Section 646 IAC 5-5-7 - Agricultural laborAuthority: IC 22-4-18-1; IC 22-4.1-3-3
Affected: IC 22-4-7-2; IC 22-4.1
Sec. 7.
(a) Agricultural labor does not include services performed in connection with forestry, lumbering, or landscaping.(b) Greenhouses and other similar structures used primarily for other purposes, such as display, storage, or fabrication of wreaths, corsages, and bouquets, do not constitute farms.(c) Services performed for the owner or tenant or operator of one (1) or more farms in connection with the: (5) maintenance; of any of the farms or its tools or equipment are excluded as agricultural labor, provided the major part of the services is performed on a farm.(d) Excluded services do not include services performed in connection with commercial canning or commercial freezing or in connection with any commodity after its delivery to a terminal market for distribution for consumption. Moreover, since the excluded services must be rendered in the actual handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivery to storage or to market, or to a carrier for transportation to market, of the commodity, the services do not include services performed as stenographers, bookkeepers, clerks, and other office employees, even though the services may be in connection with such activities, except to the extent that the services of the individuals are performed in the employ of the owner or tenant or other operator of a farm and are rendered in major part on a farm.(e) Subsequent to December 31, 1977, the exclusion of agricultural labor does not apply to those employers meeting the requirements of IC 22-4-7-2(e).Department of Workforce Development; 646 IAC 5-5-7; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRAReadopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFAReadopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA