Current with changes from the 2024 Legislative Session
Section 9-210 - Farm worker(a)(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; or2. 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; and2. is employed: A. within 25 miles of the permanent residence of the individual; andB. for not more than 13 weeks a year.(b) 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) 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.