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| Public Act 096-1208 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unemployment Insurance Act is amended by | ||||
changing Section 211.4 as follows:
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(820 ILCS 405/211.4) (from Ch. 48, par. 321.4)
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Sec. 211.4. A. Notwithstanding any other provision of this | ||||
Act, the
term "employment" shall include service performed | ||||
after December 31,
1977, by an individual in agricultural labor | ||||
as defined in Section 214
when:
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1. Such service is performed for an employing unit which | ||||
(a) paid
cash wages of $20,000 or more during any calendar | ||||
quarter in either the
current or preceding calendar year to an | ||||
individual or individuals
employed in agricultural labor (not | ||||
taking into account service in
agricultural labor performed | ||||
before January 1, 1980, by an alien
referred to in paragraph | ||||
2); or (b) employed in agricultural labor (not
taking into | ||||
account service in agricultural labor performed before
January | ||||
1, 1980, by an alien referred to in paragraph 2) 10 or more
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individuals within each of 20 or more calendar weeks (but not
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necessarily simultaneously and irrespective of whether the | ||||
same
individuals are or were employed in each such week), | ||||
whether or not such
weeks are or were consecutive, within | ||||
either the current or preceding
calendar year.
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2. Such service is not performed in agricultural labor if | ||
performed
before January 1, 1980 or on or after the effective | ||
date of this amendatory Act of the 96th General Assembly, by an | ||
individual who is an alien admitted to the
United States to | ||
perform service in agricultural labor pursuant to
Sections | ||
214(c) and 101(a)(15)(H) of the Immigration and Nationality
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Act.
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B. For the purposes of this Section, any individual who is | ||
a member
of a crew furnished by a crew leader to perform | ||
service in agricultural
labor for any other employing unit | ||
shall be treated as performing
service in the employ of such | ||
crew leader if (1) the leader holds a
valid certificate of | ||
registration under the Farm Labor Contractor
Registration Act | ||
of 1963, or substantially all the members of such crew
operate | ||
or maintain tractors, mechanized harvesting or crop dusting
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equipment, or any other mechanized equipment, which is provided | ||
by the
crew leader; and (2) the service of such individual is | ||
not in employment
for such other employing unit within the | ||
meaning of subsections A and C
of Section 212, and of Section | ||
213.
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C. For the purposes of this Section, any individual who is | ||
furnished
by a crew leader to perform service in agricultural | ||
labor for any other
employing unit, and who is not treated as | ||
performing service in the
employ of such crew leader under | ||
subsection B, shall be treated as
performing service in the | ||
employ of such other employing unit, and such
employing unit | ||
shall be treated as having paid cash wages to such
individual | ||
in an amount equal to the amount of cash wages paid to the
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individual by the crew leader (either on his own behalf or on | ||
behalf of
such other employing unit) for the service in | ||
agricultural labor
performed for such other employing unit.
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D. For the purposes of this Section, the term "crew leader" | ||
means an
individual who (1) furnishes individuals to perform | ||
service in
agricultural labor for any other employing unit; (2) | ||
pays (either on his
own behalf or on behalf of such other | ||
employing unit) the individuals so
furnished by him for the | ||
service in agricultural labor performed by
them; and (3) has | ||
not entered into a written agreement with such other
employing | ||
unit under which an individual so furnished by him is
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designated as performing services in the employ of such other | ||
employing
unit.
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(Source: P.A. 80-2dSS-1.)
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