{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/60.2-214.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/60.2-214.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/60.2-214.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/60.2-214.html"}],"law_id":69494,"edition_id":1,"section_id":69494,"structure_id":12925,"section_number":"60.2-214","catch_line":"Agricultural employment","history":"Code 1950, \u00a7 60-14; 1952, cc. 30, 184; 1956, c. 440; 1962, c. 71; 1968, c. 738, \u00a7 60.1-14; 1971, Ex. Sess., c. 235; 1972, c. 824; 1974, cc. 466, 660; 1976, c. 304; 1977, c. 330; 1979, c. 637; 1980, cc. 520, 522; 1981, cc. 28, 369, 374, 375; 1982, c. 25; 1983, c. 14; 1984, cc. 120, 139, 204; 1985, cc. 152, 254; 1986, c. 480; 1987, c. 113; 1993, c. 250; 1996, c. 745.","full_text":"A\n\n&#8220;Employment&#8221; includes service performed by an individual in agricultural labor as defined in \u00a7 60.2-201 when:1\n\nSuch service is performed for a person who:\n\t\t\t\ta. During any calendar quarter in either the current or the preceding calendar year paid wages of $20,000 or more to individuals employed in agricultural labor, including labor performed by an alien referred to in subdivision 2 of this subsection, or\n\t\t\t\tb. For some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor, including labor performed by an alien referred to in subdivision 2 of this subsection, ten or more individuals, regardless of whether they were employed at the same moment of time.2\n\nSuch service is not performed in agricultural labor by an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to 8 U.S.C. &#xA7; 214 (c) and 8 U.S.C. &#xA7; 101 (a) (15) (H) of the Immigration and Nationality Act. Services performed and wages received by such alien workers after January 1, 1980, shall be counted in determining whether an employer is subject to the Virginia unemployment tax for his other farmworkers.B\n\nFor the purposes 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 such crew leader if:1\n\nSuch crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Workers Protection Act of 1983 (29 U.S.C. &#xA7; 1801 et seq.) or 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, and2\n\nSuch individual is not an employee of such other person within the meaning of subdivision 1 of subsection A of &#xA7; 60.2-212.C\n\nFor 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 such crew leader under subsection B of this section then:1\n\nSuch other person and not the crew leader shall be treated as the employer of such individual, and2\n\nSuch other person shall be treated as having paid wages to such individual in an amount equal to the amount of wages paid to such individual by the crew leader, either on his own behalf or on behalf of such other person, for the service in agricultural labor performed for such other person.D\n\nFor the purposes of this section, the term &#8220;crew leader&#8221; means an individual who:1\n\nFurnishes individuals to perform service in agricultural labor for any other person,2\n\nPays, either on his own behalf or on behalf of such other person, the individuals so furnished by him for the service in agricultural labor performed by them, and3\n\nHas not entered into a written agreement with such other person under which such individual is designated as an employee of such other person.","order_by":null,"text":{"0":{"id":251286,"text":"&#8220;Employment&#8221; includes service performed by an individual in agricultural labor as defined in \u00a7 60.2-201 when:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":251287,"text":"Such service is performed for a person who:\n\t\t\t\ta. During any calendar quarter in either the current or the preceding calendar year paid wages of $20,000 or more to individuals employed in agricultural labor, including labor performed by an alien referred to in subdivision 2 of this subsection, or\n\t\t\t\tb. For some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor, including labor performed by an alien referred to in subdivision 2 of this subsection, ten or more individuals, regardless of whether they were employed at the same moment of time.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":251288,"text":"Such service is not performed in agricultural labor by an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to 8 U.S.C. &#xA7; 214 (c) and 8 U.S.C. &#xA7; 101 (a) (15) (H) of the Immigration and Nationality Act. Services performed and wages received by such alien workers after January 1, 1980, shall be counted in determining whether an employer is subject to the Virginia unemployment tax for his other farmworkers.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":251289,"text":"For the purposes 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 such crew leader if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":251290,"text":"Such crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Workers Protection Act of 1983 (29 U.S.C. &#xA7; 1801 et seq.) or 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, and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":251291,"text":"Such individual is not an employee of such other person within the meaning of subdivision 1 of subsection A of &#xA7; 60.2-212.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":251292,"text":"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 such crew leader under subsection B of this section then:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"7":{"id":251293,"text":"Such other person and not the crew leader shall be treated as the employer of such individual, and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":251294,"text":"Such other person shall be treated as having paid wages to such individual in an amount equal to the amount of wages paid to such individual by the crew leader, either on his own behalf or on behalf of such other person, for the service in agricultural labor performed for such other person.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"9":{"id":251295,"text":"For the purposes of this section, the term &#8220;crew leader&#8221; means an individual who:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"10":{"id":251296,"text":"Furnishes individuals to perform service in agricultural labor for any other person,","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"11":{"id":251297,"text":"Pays, either on his own behalf or on behalf of such other person, the individuals so furnished by him for the service in agricultural labor performed by them, and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"12":{"id":251298,"text":"Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"ancestry":[{"id":12925,"edition_id":1,"name":"Definitions","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12883,"metadata":{},"date_created":"2026-06-26 03:44:02","date_modified":"2026-06-26 03:44:02","permalink":{"id":267403,"object_type":"structure","relational_id":12925,"identifier":"2","token":"60.2\/2","url":"\/60.2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12883,"edition_id":1,"name":"Unemployment Compensation","identifier":"60.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267273,"object_type":"structure","relational_id":12883,"identifier":"60.2","token":"60.2","url":"\/60.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57180,"structure_id":12925,"section_number":"60.2-200","catch_line":"Definitions generally","url":"\/60.2-200\/","token":"60.2\/2\/60.2-200","metadata":false},{"id":61777,"structure_id":12925,"section_number":"60.2-201","catch_line":"Agricultural labor","url":"\/60.2-201\/","token":"60.2\/2\/60.2-201","metadata":false},{"id":59739,"structure_id":12925,"section_number":"60.2-202","catch_line":"Annual payroll","url":"\/60.2-202\/","token":"60.2\/2\/60.2-202","metadata":false},{"id":81645,"structure_id":12925,"section_number":"60.2-203","catch_line":"Average annual payroll","url":"\/60.2-203\/","token":"60.2\/2\/60.2-203","metadata":false},{"id":59637,"structure_id":12925,"section_number":"60.2-204","catch_line":"Base period","url":"\/60.2-204\/","token":"60.2\/2\/60.2-204","metadata":false},{"id":61374,"structure_id":12925,"section_number":"60.2-205","catch_line":"Benefits","url":"\/60.2-205\/","token":"60.2\/2\/60.2-205","metadata":false},{"id":85915,"structure_id":12925,"section_number":"60.2-206","catch_line":"Benefit year","url":"\/60.2-206\/","token":"60.2\/2\/60.2-206","metadata":false},{"id":58757,"structure_id":12925,"section_number":"60.2-207","catch_line":"Calendar quarter","url":"\/60.2-207\/","token":"60.2\/2\/60.2-207","metadata":false},{"id":77948,"structure_id":12925,"section_number":"60.2-208","catch_line":"Commission","url":"\/60.2-208\/","token":"60.2\/2\/60.2-208","metadata":false},{"id":83057,"structure_id":12925,"section_number":"60.2-209","catch_line":"Taxes","url":"\/60.2-209\/","token":"60.2\/2\/60.2-209","metadata":false},{"id":76078,"structure_id":12925,"section_number":"60.2-210","catch_line":"Employer","url":"\/60.2-210\/","token":"60.2\/2\/60.2-210","metadata":false},{"id":56915,"structure_id":12925,"section_number":"60.2-211","catch_line":"Employing unit","url":"\/60.2-211\/","token":"60.2\/2\/60.2-211","metadata":false},{"id":54032,"structure_id":12925,"section_number":"60.2-212","catch_line":"Employment","url":"\/60.2-212\/","token":"60.2\/2\/60.2-212","metadata":false},{"id":79699,"structure_id":12925,"section_number":"60.2-212.1","catch_line":"Employment; special exclusion","url":"\/60.2-212.1\/","token":"60.2\/2\/60.2-212.1","metadata":false},{"id":77246,"structure_id":12925,"section_number":"60.2-212.2","catch_line":"Obtaining a determination or opinion","url":"\/60.2-212.2\/","token":"60.2\/2\/60.2-212.2","metadata":false},{"id":75325,"structure_id":12925,"section_number":"60.2-213","catch_line":"Employment with hospital, higher education, state, subdivision, or certain religious or charitable organizations","url":"\/60.2-213\/","token":"60.2\/2\/60.2-213","metadata":false},{"id":69494,"structure_id":12925,"section_number":"60.2-214","catch_line":"Agricultural employment","url":"\/60.2-214\/","token":"60.2\/2\/60.2-214","metadata":false},{"id":61881,"structure_id":12925,"section_number":"60.2-215","catch_line":"Domestic employment","url":"\/60.2-215\/","token":"60.2\/2\/60.2-215","metadata":false},{"id":62179,"structure_id":12925,"section_number":"60.2-216","catch_line":"Employment outside of United States","url":"\/60.2-216\/","token":"60.2\/2\/60.2-216","metadata":false},{"id":61584,"structure_id":12925,"section_number":"60.2-217","catch_line":"Employment within and without Commonwealth","url":"\/60.2-217\/","token":"60.2\/2\/60.2-217","metadata":false},{"id":83163,"structure_id":12925,"section_number":"60.2-218","catch_line":"Employment taxed by federal law","url":"\/60.2-218\/","token":"60.2\/2\/60.2-218","metadata":false},{"id":58178,"structure_id":12925,"section_number":"60.2-219","catch_line":"Services not included in term \"employment.\"","url":"\/60.2-219\/","token":"60.2\/2\/60.2-219","metadata":false},{"id":58446,"structure_id":12925,"section_number":"60.2-220","catch_line":"Institution of higher education","url":"\/60.2-220\/","token":"60.2\/2\/60.2-220","metadata":false},{"id":61856,"structure_id":12925,"section_number":"60.2-221","catch_line":"Hospital","url":"\/60.2-221\/","token":"60.2\/2\/60.2-221","metadata":false},{"id":81989,"structure_id":12925,"section_number":"60.2-222","catch_line":"Employment office","url":"\/60.2-222\/","token":"60.2\/2\/60.2-222","metadata":false},{"id":61947,"structure_id":12925,"section_number":"60.2-223","catch_line":"Fund","url":"\/60.2-223\/","token":"60.2\/2\/60.2-223","metadata":false},{"id":85664,"structure_id":12925,"section_number":"60.2-224","catch_line":"Insured work","url":"\/60.2-224\/","token":"60.2\/2\/60.2-224","metadata":false},{"id":54826,"structure_id":12925,"section_number":"60.2-225","catch_line":"State","url":"\/60.2-225\/","token":"60.2\/2\/60.2-225","metadata":false},{"id":56363,"structure_id":12925,"section_number":"60.2-226","catch_line":"Unemployment","url":"\/60.2-226\/","token":"60.2\/2\/60.2-226","metadata":false},{"id":69544,"structure_id":12925,"section_number":"60.2-227","catch_line":"Unemployment Compensation Administration Fund","url":"\/60.2-227\/","token":"60.2\/2\/60.2-227","metadata":false},{"id":78266,"structure_id":12925,"section_number":"60.2-228","catch_line":"American vessel and American aircraft","url":"\/60.2-228\/","token":"60.2\/2\/60.2-228","metadata":false},{"id":87468,"structure_id":12925,"section_number":"60.2-229","catch_line":"Wages","url":"\/60.2-229\/","token":"60.2\/2\/60.2-229","metadata":false},{"id":54599,"structure_id":12925,"section_number":"60.2-230","catch_line":"Week","url":"\/60.2-230\/","token":"60.2\/2\/60.2-230","metadata":false},{"id":72108,"structure_id":12925,"section_number":"60.2-231","catch_line":"Certain federal acts and statutes defined","url":"\/60.2-231\/","token":"60.2\/2\/60.2-231","metadata":false}],"previous_section":{"id":75325,"structure_id":12925,"section_number":"60.2-213","catch_line":"Employment with hospital, higher education, state, subdivision, or certain religious or charitable organizations","url":"\/60.2-213\/","token":"60.2\/2\/60.2-213","metadata":false},"next_section":{"id":61881,"structure_id":12925,"section_number":"60.2-215","catch_line":"Domestic employment","url":"\/60.2-215\/","token":"60.2\/2\/60.2-215","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/60.2-214\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 19 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapters 30 and 184; in 1956, chapter 440; in 1962, chapter 71; in 1968, chapter 738; in 1972, chapter 824; in 1974, chapters 466 and 660; in 1976, chapter 304; in 1977, chapter 330; in 1979, chapter 637; in 1980, chapters 520 and 522; in 1981, chapters 28, 369, 374, and 375; in 1982, chapter 25; in 1983, chapter 14; in 1984, chapters 120, 139, and 204; in 1985, chapters 152 and 254; in 1986, chapter 480; in 1987, chapter 113; in 1993, chapter 250; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0745\">745<\/a>.<\/p>","references":[{"id":76078,"section_number":"60.2-210","catch_line":"Employer","order_by":null,"url":"\/60.2-210\/"},{"id":58178,"section_number":"60.2-219","catch_line":"Services not included in term \"employment.\"","order_by":null,"url":"\/60.2-219\/"},{"id":72820,"section_number":"60.2-509","catch_line":"Termination of coverage","order_by":null,"url":"\/60.2-509\/"}],"refers_to":[{"id":61777,"section_number":"60.2-201","catch_line":"Agricultural labor","order_by":null,"url":"\/60.2-201\/"}],"permalink":{"id":267469,"object_type":"law","relational_id":69494,"identifier":"60.2-214","token":"60.2\/2\/60.2-214","url":"\/60.2-214\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/60.2-214\/","token":"60.2\/2\/60.2-214","dublin_core":{"Title":"Agricultural employment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 60.2-214","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> &#8220;<span class=\"dictionary\">Employment<\/span>&#8221; includes service performed by an individual in agricultural labor as defined in \u00a7&nbsp;<a class=\"law\" title=\"Agricultural labor\" href=\"\/60.2-201\/\">60.2-201<\/a> when: <a id=\"paragraph-251286\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Such service is performed for a person who:\n\t\t\t\ta. During any calendar quarter in either the current or the preceding calendar year paid wages of $20,000 or more to individuals employed in agricultural labor, including labor performed by an alien referred to in subdivision 2 of this subsection, or\n\t\t\t\tb. For some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor, including labor performed by an alien referred to in subdivision 2 of this subsection, ten or more individuals, regardless of whether they were employed at the same moment of time. <a id=\"paragraph-251287\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Such service is not performed in agricultural labor by an individual who is an alien admitted to the United States to perform service in agricultural labor pursuant to 8 U.S.C. &#xA7; 214 (c) and 8 U.S.C. &#xA7; 101 (a) (15) (H) of the Immigration and Nationality Act. Services performed and wages received by such alien workers after January 1, 1980, shall be counted in determining whether an employer is subject to the Virginia unemployment tax for his other farmworkers. <a id=\"paragraph-251288\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> For the purposes of this section any individual who is a member of a crew furnished by a <span class=\"dictionary\">crew leader<\/span> to perform service in agricultural labor for any other person shall be treated as an employee of such <span class=\"dictionary\">crew leader<\/span> if: <a id=\"paragraph-251289\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Such <span class=\"dictionary\">crew leader<\/span> holds a valid certificate of registration under the Migrant and Seasonal Agricultural Workers Protection Act of 1983 (29 U.S.C. &#xA7; 1801 et seq.) or 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 <span class=\"dictionary\">crew leader<\/span>, and <a id=\"paragraph-251290\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Such individual is not an employee of such other person within the meaning of subdivision 1 of subsection A of &#xA7; <a class=\"law\" title=\"Employment\" href=\"\/60.2-212\/\">60.2-212<\/a>. <a id=\"paragraph-251291\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> For the purposes of this section, in the case of any individual who is furnished by a <span class=\"dictionary\">crew leader<\/span> to perform service in agricultural labor for any other person and who is not treated as an employee of such <span class=\"dictionary\">crew leader<\/span> under subsection B of this section then: <a id=\"paragraph-251292\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Such other person and not the <span class=\"dictionary\">crew leader<\/span> shall be treated as the employer of such individual, and <a id=\"paragraph-251293\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Such other person shall be treated as having paid wages to such individual in an amount equal to the amount of wages paid to such individual by the <span class=\"dictionary\">crew leader<\/span>, either on his own behalf or on behalf of such other person, for the service in agricultural labor performed for such other person. <a id=\"paragraph-251294\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> For the purposes of this section, the term &#8220;<span class=\"dictionary\">crew leader<\/span>&#8221; means an individual who: <a id=\"paragraph-251295\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Furnishes individuals to perform service in agricultural labor for any other person, <a id=\"paragraph-251296\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Pays, either on his own behalf or on behalf of such other person, the individuals so furnished by him for the service in agricultural labor performed by them, and <a id=\"paragraph-251297\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. <a id=\"paragraph-251298\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/60.2-214\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAGRICULTURAL EMPLOYMENT (\u00a7 60.2-214)\n\nA. &#8220;Employment&#8221; includes service performed by an individual in\nagricultural labor as defined in \u00a7 60.2-201 when:\n\n   1. Such service is performed for a person who:\n   \t\t\t\ta. During any calendar quarter in either the current or the preceding\n   calendar year paid wages of $20,000 or more to individuals employed in\n   agricultural labor, including labor performed by an alien referred to in\n   subdivision 2 of this subsection, or\n   \t\t\t\tb. For some portion of a day in each of twenty different calendar weeks,\n   whether or not such weeks were consecutive, in either the current or the\n   preceding calendar year, employed in agricultural labor, including labor\n   performed by an alien referred to in subdivision 2 of this subsection, ten or\n   more individuals, regardless of whether they were employed at the same moment\n   of time.\n\n   2. Such service is not performed in agricultural labor by an individual who is\n   an alien admitted to the United States to perform service in agricultural\n   labor pursuant to 8 U.S.C. &#xA7; 214 (c) and 8 U.S.C. &#xA7; 101 (a) (15) (H)\n   of the Immigration and Nationality Act. Services performed and wages received\n   by such alien workers after January 1, 1980, shall be counted in determining\n   whether an employer is subject to the Virginia unemployment tax for his other\n   farmworkers.\n\nB. For the purposes of this section any individual who is a member of a crew\nfurnished by a crew leader to perform service in agricultural labor for any\nother person shall be treated as an employee of such crew leader if:\n\n   1. Such crew leader holds a valid certificate of registration under the\n   Migrant and Seasonal Agricultural Workers Protection Act of 1983 (29 U.S.C.\n   &#xA7; 1801 et seq.) or substantially all the members of such crew operate or\n   maintain tractors, mechanized harvesting or crop dusting equipment, or any\n   other mechanized equipment, which is provided by such crew leader, and\n\n   2. Such individual is not an employee of such other person within the meaning\n   of subdivision 1 of subsection A of &#xA7; 60.2-212.\n\nC. For the purposes of this section, in the case of any individual who is\nfurnished by a crew leader to perform service in agricultural labor for any\nother person and who is not treated as an employee of such crew leader under\nsubsection B of this section then:\n\n   1. Such other person and not the crew leader shall be treated as the employer\n   of such individual, and\n\n   2. Such other person shall be treated as having paid wages to such individual\n   in an amount equal to the amount of wages paid to such individual by the crew\n   leader, either on his own behalf or on behalf of such other person, for the\n   service in agricultural labor performed for such other person.\n\nD. For the purposes of this section, the term &#8220;crew leader&#8221; means an\nindividual who:\n\n   1. Furnishes individuals to perform service in agricultural labor for any\n   other person,\n\n   2. Pays, either on his own behalf or on behalf of such other person, the\n   individuals so furnished by him for the service in agricultural labor\n   performed by them, and\n\n   3. Has not entered into a written agreement with such other person under which\n   such individual is designated as an employee of such other person.\n\nHISTORY: Code 1950, \u00a7 60-14; 1952, cc. 30, 184; 1956, c. 440; 1962, c. 71;\n1968, c. 738, \u00a7 60.1-14; 1971, Ex. Sess., c. 235; 1972, c. 824; 1974, cc. 466,\n660; 1976, c. 304; 1977, c. 330; 1979, c. 637; 1980, cc. 520, 522; 1981, cc. 28,\n369, 374, 375; 1982, c. 25; 1983, c. 14; 1984, cc. 120, 139, 204; 1985, cc. 152,\n254; 1986, c. 480; 1987, c. 113; 1993, c. 250; 1996, c. 745.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}