Many deals are done on a word and a handshake in the horse industry. But when it comes to your job, it’s important to ensure that everything is down on paper.
By Kristin Pitzer
Decisions in the corporate world require multiple signatures, printed contracts, and legalese for all situations. The horse industry is quite different—many times, deals are made and circumstances are agreed upon verbally, with the expectation that someone will always be true to their word.
That might hold up in a perfect world, but more often than not, people can find themselves being taken advantage of if there’s not a written agreement in place, especially in an employment setting. According to attorney Jordan Willette, who is based in Phoenix and San Francisco, employee manuals and/or barn operations guides are easy ways to communicate employment terms and expectations for both employer and employee, thus protecting both parties in the event a discrepancy or problem arises.
Put Your Expectations in Writing
Generally, most businesses lay out employee duties, salary, work schedules and time off procedures in employee contracts or manuals, which are prepared according to their state’s law. In the equine world, however, where many are hired as independent contractors and the scope of employment can change regularly, it’s often easier to have manuals or handbooks that explain a barn’s practices.
“At the barns I’ve been involved with throughout my life, job duties for people within the industry can change so much, especially on a day-to-day basis,” Willette said. “One day, you may be grooming and saddling horses and turning them out; then another, you might be asked to warm up a horse. It’s not like traditional businesses where they have strict parameters of what’s expected and can easily make an employment contract.”
An employee manual or operations manual can give you a place to start as far as outlining basic job expectations, benefits, schedules, and human resources-related requests. For example, it might describe responsibilities in the event of an emergency that’s outside of work hours, and also give time-off procedures during the horse show season. It can also outline how to handle problems with coworkers, including who to report to and any expectations of privacy.
“The key things you want to get on paper include the typical hours an employee will be expected to work, with the understanding that it may change because a horse could colic in the middle of the night,” Willette said. “If you’re going to have a set schedule, there could be the inclusion of a paragraph or a section that states, ‘This is what happens when it’s foaling season,’ or ‘this is what happens during and after a horse show.’”
Because horses don’t take time off from needing care, a manual should address is sick leave and whether it’s considered paid time off, Willette added. This can get complicated depending on in which state the worker lives, and it also depends on whether they’re considered an hourly employee, a salaried employee, or an independent contractor. Even if an employee was hired as an independent contractor, though, it’s possible they might be considered an employee under certain states’ laws.
“Every trainer/business owner should look at whether his or her employees are actually considered independent contractors or employees under that state’s law,” Willette said. “While there are tax benefits of having independent contractors, and it can be more economical for a business, at the end of the day, they may still be considered your employees based on the employment relationship. This is determined by your state’s laws, so it’s worth looking into.”
Prepare a Printed Back-Up Plan
A barn order of operations guide differs from an employee manual in that it provides the day-to-day instructions of how to run your stable. It’s a good thing to fall back on in the event you can’t be reached so that employees know how to proceed with daily events or certain emergencies.
Daily protocols like feeding, blanketing, and turnout schedules should be included in the barn operations guide. If there’s a rotating schedule so that the same people aren’t stuck caring for the horses every weekend, that should be mentioned as well so that it’s clearly marked who’s responsible for each day.
The operations guide should also have plans in place for different emergencies, especially if you’re not around. While no one can plan for every emergency, certain situations can be thought out ahead of time.
“It could state something like, ‘If the head trainer is not in town or is unavailable, call this follow-up person,’” Willette said. “It might also include the procedures for if a horse casts itself in a stall or colics—what do you do? You’ll want to go through different scenarios and have a list of who to call first when something happens, alongside a list of all emergency contacts, as well as instructions for your duties for certain situations.”
Even something that seems simple, like a schedule showing who’s responsible for sweeping and keeping aisles clean on which days, can be useful in an operations guide. That way, all expectations are fully transparent for both employer and employees.
Employee paperwork in the horse industry doesn’t have to be official, but it’s always good to have more than a verbal contract, especially when it comes to salary, job duties, employer obligations, and procedures. Even if it’s a digital document, it can be useful should any questions or disagreements arise.
“From either an employer or employee’s point of view, it’s always good to get at least the big overarching issues in writing, or even an email confirmation saying, ‘In the interview, we discussed X, Y, and Z’—just a general email that summarizes what was agreed to,” Willette said. “Including, of course, a disclaimer at the bottom saying this is the horse industry, and this is subject to change.”
For any questions about employment practices, manuals, or contracts, consult a lawyer in your state for the most up-to-date, reliable information.
