N.Y. Labor Law § 190: Definitions

§ 190. Definitions. As used in this article:

1. "Wages" means the earnings of an employee for labor or services

rendered, regardless of whether the amount of earnings is determined on

a time, piece, commission or other basis. The term "wages" also includes

benefits or wage supplements as defined in section one hundred

ninety-eight-c of this article, except for the purposes of sections one

hundred ninety-one and one hundred ninety-two of this article.

2. "Employee" means any person employed for hire by an employer in any

employment, but with respect to the entirety of this article, except

sections one hundred ninety-three, one hundred ninety-six-b, one hundred

ninety-eight, and one hundred ninety-eight-b, shall not include any

person who has entered into a contract to play baseball at the minor

league level and who is compensated pursuant to the terms of a

collective bargaining agreement that expressly provides for the wages,

hours of work, and working conditions of employees.

3. "Employer" includes any person, corporation, limited liability

company, or association employing any individual in any occupation,

industry, trade, business or service. The term "employer" shall not

include a governmental agency.

4. "Manual worker" means a mechanic, workingman or laborer, but shall

not include any person who has entered into a contract to play baseball

at the minor league level and who is compensated pursuant to the terms

of a collective bargaining agreement that expressly provides for the

wages, hours of work, and working conditions of employees.

5. "Railroad worker" means any person employed by an employer who

operates a steam, electric or diesel surface railroad or is engaged in

the sleeping car business. The term "railroad worker" shall not include

a person employed in an executive capacity.

6. "Commission salesman" means any employee whose principal activity

is the selling of any goods, wares, merchandise, services, real estate,

securities, insurance or any article or thing and whose earnings are

based in whole or in part on commissions. The term "commission salesman"

does not include an employee whose principal activity is of a

supervisory, managerial, executive or administrative nature.

7. "Clerical and other worker" includes all employees not included in

subdivisions four, five and six of this section, except any person

employed in a bona fide executive, administrative or professional

capacity whose earnings are in excess of one thousand three hundred

dollars a week.

8. "Week" means a calendar week or a regularly established payroll

week. "Month" means a calendar month or a regularly established fiscal

month.

9. "Non-profitmaking organization" means a corporation, unincorporated

association, community chest, fund or foundation organized and operated

exclusively for religious, charitable or educational purposes, no part

of the net earnings of which inure to the benefit of any private

shareholder or individual.