23-612.01. Crew leader

A. " Crew leader" means an individual who does all of the following:

1. Furnishes individuals to perform agricultural labor for any other person or employing unit.

2. Pays (either on his behalf or on behalf of such other person or employing unit) the individuals furnished by him for the agricultural labor performed by them.

3. Has not entered into a written agreement with such other person or employing unit under which such individual is designated as an employee of such other person or employing unit.

B. Any individual who is a member of a crew furnished by a crew leader to perform agricultural labor for any other person or employing unit shall be treated as an employee of such crew leader if such individual's services do not constitute employment for such other person or employing unit pursuant to any other provision of this chapter and either:

1. Such crew leader holds a valid certificate of registration under the migrant and seasonal agricultural worker protection act.

2. Substantially all the members of such crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or any other mechanized equipment, which is provided by such crew leader.

C. In the case of any individual who is furnished by a crew leader to perform agricultural labor for any other person or employing unit and who is not treated as an employee of such crew leader under subsection B both of the following apply:

1. Such other person or employing unit and not the crew leader shall be treated as the employer of such individual.

2. Such other person or employing unit 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 or employing unit) for the agricultural labor performed for such other person or employing unit.