Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
2/24/2018
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,107
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.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

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

Ask Your Own Employment Law Question
Customer reply replied 1 month 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: 5,107
Experience: Over 30 years of experience
Verified
Gerald, Esq and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,107
5,107 Satisfied Customers
Experience: Over 30 years of experience

Gerald, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Under Texas labor laws are employers required to give lunch
Under Texas labor laws are employers required to give lunch and rest breaks as of 2018? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have questions about labor laws. I tried to get answers
I tried to get answers from HR but they basically said there was nothing they could do … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I got a Labor Law Compliance form in the mail. Can you
I got a Labor Law Compliance form in the mail. Can you verify if this is a scam? I have a feeling it is.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need labor law for Colorado. Can you help? At will hourly
worker was forced to convert to part time hourly from private contractor… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am looking for clarification on a labor law here in
Hello I am looking for clarification on a labor law here in california … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
Looking for employment law guidance - regarding an employee
Hi. Looking for employment law guidance - regarding an employee that has gone on disability but we believe is falcifying her condition. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Could you tell me what the wage and labor laws regarding an
Hi, could you tell me what the wage and labor laws regarding an individual possession two W2 positions? the 2 companies have zero conflicts with the other in terms of competition. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Looking for a labor law attorney in Delaware. At will. We
Our Company runs group homes for the Intellectually and developmental disabled in DE … read more
Edward Young
Edward Young
Juris Doctor
339 satisfied customers
I need help about labor laws and employment contracts. CA.
I need help about labor laws and employment contracts … read more
socrateaser
socrateaser
1,031 satisfied customers
According to Indiana labor law do I have to pay a salaried
according to Indiana labor law do I have to pay a salaried employee for overtime? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can yoy assist in labor law, union environment? Union,
Hi, can yoy assist in labor law, union environment? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
Possibly....labor law. A simple one methinks, however;
possibly....labor law. A simple one methinks, however; right-to-work state. Done a bit of research … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
Labor Law in Georgia question.A Georgia employee gives a 2
Labor Law in Georgia question.A Georgia employee gives a 2 week notice. Does not have a contract. Has worked one of the 2 weeks however, with the holiday break happening the second week of two week no… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I need a labor law attorney. No applicable. It is a
It is a contractual relationship and not an employment relationship … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
I'm wondering what the labor laws are regarding lunch hour
Hi, I'm wondering what the labor laws are regarding lunch hour deductions. Our employees punch in and out and at times they forget to punch out for lunches that they are scheduled for and have taken. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
I have a question on forida labor law, more with pay. Spoke
I have a question on forida labor law, more with pay. … read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
I'm looking for an employment/labor law attorney to
I'm looking for an employment/labor law attorney to represent me. 15090 zip code area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x