Crew Leaders(p79)

If farmworkers are provided by a crew leader, the crew leader may be the employer of the workers.

For social security and Medicare tax purposes, the crew leader is the employer of the workers if both of the following requirements are met.

• The crew leader pays (either on his or her own behalf or on behalf of the farmer) the workers for their farm labor.
• The crew leader has not entered into a written agreement with the farmer under which the crew leader is designated as an employee of the farmer.

If the crew leader is the employer for social security and Medicare tax purposes, the crew leader is the employer for federal income tax withholding purposes.

For FUTA tax purposes, the crew leader is the employer of the workers if, in addition to the earlier requirements, either of the following requirements are met.

• The crew leader is registered under the Migrant and Seasonal Agricultural Worker Protection Act.
• Substantially all crew members operate or maintain mechanized equipment provided by the crew leader as part of the service to the farmer.

The farmer is the employer of workers furnished by a crew leader in all other situations. In addition, the farmer is the employer of workers furnished by a registered crew leader if the workers are the employees of the farmer under the common-law test. For example, some farmers employ individuals to recruit farmworkers exclusively for them. Although these individuals may be required to register under the Migrant and Seasonal Agricultural Worker Protection Act, the workers are employed directly by the farmer. The farmer is the employer in these cases. For information about common-law employees, see section 1 of Publication 15-A. For information about crew leaders, see the Department of Labor website at http://www.dol.gov/esa/whd/regs/compliance/whdfs49.htm.