(a)As used in this section, "agricultural labor" means
remunerated service performed:
(i)On a farm for any person involving cultivating
the soil or raising or harvesting any agricultural or
horticultural commodity including training and managing
livestock, bees, poultry, wildlife or furbearing animals;
(ii)For the owner, tenant or other operator of a
farm involving the maintenance of the farm and any tools and
equipment if the major part of the service is performed on the
farm;
(iii)For the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing, delivering to storage or market in its
unmanufactured state or delivering to a carrier for
transportation to market, any agricultural or horticultural
commodity if the operator produced more
Free access — add to your briefcase to read the full text and ask questions with AI
(a) As used in this section, "agricultural labor" means
remunerated service performed:
(i) On a farm for any person involving cultivating
the soil or raising or harvesting any agricultural or
horticultural commodity including training and managing
livestock, bees, poultry, wildlife or furbearing animals;
(ii) For the owner, tenant or other operator of a
farm involving the maintenance of the farm and any tools and
equipment if the major part of the service is performed on the
farm;
(iii) For the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing, delivering to storage or market in its
unmanufactured state or delivering to a carrier for
transportation to market, any agricultural or horticultural
commodity if the operator produced more than fifty percent (50%)
of the commodity;
(iv) For the operation or maintenance of ditches,
canals, reservoirs or waterways used exclusively for supplying
and storing water for farming purposes;
(v) In the production or harvesting of an
agricultural commodity as defined under 12 U.S.C. § 1141j(g);
(vi) For a group of farm operators or a cooperative
organization of which the operators are members for services
specified under paragraph (iii) of this subsection if the
operators produced more than fifty percent (50%) of the
commodity. This paragraph does not apply to service involving
commercial canning, commercial freezing or any agricultural or
horticultural commodity after delivery to a terminal market for
distribution for consumption.
(b) As used in subsection (a) of this section, "farm"
means stock, dairy, poultry, fruit and furbearing animal
operations, truck farms, ranches, nurseries, ranges, orchards,
greenhouses and other operations primarily engaged in the
raising of agricultural or horticultural commodities.
(c) Agricultural labor is employment under this act if it
is performed for a person who:
(i) Paid cash wages of twenty thousand dollars
($20,000.00) or more during any calendar quarter in the current
or preceding calendar year to individuals employed in
agricultural labor; or
(ii) Employed ten (10) or more individuals in
agricultural labor for a part of one (1) day for twenty (20)
calendar weeks within the current or preceding calendar year.
(d) For purposes of this section, any member of a crew
furnished by a crew leader to perform service in agricultural
labor for any other person is an employee of the crew leader if:
(i) The crew leader is certified under 29 U.S.C. 1801
through 1872; or
(ii) Substantially all crew members operate or
maintain tractors, mechanized harvesting or crop dusting
equipment or other mechanized equipment provided by the crew
leader; and
(iii) The individual is not an employee of any other
person under W.S. 27-3-104 through 27-3-108.
(e) As used in this section, "crew leader" means an
individual who:
(i) Furnishes individuals to perform agricultural
labor for any other person;
(ii) Pays for himself or for others the cash wages of
individuals furnished by him for agricultural labor; and
(iii) Has not entered into a written agreement with
the other person designating the individuals as employees of
that person.
(f) If an individual furnished by a crew leader to perform
agricultural labor for another person is not an employee of the
crew leader pursuant to subsection (d) of this section, the
other person is the employer and shall pay cash wages of the
individual equal to the amount paid by the crew leader for the
service performed for that person.
(g) Employment under this act includes domestic service
performed for a person in a private home, local college club or
local chapter of a college fraternity or sorority for which cash
wages of one thousand dollars ($1,000.00) or more are paid for
any calendar quarter of the current or preceding calendar year.
(h) Service performed during any period in which
exemptions from federal unemployment tax liability are provided
for under 26 U.S.C. § 3306(c)(1)(B) including any amendments or
extensions thereto, by an alien admitted to the United States to
perform service in agricultural labor under 8 U.S.C. §§ 1101
through 1503, is exempt from this section.