a Mediocre Start

Newsletter release by Stan Smith, OSU Extension ANR Program Assistant, Fairfield County