New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter VII - Division Of Unemployment Insurance
Subchapter B - Unemployment Insurance
Article 3 - Administrative Interpretations
Part 490 - Administrative Interpretations
Section 490.3 - Agricultural labor (unemployment insurance law, section 511, subd. 6, par. [a], cl. [4])
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 490.3
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Services as an incident to farming operations.
(1) The provision that services in "handling,
planting, drying, packing, packaging, processing, freezing, grading, storing,
or delivering to storage or to market or to a carrier for transportation to
market" any agricultural or horticultural commodity, are excluded from the
definition of "employment" if performed as an incident to farming operations,
pertains to any such commodity, including fruits and vegetables.
(2) Such services can be an "incident to
farming operations" only if performed by employees of the producer of the
commodity but irrespective of the location of the point at which such
performance takes place.
(3) In
order than any such performance be considered "an incident to farming
operations" it must be definitely established that production of agricultural
or horticultural commodities is the primary purpose in the over-all operations
of the employer.
(b) Services as an incident to preparation of fruits or vegetables for market.
(1) The application of the provision that in
the case of fruits and vegetables, such services are excluded from the
definition of "employment", if performed "as an incident to the preparation of
such fruits or vegetables for market", requires that the producer have title in
or control over the commodity, or both, at the time of such performance but
does not require that the services be performed by the employees of the
producer.
(2) "Preparation. . . for
market" does not include:
(i) storing or
handling during storage after the commodity has reached the condition in which
the producer intends to dispose of it, or
(ii) operations in connection with the
conversion of the primary product into a secondary derivative, such as the
manufacture of cider from apples or grape juice from grapes.
(c) Terminal market.
(1) Services in connection with any
agricultural or horticultural commodity after its delivery to a terminal market
for distribution for consumption constitutes "employment" within the meaning of
the law even if performed by employees of the producer.
(2) A commodity has been delivered to "a
terminal market for distribution for consumption" when it has reached the
condition in which the producer intends to dispose of it by transferring title
and control and has reached the point at which such disposal is ultimately
made.
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