N.Y. Labor Law § 564: Agricultural labor crew leaders

§ 564. Agricultural labor crew leaders. Whenever a person renders

services as a member of a crew which is paid and furnished by the crew

leader to perform services in agricultural labor for another employer,

such other employer shall, for the purpose of this article, be deemed to

be the employer of such person, unless:

1. the crew leader holds a valid certificate of registration under the

federal farm labor contractor registration act of nineteen hundred

sixty-three or substantially all the members of the crew operate or

maintain tractors, mechanized harvesting or crop dusting machinery or

any other mechanized equipment which is provided by the crew leader, and

2. Exclusion from coverage. For purposes of this section the term

"employment" shall not include services rendered by an individual who is

admitted to the United States to perform agricultural labor pursuant to

8 USC 1188 if, at the time such services are rendered, they are excluded

from the definition of employment in section 3306(c) of the Federal

Unemployment Tax Act.

3. the crew leader is not an employee of such other employer and has

not entered into a written agreement with such employer under which he

is designated as an employee.