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This entry was published on 2020-01-10
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Agricultural labor crew leaders
§ 564. Agricultural labor crew leaders. Whenever a person renders
services as a member of a crew which is paid and furnished by the crew
leader to perform services in agricultural labor for another employer,
such other employer shall, for the purpose of this article, be deemed to
be the employer of such person, unless:

1. the crew leader holds a valid certificate of registration under the
federal farm labor contractor registration act of nineteen hundred
sixty-three or substantially all the members of the crew operate or
maintain tractors, mechanized harvesting or crop dusting machinery or
any other mechanized equipment which is provided by the crew leader, and

2. Exclusion from coverage. For purposes of this section the term
"employment" shall not include services rendered by an individual who is
admitted to the United States to perform agricultural labor pursuant to
8 USC 1188 if, at the time such services are rendered, they are excluded
from the definition of employment in section 3306(c) of the Federal
Unemployment Tax Act.

3. the crew leader is not an employee of such other employer and has
not entered into a written agreement with such employer under which he
is designated as an employee.