(1) In this section the following words have the meanings indicated.
(2) "Farmer" includes a dairy farmer.
(3) (i) "Migrant farm worker" means an individual who is engaged in seasonal or other temporary agricultural employment and who is:
1. absent overnight from the permanent residence of the individual; or
2. transported to and from the place of employment of the individual by a day-haul operation.
(ii) "Migrant farm worker" does not include an individual who performs a service included in subsection (b) of this section if the individual:
1. does not operate equipment or machinery; and
2. is employed:
A. within 25 miles of the permanent residence of the individual; and
B. for not more than 13 weeks a year.
(b) Employee covered.- Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if:
(1) the individual receives compensation from a farmer for any service other than office work, including:
(i) operating a machine connected with animal, crop, or soil management;
(ii) constructing or repairing a fixture or machine; or
(iii) handling an animal or crop with or without a machine; and
(2) the farmer has:
(i) at least 3 full-time employees; or
(ii) an annual payroll of at least $15,000 for full-time employees.
(c) Employee not covered.- An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if:
(1) the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;
(2) the individual is free from control and direction over the individual's performance of the service;
(3) the individual provides the individual's own equipment, materials, and tools; and
(4) the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.
(1) In this section the following words have the meanings indicated.
(2) "Farmer" includes a dairy farmer.
(3) (i) "Migrant farm worker" means an individual who is engaged in seasonal or other temporary agricultural employment and who is:
1. absent overnight from the permanent residence of the individual; or
2. transported to and from the place of employment of the individual by a day-haul operation.
(ii) "Migrant farm worker" does not include an individual who performs a service included in subsection (b) of this section if the individual:
1. does not operate equipment or machinery; and
2. is employed:
A. within 25 miles of the permanent residence of the individual; and
B. for not more than 13 weeks a year.
(b) Employee covered.- Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if:
(1) the individual receives compensation from a farmer for any service other than office work, including:
(i) operating a machine connected with animal, crop, or soil management;
(ii) constructing or repairing a fixture or machine; or
(iii) handling an animal or crop with or without a machine; and
(2) the farmer has:
(i) at least 3 full-time employees; or
(ii) an annual payroll of at least $15,000 for full-time employees.
(c) Employee not covered.- An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if:
(1) the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;
(2) the individual is free from control and direction over the individual's performance of the service;
(3) the individual provides the individual's own equipment, materials, and tools; and
(4) the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.
(1) In this section the following words have the meanings indicated.
(2) "Farmer" includes a dairy farmer.
(3) (i) "Migrant farm worker" means an individual who is engaged in seasonal or other temporary agricultural employment and who is:
1. absent overnight from the permanent residence of the individual; or
2. transported to and from the place of employment of the individual by a day-haul operation.
(ii) "Migrant farm worker" does not include an individual who performs a service included in subsection (b) of this section if the individual:
1. does not operate equipment or machinery; and
2. is employed:
A. within 25 miles of the permanent residence of the individual; and
B. for not more than 13 weeks a year.
(b) Employee covered.- Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if:
(1) the individual receives compensation from a farmer for any service other than office work, including:
(i) operating a machine connected with animal, crop, or soil management;
(ii) constructing or repairing a fixture or machine; or
(iii) handling an animal or crop with or without a machine; and
(2) the farmer has:
(i) at least 3 full-time employees; or
(ii) an annual payroll of at least $15,000 for full-time employees.
(c) Employee not covered.- An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if:
(1) the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;
(2) the individual is free from control and direction over the individual's performance of the service;
(3) the individual provides the individual's own equipment, materials, and tools; and
(4) the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.
