Illinois General Assembly - Illinois Compiled Statutes

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820 ILCS 405/211.4

(820 ILCS 405/211.4) (from Ch. 48, par. 321.4)

Sec. 211.4.

A. Notwithstanding any other provision of this Act, the
term "employment" shall include service performed after December 31,
1977, by an individual in agricultural labor as defined in Section 214
when:

1. Such service is performed for an employing unit

which (a) paid cash wages of $20,000 or more during any calendar quarter in either the current or preceding calendar year to an individual or individuals employed in agricultural labor (not taking into account service in agricultural labor performed before January 1, 1980, by a noncitizen  referred to in paragraph 2); or (b) employed in agricultural labor (not taking into account service in agricultural labor performed before January 1, 1980, by a noncitizen referred to in paragraph 2) 10 or more individuals within each of 20 or more calendar weeks (but not necessarily simultaneously and irrespective of whether the same individuals are or were employed in each such week), whether or not such weeks are or were consecutive, within either the current or preceding calendar year.

2. Such service is not performed in agricultural

labor if performed before January 1, 1980 or on or after the effective date of this amendatory Act of the 96th General Assembly, by an individual who is a noncitizen admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act.

B. 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 employing unit shall be treated as performing
service in the employ of such crew leader if (1) the leader holds a
valid certificate of registration under the Farm Labor Contractor
Registration Act of 1963, 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 the
crew leader; and (2) the service of such individual is not in employment
for such other employing unit within the meaning of subsections A and C
of Section 212, and of Section 213.

C. For the purposes of this Section, any individual who is furnished
by a crew leader to perform service in agricultural labor for any other
employing unit, and who is not treated as performing service in the
employ of such crew leader under subsection B, shall be treated as
performing service in the employ of such other employing unit, and such
employing unit shall be treated as having paid cash wages to such
individual in an amount equal to the amount of cash wages paid to the
individual by the crew leader (either on his own behalf or on behalf of
such other employing unit) for the service in agricultural labor
performed for such other employing unit.

D. For the purposes of this Section, the term "crew leader" means an
individual who (1) furnishes individuals to perform service in
agricultural labor for any other employing unit; (2) pays (either on his
own behalf or on behalf of such other employing unit) the individuals so
furnished by him for the service in agricultural labor performed by
them; and (3) has not entered into a written agreement with such other
employing unit under which an individual so furnished by him is
designated as performing services in the employ of such other employing
unit.

(Source: P.A. 102-1030, eff. 5-27-22.)