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I have some ag land in Hawaii (the Big Island) and a man…

I have some ag...

I have some ag land in Hawaii (the Big Island) and a man with a family wants to live on the land and develop some agricultural projects and split the profits with me. How can this be set up so I am not violations any local labor laws?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I have not started the project yet so I would need to know what kind of agreement to present and what rules to follow. IT would be full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If I would need any work comp. since this could be set up as a partnership or an employment agreement

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Hawaii

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Answered in 5 minutes by:
2/24/2018
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Employment Law Question

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You have two options:

1) Create an employment relationship where the other party is working for you for compensation. In this instance you would need to obtain work permits, pay waages, with hold taxes and pay unemployment and workers comp.

OR

2) Enter into a landlord tenant agreement where you rent the land to the other party for the development of the agricultural projects. You can structure the rental where you get a % of the proceeds from the operation. This is in the vernacular a form of share cropping or farm leasing:

See

https://www.agmanager.info/sites/default/files/NCFMEC-02.pdf

https://www.rocketlawyer.com/document/farm-lease.rl#/

In this situation the ther party is completely independent and os running the operation for himself but sharing the benfits with you. You charge him a reduced amount for the rent in exchange for a % of the operational proceeds.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 4 months ago
Hello Gerald,
Your links were very helpful and I am using the share drop agreement with the person we are working with. I have some questions:
1. I want a liability release form for the man and his family. Do you have a link for one I could use?
2. The "operator" in the Share Crop agreement has a friend who will live on the land with him and his family. The operator will pay the friend out of his earnings. FYI - the operator and the landowner (my Wife and I) are splitting the net income on a 50% / 50% basis. The operator will pay his friend out of his part of the income. What kind of agreement will I need to enter into or what type of addendum will I need to create to include this friend so that I do not have an employer/employee relationship?
and can I use the same type of liability release form for the friend?
Thanks in advance,
Rick

Thank you for your kind words. I appreciate that.

It is very important to both of us that you click the five stars to rate me. It is the only way I get credit for assisting you and it lets future experts know that you are a serious and reliable customer.

As to your new questions, the site would consider these new questions because they expand on the original question and take it in a new direction. As such the site prefers them to be posted as New Questions.

BUT I think I can respond briefly:

1) Hawaii law is not supportive of liability waivers. So they are going to be carefully construed by a court if it becomes an issue. You would be served to look into what general business liability insurance you can obtain. You can also require the Sharecropper to have similar insurance.

Nevertheless - Here is a sample Wiver of Liability for an activity. It is the closest I could find for you. BUT you can edit it to meet what you are doing.

It still has value even though it also may have limitations:

https://formswift.com/release-of-liability

2) You can add a clause to your agreement (or amend the agreement if you already entered it) simply stating that if the Operator sub-contracts with additional worker(s) that it is his obligation to compensate the worker(s) from his portion of the proceeds. Also add language that the operator will indemnify the owner against any and all claims made by a worker.

3) You would want a separate release from any worker.

Kinnd regards,

Gerald

Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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