39-51-206. Agricultural labor — who treated as employer of member of crew furnished by crew leader. (1) For the purposes of 39-51-203, any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person must be treated as an employee of the crew leader if:

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(a)the crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Worker Protection Act, as amended, 29 U.S.C. § 1801, et seq.; or

(b)(i) substantially all the members of the crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment that is provided by the crew leader; and

(ii)the individual is not an employee of the other person for whom services in agricultural labor are performed.

(2)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 the crew leader under subsection (1):

(a)the other person and not the crew leader must be treated as the employer of the individual; and

(b)the other person must be treated as having paid cash remuneration to the individual in an amount equal to the amount of cash remuneration paid to the individual by the crew leader, either on the crew leader’s own behalf or on behalf of the other person, for the service in agricultural labor performed for the other person.

(3)The term “crew leader” means an individual who:

(a)furnishes individuals to perform service in agricultural labor for any other person;

(b)pays, either on the crew leader’s own behalf or on behalf of the other person, the individuals furnished by the crew leader for the service in agricultural labor performed by them; and

(c)has not entered into a written agreement with the other person under which the individual is designated as an employee of the other person.