N.Y. Labor Law § 701: Definitions

§ 701. Definitions. When used in this article:

1. The term "person" includes one or more individuals, partnerships,

associations, corporations, legal representatives, trustees, trustees in

bankruptcy, or receivers.

2. (a) The term "employer" includes any person acting on behalf of or

in the interest of an employer, directly or indirectly, with or without

his knowledge, and shall include any person who is the purchaser of

services performed by a person described in paragraph (b) of subdivision

three of this section, but a labor organization or any officer or agent

thereof shall only be considered an employer with respect to individuals

employed by such organization.

(b) The term "employer" includes agricultural employers. The term

"agricultural employer" shall mean any employer engaged in cultivating

the soil or in raising or harvesting any agricultural or horticultural

commodity including custom harvesting operators, and employers engaged

in the business of crops, livestock and livestock products as defined in

section three hundred one of the agriculture and markets law, or other

similar agricultural enterprises.

3. (a) The term "employees" includes but is not restricted to any

individual employed by a labor organization; any individual whose

employment has ceased as a consequence of, or in connection with, any

current labor dispute or because of any unfair labor practice, and who

has not obtained any other regular and substantially equivalent

employment; and shall not be limited to the employees of a particular

employer, unless the article explicitly states otherwise, but shall not

include any individual employed by his parent or spouse or in the

domestic service of and directly employed, controlled and paid by any

person in his home, any individual whose primary responsibility is the

care of a minor child or children and/or someone who lives in the home

of a person for the purpose of serving as a companion to a sick,

convalescing or elderly person or any individuals employed only for the

duration of a labor dispute, or any individual who participates in and

receives rehabilitative or therapeutic services in a charitable

non-profit rehabilitation facility or sheltered workshop or any

individual employed in a charitable non-profit rehabilitation facility

or sheltered workshop who has received rehabilitative or therapeutic

services and whose capacity to perform the work for which he is engaged

is substantially impaired by physical or mental deficiency or injury.

(b) The term "employee" shall also include a professional musician or

a person otherwise engaged in the performing arts who performs services

as such. "Engaged in the performing arts" shall mean performing services

in connection with production of or performance in any artistic endeavor

which requires artistic or technical skill or expertise.

(c) The term "employee" shall also include farm laborers. "Farm

laborers" shall mean any individual engaged or permitted by an employer

to work on a farm. Members of an agricultural employer's immediate

family who are related to the third degree of consanguinity or affinity

shall not be considered to be employed on a farm if they work on a farm

out of familial obligations and are not paid wages, or other

compensation based on their hours or days of work.

4. The term "representatives" includes a labor organization or an

individual whether or not employed by the employer of those whom he

represents.

5. The term "labor organization" means any organization which exists

and is constituted for the purpose, in whole or in part, of collective

bargaining, or of dealing with employers concerning grievances, terms or

conditions of employment, or of other mutual aid or protection and which

is not a company union as defined herein.

6. The term "company union" means any committee, employee

representation plan or association of employees which exists for the

purpose, in whole or in part, of dealing with employers concerning

grievances or terms and conditions of employment, which the employer has

initiated or created or whose initiation or creation he has suggested,

participated in or in the formulation of whose governing rules or

policies or the conducting of whose management, operations or elections

the employer participates in or supervises or which the employer

maintains, finances, controls, dominates, or assists in maintaining or

financing, whether by compensating anyone for services performed in its

behalf or by donating free services, equipment, materials, office or

meeting space or anything else of value, or by any other means.

7. The term "unfair labor practice" means only those unfair labor

practices listed in section seven hundred four.

8. The term "labor dispute" includes, but is not restricted to, any

controversy between employers and employees or their representatives as

defined in this section concerning terms, tenure or conditions of

employment or concerning the association or representation of persons in

negotiating, fixing, maintaining, changing, or seeking to negotiate,

fix, maintain or change terms or conditions of employment, or concerning

the violation of any of the rights granted or affirmed by this article,

regardless of whether the disputants stand in the proximate relation of

employer and employee.

9. The term "board" means the public employment relations board

created by section two hundred five of the civil service law, in

carrying out its functions under this article.

10. The term "policies of this article" means the policies set forth

in section seven hundred.

11. The term "non-profitmaking hospital or residential care center"

means an organized residential facility for the medical diagnosis,

treatment and care of illness, disease, injury, infirmity or deformity,

or a residential facility providing nursing care or care of the aged or

dependent children, or a facility for the prevention of cruelty to

children or animals, which is located anywhere in the state and which is

maintained and operated by an association or corporation, no part of the

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

or individual.

12. The term "employee of a non-profitmaking hospital or residential

care center" means any person employed or permitted to work by or at a

non-profitmaking hospital or residential care center but shall not

include any person employed or permitted to work: (a) in or for such a

non-profitmaking hospital or residential care center, which work is

incidental to or in return for charitable aid conferred upon such

individual and not under any express contract of hire; or (b) as a

volunteer.