2006 Code of Virginia § 60.2-214 - Agricultural employment

60.2-214. Agricultural employment.

A. "Employment" includes service performed by an individual in agriculturallabor as defined in 60.2-201 when:

1. Such service is performed for a person who:

a. During any calendar quarter in either the current or the precedingcalendar year paid wages of $20,000 or more to individuals employed inagricultural labor, including labor performed by an alien referred to insubdivision 2 of this subsection, or

b. For some portion of a day in each of twenty different calendar weeks,whether or not such weeks were consecutive, in either the current or thepreceding calendar year, employed in agricultural labor, including laborperformed by an alien referred to in subdivision 2 of this subsection, ten ormore individuals, regardless of whether they were employed at the same momentof time.

2. Such service is not performed in agricultural labor by an individual whois an alien admitted to the United States to perform service in agriculturallabor pursuant to 8 U.S.C. 214 (c) and 8 U.S.C. 101 (a) (15) (H) of theImmigration and Nationality Act. Services performed and wages received bysuch alien workers after January 1, 1980, shall be counted in determiningwhether an employer is subject to the Virginia unemployment tax for his otherfarmworkers.

B. For the purposes of this section any individual who is a member of a crewfurnished by a crew leader to perform service in agricultural labor for anyother person shall be treated as an employee of such crew leader if:

1. Such crew leader holds a valid certificate of registration under theMigrant and Seasonal Agricultural Workers Protection Act of 1983 (29 U.S.C. 1801 et seq.) or substantially all the members of such crew operate ormaintain tractors, mechanized harvesting or crop dusting equipment, or anyother mechanized equipment, which is provided by such crew leader, and

2. Such individual is not an employee of such other person within the meaningof subdivision 1 of subsection A of 60.2-212.

C. For the purposes of this section, in the case of any individual who isfurnished by a crew leader to perform service in agricultural labor for anyother person and who is not treated as an employee of such crew leader undersubsection B of this section then:

1. Such other person and not the crew leader shall be treated as the employerof such individual, and

2. Such other person shall be treated as having paid wages to such individualin an amount equal to the amount of wages paid to such individual by the crewleader, either on his own behalf or on behalf of such other person, for theservice in agricultural labor performed for such other person.

D. For the purposes of this section, the term "crew leader" means anindividual who:

1. Furnishes individuals to perform service in agricultural labor for anyother person,

2. Pays, either on his own behalf or on behalf of such other person, theindividuals so furnished by him for the service in agricultural laborperformed by them, and

3. Has not entered into a written agreement with such other person underwhich such individual is designated as an employee of such other person.

(Code 1950, 60-14; 1952, cc. 30, 184; 1956, c. 440; 1962, c. 71; 1968, c.738, 60.1-14; 1971, Ex. Sess., c. 235; 1972, c. 824; 1974, cc. 466, 660;1976, c. 304; 1977, c. 330; 1979, c. 637; 1980, cc. 520, 522; 1981, cc. 28,369, 374, 375; 1982, c. 25; 1983, c. 14; 1984, cc. 120, 139, 204; 1985, cc.152, 254; 1986, c. 480; 1987, c. 113; 1993, c. 250; 1996, c. 745.)