N.Y. LAB Law § 564

§ 564. Agricultural labor crew leaders. Whenever a person renders\nservices as a member of a crew which is paid and furnished by the crew\nleader to perform services in agricultural labor for another employer,\nsuch other employer shall, for the purpose of this article, be deemed to\nbe the employer of such person, unless:\n 1. the crew leader holds a valid certificate of registration under the\nfederal farm labor contractor registration act of nineteen hundred\nsixty-three or substantially all the members of the crew operate or\nmaintain tractors, mechanized harvesting or crop dusting machinery or\nany other mechanized equipment which is provided by the crew leader, and\n 2. Exclusion from coverage. For purposes of this section the term\n"employment" shall not include services rendered by an individual who is\nadmitted to the United States to perform agricultural labor pursuant to\n8 USC 1188 if, at the time such services are rendered, they are excluded\nfrom the definition of employment in section 3306(c) of the Federal\nUnemployment Tax Act.\n 3. the crew leader is not an employee of such other employer and has\nnot entered into a written agreement with such employer under which he\nis designated as an employee.\n