1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Farmer” includes a dairy farmer.

   3. (3)

      1. (i) “Migrant farm worker” means an individual who is engaged in seasonal or other temporary agricultural employment and who is:

         1. 1. absent overnight from the permanent residence of the individual; or
         2. 2. transported to and from the place of employment of the individual by a day-haul operation.

      2. (ii) “Migrant farm worker” does not include an individual who performs a service included in subsection (b) of this section if the individual:

         1. 1. does not operate equipment or machinery; and

         2. 2. is employed:

            1. A. within 25 miles of the permanent residence of the individual; and
            2. B. for not more than 13 weeks a year.

2. (b) Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if:

   1. (1) the individual receives compensation from a farmer for any service other than office work, including:

      1. (i) operating a machine connected with animal, crop, or soil management;
      2. (ii) constructing or repairing a fixture or machine; or
      3. (iii) handling an animal or crop with or without a machine; and

   2. (2) the farmer has:

      1. (i) at least 3 full-time employees; or
      2. (ii) an annual payroll of at least $15,000 for full-time employees.

3. (c) An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if:

   1. (1) the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;
   2. (2) the individual is free from control and direction over the individual's performance of the service;
   3. (3) the individual provides the individual's own equipment, materials, and tools; and
   4. (4) the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 4; Acts 1996, c. 238, § 1, eff. Oct. 1, 1996.

Formerly Art. 101, § 8.