35A-4-206 - Agricultural labor.
35A-4-206. Agricultural labor.
(1) "Agricultural labor" means any remunerated service performed after December 31,1971:
(a) on a farm, in the employ of any person in connection with cultivating the soil, or inconnection with raising or harvesting any agricultural or horticultural commodity, including theraising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, andfur-bearing animals and wildlife;
(b) in the employ of the owner or tenant or other operator of a farm, in connection withthe operation, management, conservation, improvement, or maintenance of the farm and its toolsand equipment, or in salvaging timber or clearing land of brush and other debris left by ahurricane, if the major part of the service is performed on a farm;
(c) in connection with:
(i) the production or harvesting of any commodity defined as an agricultural commodityin Subsection 15(g) of the Federal Agricultural Marketing Act, as amended, 46 Stat. 1550, Sec.3; 12 U.S.C. 1141j;
(ii) the ginning of cotton; or
(iii) the operation or maintenance of ditches, canals, reservoirs, or waterways, not ownedor operated for profit, used primarily for supplying and storing water for farming purposes;
(d) in the employ of the operator of a farm in handling, planting, drying, packing,packaging, processing, freezing, grading, storing, or delivering to storage or to market or to acarrier for transportation to market, in its unmanufactured state, any agricultural or horticulturalcommodity; but only if the operator produced more than 1/2 of the commodity with respect towhich the service is performed; or
(e) in the employ of a group of operators of farms, or a cooperative organization of whichthe operators are members, in the performance of service described in Subsection (1)(d), but onlyif the operators produced more than 1/2 of the commodity with respect to which the service isperformed.
(2) (a) Subsections (1)(d) and (e) are not applicable with respect to service:
(i) performed in connection with commercial canning or commercial freezing;
(ii) in connection with any agricultural or horticultural commodity after its delivery to aterminal market for distribution for consumption; or
(iii) on a farm operated for profit if the service is not in the course of the employer's tradeor business.
(b) As used in Subsection (1), "farm" includes stock, dairy, poultry, fruit, fur-bearinganimals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similarstructures used primarily for the raising of agricultural or horticultural commodities and orchards.
(3) (a) Services performed by an individual in agricultural labor are consideredemployment when the service is performed for a person who:
(i) during any calendar quarter in either the current or the preceding calendar year paidremuneration in cash of $20,000 or more to individuals employed in agricultural labor; or
(ii) for some portion of a day in each of 20 different calendar weeks, whether or not theweeks were consecutive, in either the current or the preceding calendar year, employed inagricultural labor 10 or more individuals, regardless of whether they were employed at the samemoment of time.
(b) For the purposes of this Subsection (3), any individual who is a member of a crew
furnished by a crew leader to perform service in agricultural labor for any other person is treatedas an employee of the crew leader:
(i) if the crew leader holds a valid certificate of registration under the Migrant andSeasonal Agricultural Worker Protection Act;
(ii) if substantially all the members of the crew operate or maintain tractors, mechanizedharvesting, or crop dusting equipment, or any other mechanized equipment, that is provided bythe crew leader; and
(iii) if the individual is not an employee of the other person within the meaning ofSection 35A-4-204.
(c) For the purposes of this Subsection (3), in the case of any individual who is furnishedby a crew leader to perform service in agricultural labor for any other person and who is nottreated as an employee of the crew leader under Subsection (3)(b)(iii):
(i) the other person and not the crew leader is treated as the employer of the individual;and
(ii) the other person is treated as having paid cash remuneration to the individual in anamount equal to the amount of cash remuneration paid to the individual by the crew leader, eitheron the individual's own behalf or on behalf of the other person, for the service in agriculturallabor performed for the other person.
(d) For the purposes of this Subsection (3), "crew leader" means an individual who:
(i) furnishes individuals to perform service in agricultural labor for any other person;
(ii) pays, either on the individual's own behalf or on behalf of the other person, theindividuals so furnished by the individual's for the service in agricultural labor performed bythem; and
(iii) has not entered into a written agreement with the other person under which theindividual is designated as an employee of the other person.
Amended by Chapter 375, 1997 General Session