N.Y. Labor Law § 671: Definitions

§ 671. Definitions. As used in this article: 1. "Farm" includes stock,

dairy, poultry, furbearing animal, fruit and truck farms, plantations,

orchards, nurseries, greenhouses, or other similar structures, used

primarily for the raising of agricultural or horticultural commodities.

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

an employer on a farm but shall not include: (a) domestic service in the

home of the employer; (b) the parent, spouse, child or other member of

the employer's immediate family; (c) a minor under seventeen years of

age employed as a hand harvest worker on the same farm as his parent or

guardian and who is paid on a piece-rate basis at the same piece rate as

employees seventeen years of age or over; or (d) an individual employed

or permitted to work for a federal, state, or a municipal government or

political subdivision thereof.

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

corporation, cooperative, business trust, legal representative, or any

organized group of persons acting as an employer of an individual

employed or permitted to work on a farm. If a farm labor contractor

recruits or supplies farm workers for work on a farm, such farm workers

shall, for the purposes of this article, be deemed to be employees of

the owner, lessee or operator of such farm.

4. "Farm labor contractor" includes: a. Any person who, for a fee,

recruits, transports, supplies, or hires farm or food processing workers

to work for, or under the direction, supervision, or control of, a third

person; or

b. Any person who recruits, transports, supplies, or hires farm or

food processing workers and who, for a fee, directs, supervises or

controls all or any part of the work of such workers. "Fee" includes any

money or other valuable consideration paid or promised to be paid to a

farm labor contractor for the performance of any of the services

enumerated in this definition. The term "farm labor contractor" shall

not include an employment agency licensed in accordance with the

provisions of article eleven of the general business law.

5. "Wage" includes allowances in the amount determined in accordance

with the provisions of this article for meals, lodging, and other items,

service and facilities when furnished by the employer to his employees.

6. "Hours worked" means the time that a farm worker is permitted to

work in the fields or at his assigned place of work, and shall include

time spent on a single farm in going from one field to another, or in

waiting for baskets, pick-up, or for similar purposes; provided,

however, that time not worked because of weather conditions shall not be

considered as hours worked.

7. "Work agreement" means a job service recruitment or placement

order; a farm labor contract or migrant labor registration; an

agricultural employment contract executed by the employer or its

representative with the Commonwealth of Puerto Rico or with the

representatives of a foreign government; an agreement voluntarily

entered into by the employer and the worker; or any comparable

agreement.