Sec. 1. 39-A MRSA §401, sub-§1, śC, as amended by PL 1997, c. 359, §1, is further amended to read:

C. Employers of 6 or fewer agricultural or aquacultural laborers, if the employer maintains an employer's liability insurance policy with total limits of not less than $100,000 multiplied by the number of agricultural or aquacultural laborers employed by that employer and medical payment coverage of not less than $1,000.

(1) In computing the number of agricultural or aquacultural laborers under this paragraph, immediate family members of unincorporated employers, immediate family members of bona fide owners of at least 20% of the outstanding voting stock of an incorporated agricultural employer and seasonal and casual workers are not included. For the purposes of this subparagraph, "immediate family members" means parents, spouse, brothers, sisters and children.

(2) This exemption does not apply if the employer has employed more than 6 agricultural or aquacultural laborers, not including seasonal or casual laborers, in regular and a concurrent manner for 240 man hours or more per week, as computed under subparagraph (1), at any time during the 52 weeks immediately preceding the injury.

SUMMARY

This bill clarifies the exemption in workers' compensation law for agricultural and aquacultural laborers by specifying that an employer who has employed more than 6 laborers for 240 man hours or more per week is not entitled to the exemption.