§ 9-210. Farm worker

   (a) Definitions. --

   (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; or

         2. 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; and

         2. is employed:

            A. within 25 miles of the permanent residence of the individual; and

            B. for not more than 13 weeks a year.

(b) Employee covered. -- 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) Employee not covered. -- 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.

HISTORY: An. Code 1957, art. 101, § 8; 1991, ch. 8, § 2; ch. 21, § 4; 1996, ch. 238.