(a) (1) In this section the following words have the meanings indicated. (2) "Farmer" includes a dairy farmer. (3) (i) "Migrant farm worker" means an individual who is engaged in seasonal or other temporary agricultural employment and who is: 1. absent overnight from the permanent residence of the individual; or 2. transported to and from the place of employment of the individual by a day-haul operation. (ii) "Migrant farm worker" does not include an individual who performs a service included in subsection (b) of this section if the individual: 1. does not operate equipment or machinery; and 2. is employed: A. within 25 miles of the permanent residence of the individual; and B. for not more than 13 weeks a year. (b) Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if: (1) the individual receives compensation from a farmer for any service other than office work, including: (i) operating a machine connected with animal, crop, or soil management; (ii) constructing or repairing a fixture or machine; or (iii) handling an animal or crop with or without a machine; and (2) the farmer has: (i) at least 3 full-time employees; or (ii) an annual payroll of at least $15,000 for full-time employees. (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) the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed; (2) the individual is free from control and direction over the individual's performance of the service; (3) the individual provides the individual's own equipment, materials, and tools; and (4) the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.
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