“Employer”: Crew leaders who furnish persons to perform agricultural labor.
1. As used in this section, “crew leader” means any person who:
(a) Furnishes persons to perform agricultural labor for any other person;
(b) Pays the persons furnished by him, either on his own behalf or on behalf of another person; and
(c) Has not entered into a written agreement with another person under which he is designated as an employee of the other person.
2. For purposes of this chapter, any person who is a member of a crew furnished by a crew leader to perform agricultural labor for any other person is in the employment of the crew leader if:
(a) The crew leader holds a valid certification of registration under the Farm Labor Contractor Registration Act of 1963; or
(b) Substantially all the members of the crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment or any other mechanized equipment provided by the crew leader, and the services of the person performing agricultural labor are not otherwise defined as employment under this chapter.
3. Whenever any person is furnished by a crew leader to perform agricultural labor for any other person and he is not in the employment of the crew leader pursuant to subsection 2:
(a) The other person and not the crew leader is considered the employer; and
(b) The other person is considered to have paid cash remuneration to the person performing the agricultural labor in an amount equal to the amount paid by the crew leader, either on behalf of the crew leader or on behalf of the other person.
Last modified: February 25, 2006