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341.060 Employing unit.
(1)
(2)
(3)
(4)
(5)
As used in this chapter, unless the context clearly requires otherwise, "employing
unit" means any individual or type of organization, including any partnership,
association, society, trust, estate, joint-stock company, corporation, insurance
company, whether any of these are domestic or foreign, or the receiver, trustee in
bankruptcy, trustee or the legal representative of a deceased person, or this state or
any department, division, administrative unit, political subdivision or municipality
thereof, which has or subsequent to January 1, 1936, had one (1) or more workers
performing services for it within this state, or one (1) or more workers performing
services for it in covered employment in any state, or any successor to any
employing unit defined in this subsection.
All workers performing service within this state for any employing unit which
maintains two (2) or more separate establishments within this state shall be deemed
to be employed by a single employing unit for all purposes of this chapter.
For purposes of this chapter agricultural workers who are members of a crew
furnished by a crew leader to perform agricultural labor for another person shall be
deemed to be employed by such crew leader as the employing unit provided that:
(a) Such crew leader holds a valid certificate of registration under the Farm Labor
Contractor Registration Act of 1963; or
(b) Substantially all the members of such crew operate or maintain tractors,
mechanized harvesting or cropdusting equipment, or any other mechanized
equipment, which is provided by such crew leader; and
(c) Such individual is not an employee of such other person within the meaning
of paragraph (a).
For purposes of this chapter, if an individual is furnished by a crew leader to
perform agricultural labor for another person and who is not treated as an employee
of such crew leader under subsection (3) such other person, and not the crew leader,
shall be treated as the employing unit of such individual; and
(a) Such other person shall be treated as having paid cash remuneration to such
individual in an amount equal to the amount of cash remuneration paid to such
individual by the crew leader (either on his behalf or on behalf of such other
person) for the agricultural labor performed for such other person.
For purposes of this section, the term "crew leader" means an individual who:
(a) Furnishes individuals to perform agricultural labor for any other person,
(b) Pays (either on his behalf or on behalf of such other person) the individuals so
furnished by him for the agricultural labor performed by them, and
(c) Has not entered into a written agreement with such other person under which
such individual is designated as an employee of such other person.
Effective: July 1, 1978
History: Amended 1978 Ky. Acts ch. 389, sec. 6, effective July 1, 1978. -- Amended
1950 Ky. Acts ch. 206, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 4748g-3.
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