New York Consolidated Laws, Labor Law - LAB § 564. Agricultural labor crew leaders

1. the crew leader holds a valid certificate of registration under the federal farm labor contractor registration act of nineteen hundred sixty-three   1 or substantially all the members of the crew operate or maintain tractors, mechanized harvesting or crop dusting machinery or any other mechanized equipment which is provided by the crew leader, and

2. Exclusion from coverage.  For purposes of this section the term “employment” shall not include services rendered by an individual who is admitted to the United States to perform agricultural labor pursuant to 8 USC 1188 if, at the time such services are rendered, they are excluded from the definition of employment in section 3306(c) of the Federal Unemployment Tax Act.  2

3. the crew leader is not an employee of such other employer and has not entered into a written agreement with such employer under which he is designated as an employee.