The term "agricultural labor" includes all service performed:
(1) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry, pigeons and fur-bearing animals and wildlife;
(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment or in salvaging timber or clearing land of brush and other debris left by a hurricane, if a major part of such service is performed on a farm;
(3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in Section 15(g) of the Federal Agricultural Marketing Act, as amended, or in connection with the ginning of cotton, or cleaning of seed, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purposes;
(4) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivery to storage or to market or to a carrier for transportation to market in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one half of the commodity with respect to which such service is performed;
(5) In the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in paragraph (1) of this section, but only if such operators produced more than one half of the commodity with respect to which such service is performed;
(6) The provisions of paragraphs (4) and (5) shall not be deemed to be applicable with respect to services performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or
(7) On a farm operated for profit if such service is not in the course of the employer's trade or business or is domestic service in the private home of the employer.
(8) As used in this section the term "farm" includes stock, dairy, poultry, pigeons, fruit, fur-bearing animals and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards.
HISTORY: 1962 Code Section 68-3; 1952 Code Section 68-3; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1971 (57) 950; 1972 (57) 2309; 1979 Act No. 100 Section 1.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 27 - Employment And Workforce - General Provisions
Section 41-27-10. Short title.
Section 41-27-20. Declaration of state public policy.
Section 41-27-30. Construction.
Section 41-27-120. Agricultural labor.
Section 41-27-130. Annual payroll.
Section 41-27-140. Average weekly wage.
Section 41-27-150. Base period.
Section 41-27-160. Benefit year.
Section 41-27-190. Department.
Section 41-27-200. Contributions.
Section 41-27-220. Employing unit.
Section 41-27-230. Employment.
Section 41-27-235. Employment by Native American tribes; benefits; contributions.
Section 41-27-240. Employment office.
Section 41-27-250. Employment security administration fund.
Section 41-27-260. Exempted employment.
Section 41-27-290. Institution of higher education.
Section 41-27-300. Insured work.
Section 41-27-310. Insured worker.
Section 41-27-320. Payments in lieu of contributions.
Section 41-27-330. Secretary of Labor.
Section 41-27-340. Educational institution.
Section 41-27-360. Statewide average weekly wage.
Section 41-27-370. Unemployed.
Section 41-27-410. Departmental administrative contingency assessment.
Section 41-27-510. Promulgation of regulations regarding unemployed individuals.
Section 41-27-520. Included and excluded service.
Section 41-27-525. Availability of benefits for persons seeking only part-time work.
Section 41-27-530. Separate establishments deemed single employing unit.
Section 41-27-540. Individuals employed to assist agents or employees.
Section 41-27-550. Reciprocal agreements.
Section 41-27-560. Prohibition of libel or slander actions.
Section 41-27-570. Defense of suits involving duties of department.
Section 41-27-580. Representation of department in civil actions.
Section 41-27-590. Prosecution of criminal actions.
Section 41-27-600. Compromises.
Section 41-27-610. Place where failure to perform acts deemed to occur.
Section 41-27-620. Department's certificate as prima facie evidence.
Section 41-27-630. Liability of State and department for payment of benefits.
Section 41-27-700. Department of Employment and Workforce Review Committee; creation.
Section 41-27-710. Committee membership; organization; meetings; quorum.
Section 41-27-720. Duties of committee.
Section 41-27-725. Powers of committee; oaths and affirmations; depositions; subpoenas.
Section 41-27-730. Expenses of committee and its members.