N.Y. Labor Law § 651: Definitions

§ 651. Definitions. As used in this article:

1. "Commissioner" means the industrial commissioner.

2. "Department" means the labor department.

3. "Board" or "wage board" means a board created as provided in this

article.

4. "Occupation" means an industry, trade, business or class of work in

which employees are gainfully employed.

5. "Employee" includes any individual employed or permitted to work by

an employer in any occupation, but shall not include any individual who

is employed or permitted to work: (a) on a casual basis in service as a

part time baby sitter in the home of the employer; (b) in a bona fide

executive, administrative, or professional capacity; (c) as an outside

salesman; (d) as a driver engaged in operating a taxicab; (e) as a

volunteer, learner or apprentice by 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 inures to the benefit of any private

shareholder or individual; (f) as a member of a religious order, or as a

duly ordained, commissioned or licensed minister, priest or rabbi, or as

a sexton, or as a christian science reader; (g) in or for such a

religious or charitable institution, which work is incidental to or in

return for charitable aid conferred upon such individual and not under

any express contract of hire; (h) in or for such a religious,

educational or charitable institution if such individual is a student;

(i) in or for such a religious, educational or charitable institution if

the earning capacity of such individual is impaired by age or by

physical or mental deficiency or injury; (j) in or for a summer camp or

conference of such a religious, educational or charitable institution

for not more than three months annually; (k) as a staff counselor in a

children's camp; (l) in or for a college or university fraternity,

sorority, student association or faculty association, no part of the net

earnings of which inures to the benefit of any private shareholder or

individual, and which is recognized by such college or university, if

such individual is a student; (m) by a federal, state or municipal

government or political subdivision thereof; (n) as a volunteer at a

recreational or amusement event run by a business that operates such

events, provided that no single such event lasts longer than eight

consecutive days and no more than one such event concerning

substantially the same subject matter occurs in any calendar year, where

(1) any such volunteer shall be at least eighteen years of age, (2) a

business seeking coverage under this paragraph shall notify every

volunteer in writing, in language acceptable to the commissioner, that

by volunteering his or her services, such volunteer is waiving his or

her right to receive the minimum wage pursuant to this article, and (3)

such notice shall be signed and dated by a representative of the

business and the volunteer and kept on file by the business for

thirty-six months; (o) in the delivery of newspapers or shopping news to

the consumer by a person who is not performing commercial goods

transportation services for a commercial goods transportation contractor

within the meaning of article twenty-five-C of this chapter; or (p)

having 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. The exclusions from the term

"employee" contained in this subdivision shall be as defined by

regulations of the commissioner.

"Employee" also includes any individual employed or permitted to work

in any non-teaching capacity by a school district or board of

cooperative educational services except that the provisions of sections

six hundred fifty-three through six hundred fifty-nine of this article

shall not be applicable in any such case.

6. "Employer" includes any individual, partnership, association,

corporation, limited liability company, business trust, legal

representative, or any organized group of persons acting as employer.

7. "Wage" includes allowances, in the amount determined in accordance

with the provisions of this article, for gratuities and, when furnished

by the employer to employees, for meals, lodging, apparel, and other

such items, services and facilities.

8. "Non-profitmaking institution" means any 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.

9. "Food service worker" means any employee primarily engaged in the

serving of food or beverages to guests, patrons or customers in the

hotel or restaurant industries, including, but not limited to, wait

staff, bartenders, captains and bussing personnel; and who regularly

receive tips from such guests, patrons or customers.