Title 35A Utah Workforce Services Code
Chapter 4 Employment Security Act
Section 206 Agricultural labor.
35A-4-206. Agricultural labor.
(1) "Agricultural labor" means any remunerated service performed after December 31,
1971:
(a) on a farm, in the employ of any person in connection with cultivating the soil, or in
connection with raising or harvesting any agricultural or horticultural commodity, including the
raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and
fur-bearing animals and wildlife;
(b) in the employ of the owner or tenant or other operator of a farm, in connection with
the operation, management, conservation, improvement, or maintenance of the farm and its tools
and equipment, or in salvaging timber or clearing land of brush and other debris left by a
hurricane, if the major part of the service is performed on a farm;
(c) in connection with:
(i) the production or harvesting of any commodity defined as an agricultural commodity
in Subsection 15(g) of the Federal Agricultural Marketing Act, as amended, 46 Stat. 1550, Sec.
3; 12 U.S.C. 1141j;
(ii) the ginning of cotton; or
(iii) the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned
or operated for profit, used primarily for supplying and storing water for farming purposes;
(d) in the employ of the operator of a farm in handling, planting, drying, packing,
packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a
carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural
commodity; but only if the operator produced more than 1/2 of the commodity with respect to
which the service is performed; or
(e) in the employ of a group of operators of farms, or a cooperative organization of which
the operators are members, in the performance of service described in Subsection (1)(d), but only
if the operators produced more than 1/2 of the commodity with respect to which the service is
performed.
(2) (a) Subsections (1)(d) and (e) are not applicable with respect to service:
(i) performed in connection with commercial canning or commercial freezing;
(ii) in connection with any agricultural or horticultural commodity after its delivery to a
terminal market for distribution for consumption; or
(iii) on a farm operated for profit if the service is not in the course of the employer's trade
or business.
(b) As used in Subsection (1), "farm" includes stock, dairy, poultry, fruit, fur-bearing
animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar
structures used primarily for the raising of agricultural or horticultural commodities and orchards.
(3) (a) Services performed by an individual in agricultural labor are considered
employment when the service is performed for a person who:
(i) during any calendar quarter in either the current or the preceding calendar year paid
remuneration in cash of $20,000 or more to individuals employed in agricultural labor; or
(ii) for some portion of a day in each of 20 different calendar weeks, whether or not the
weeks were consecutive, in either the current or the preceding calendar year, employed in
agricultural labor 10 or more individuals, regardless of whether they were employed at the same
moment of time.
(b) For the purposes of this Subsection (3), any individual who is a member of a crew
furnished by a crew leader to perform service in agricultural labor for any other person is treated
as an employee of the crew leader:
(i) if the crew leader holds a valid certificate of registration under the Migrant and
Seasonal Agricultural Worker Protection Act;
(ii) if substantially all the members of the crew operate or maintain tractors, mechanized
harvesting, or crop dusting equipment, or any other mechanized equipment, that is provided by
the crew leader; and
(iii) if the individual is not an employee of the other person within the meaning of
Section 35A-4-204.
(c) For the purposes of this Subsection (3), 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 (3)(b)(iii):
(i) the other person and not the crew leader is treated as the employer of the individual;
and
(ii) the other person is 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 individual's own behalf or on behalf of the other person, for the service in agricultural
labor performed for the other person.
(d) For the purposes of this Subsection (3), "crew leader" means an individual who:
(i) furnishes individuals to perform service in agricultural labor for any other person;
(ii) pays, either on the individual's own behalf or on behalf of the other person, the
individuals so furnished by the individual's for the service in agricultural labor performed by
them; and
(iii) has not entered into a written agreement with the other person under which the
individual is designated as an employee of the other person.
Amended by Chapter 375, 1997 General Session
Download Code Section Zipped WordPerfect 35A04_020600.ZIP 4,062 Bytes