Minnesota Administrative Rules

3315.0830 AGRICULTURAL LABOR, CONDITIONAL SITUATIONS.

Subpart 1.

Generally.

The services described in subparts 2 to 5 are not agricultural labor unless they meet the specific requirements set forth in subparts 2 to 5 with regard to where and for whom they are performed. When reference is made to "incidental to ordinary farming operations," that means services of the character ordinarily performed by employees of a farmer or of a farmer's cooperative organization or group as a prerequisite to marketing in its unmanufactured state any agricultural or horticultural commodity produced by the farmer, organization, or group.

Subp. 2.

Clerical work.

Record keeping and other clerical or office work performed in connection with the functions described in Minnesota Statutes, section 268.035, subdivisions 2 and 11, unless they are:

A.

performed in the employ of the owner or tenant or other operator of a farm;

B.

rendered in major part on a farm; and

C.

performed incidentally to ordinary farming operations.

Subp. 3.

Commodity retailing.

Retailing agricultural or horticultural commodities, on or off the farm, unless:

A.

the services are performed for, and the commodities are produced by the operator of the farm; and

B.

less than 50 percent of the employee's time is devoted to the services. The 50 percent test is to be applied to each employee with respect to either a pay period or 31 days, whichever is less.

Subp. 4.

Waterways work.

Services in the construction of canals, reservoirs, waterways, or drainage ditches, unless in the employ of the owner or tenant or other operator of a farm.

Subp. 5.

Land clearance.

Services in the clearing of stumps, brush, and debris from land in preparation for its use as a farm, unless done in the employ of the owner tenant or other operator of the farm.

Statutory Authority:

MS s 14.386; 14.388; 268.021

History:

13 SR 1057; 31 SR 285

Published Electronically:

July 31, 2007