(1)Employment means
services performed after December 31, 1977, by an individual in agricultural labor
as defined in section 8-70-109 when:
(a)Such service is performed for a person who, during any calendar quarter
in either the current or the preceding calendar year, paid remuneration in cash of
twenty thousand dollars or more to individuals employed in agricultural labor,
including agricultural labor performed by an alien referred to in paragraph (b) of
this subsection (1), or for some portion of a day in each of twenty different calendar
weeks, whether or not such weeks were consecutive, in either the current or the
preceding calendar year, employed in agricultural labor, including agricultural labor
performed by an alien referred to in paragraph (b) of this subsection (1),
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(1) Employment means
services performed after December 31, 1977, by an individual in agricultural labor
as defined in section 8-70-109 when:
(a) Such service is performed for a person who, during any calendar quarter
in either the current or the preceding calendar year, paid remuneration in cash of
twenty thousand dollars or more to individuals employed in agricultural labor,
including agricultural labor performed by an alien referred to in paragraph (b) of
this subsection (1), or for some portion of a day in each of twenty different calendar
weeks, whether or not such weeks were consecutive, in either the current or the
preceding calendar year, employed in agricultural labor, including agricultural labor
performed by an alien referred to in paragraph (b) of this subsection (1), ten or more
individuals, regardless of whether they were employed at the same moment of time;
and
(b) Such service is not agricultural labor if performed by an individual who is
an alien admitted to the United States to perform service in agricultural labor
pursuant to sections 214 (c) and 101 (a)(15)(H) of the federal Immigration and
Nationality Act.
(2) For the purposes of sections 8-70-115 to 8-70-125, any individual who is a
member of a crew furnished by a crew leader to perform service in agricultural
labor for any other person shall be treated as an employee of such crew leader:
(a) If such crew leader holds a valid certificate of registration under the
federal Migrant and Seasonal Agricultural Worker Protection Act or substantially
all the members of such crew operate or maintain tractors, mechanized harvesting
or cropdusting equipment, or any other mechanized equipment, which is provided
by such crew leader; and
(b) If such individual is not an employee of such other person within the
meaning of section 8-70-115.
(3) For the purposes of this section, in the case of any individual who is
furnished by a crew leader to perform service in agricultural labor for any other
person and who is not treated as an employee of such crew leader under subsection
(2) of this section:
(a) Such other person and not the crew leader shall be treated as the
employer of such individual; and
(b) Such other person shall be treated as having paid cash remuneration to
such individual in an amount equal to the amount of cash remuneration paid to such
individual by the crew leader (either on his own behalf or on behalf of such other
person) for the service in agricultural labor performed for such other person.
(4) For the purposes of this section, a crew leader is an individual who:
(a) Furnishes individuals to perform service in agricultural labor for any other
person;
(b) Pays (either on his own behalf or on behalf of such other person) the
individuals so furnished by him for the service in agricultural labor performed by
them; and
(c) Has not entered into a written agreement with such other person under
which such individual is designated as an employee of such other person.