Crew Leaders

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

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

1. The crew leader pays (either on his or her own behalf or on behalf of the farmer) the workers for their farm labor.
2. 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.

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

Federal unemployment (FUTA) tax. For FUTA tax purposes, the crew leader is considered the employer of the workers if, in addition to the earlier requirements:

1. The crew leader is registered under the Migrant and Seasonal Agricultural Worker Protection Act, or
2. 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 considered the employer of workers furnished by a crew leader in all other situations. In addition, the farmer is considered 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 farm workers 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 considered to be the employer in these cases. For information concerning who is a common-law employee, see section 1 of Publication 15-A.

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