61-1-17. Agricultural labor included--Criteria.

As used in this title, the term, employment, includes service performed by an individual in agricultural labor as defined in § 61-1-18 when:

(1)    The service is performed for a person who:

(a)    During any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of twenty thousand dollars or more to individuals employed in agricultural labor; or

(b)    For some portion of a day in each of twenty different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor ten or more individuals, regardless of whether they were employed at the same moment of time; or

(2)    For the purpose of this section any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of the crew leader:

(a)    If the crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963 as amended to January 1, 1977; or substantially all the members of the crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other mechanized equipment, which is provided by the crew leader; and

(b)    If the individual is not an employee of the other person within the meaning of § 61-1-24; or

(3)    For the purposes of this section, 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 subdivision (2) of this section:

(a)    Such other person and not the crew leader shall be treated as the employer of the individual; and

(b)    Such other person shall be 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 crew leader's own behalf or on behalf of such other person for the service in agricultural labor performed for such other person; or

(4)    For the purposes of this section, the term, crew leader, means an individual who:

(a)    Furnishes individuals to perform service in agricultural labor for any other person;

(b)    Pays (either on the crew leader's own behalf or on behalf of such other person) the individuals so furnished by the crew leader for the service in agricultural labor performed by them; and

(c)    Has not entered into a written agreement with such other person under which the individual is designated as an employee of such other person.

Source: SL 1936 (SS), ch 3, § 19; SDC 1939, § 17.0802 (7) (g) (1); SL 1939, ch 86, § 1; SL 1941, ch 82, § 3; SL 1977, ch 420, § 15; SL 2008, ch 277, § 25; SDCL § 61-1-24; SL 2012, ch 252, § 59.