N.Y. LAB Law § 651 — New York Code / Act LAB / Article 19 / Section 651
Definitions
Status: in_force

§ 651. Definitions. As used in this article:\n  1. "Commissioner" means the industrial commissioner.\n  2. "Department" means the labor department.\n  3. "Board" or "wage board" means a board created as provided in this\narticle.\n  4. "Occupation" means an industry, trade, business or class of work in\nwhich employees are gainfully employed.\n  5. "Employee" includes any individual employed or permitted to work by\nan employer in any occupation, but shall not include any individual who\nis employed or permitted to work: (a) on a casual basis in service as a\npart time baby sitter in the home of the employer; (b) in a bona fide\nexecutive, administrative, or professional capacity; (c) as an outside\nsalesman; (d) as a driver engaged in operating a taxicab; (e) as a\nvolunteer, learner or apprentice by a corporation, unincorporated\nassociation, community chest, fund or foundation organized and operated\nexclusively for religious, charitable or educational purposes, no part\nof the net earnings of which inures to the benefit of any private\nshareholder or individual; (f) as a member of a religious order, or as a\nduly ordained, commissioned or licensed minister, priest or rabbi, or as\na sexton, or as a christian science reader; (g) in or for such a\nreligious or charitable institution, which work is incidental to or in\nreturn for charitable aid conferred upon such individual and not under\nany express contract of hire; (h) in or for such a religious,\neducational or charitable institution if such individual is a student;\n(i) in or for such a religious, educational or charitable institution if\nthe earning capacity of such individual is impaired by age or by\nphysical or mental deficiency or injury; (j) in or for a summer camp or\nconference of such a religious, educational or charitable institution\nfor not more than three months annually; (k) as a staff counselor in a\nchildren's camp; (l) in or for a college or university fraternity,\nsorority, student association or faculty association, no part of the net\nearnings of which inures to the benefit of any private shareholder or\nindividual, and which is recognized by such college or university, if\nsuch individual is a student; (m) by a federal, state or municipal\ngovernment or political subdivision thereof; (n) as a volunteer at a\nrecreational or amusement event run by a business that operates such\nevents, provided that no single such event lasts longer than eight\nconsecutive days and no more than one such event concerning\nsubstantially the same subject matter occurs in any calendar year, where\n(1) any such volunteer shall be at least eighteen years of age, (2) a\nbusiness seeking coverage under this paragraph shall notify every\nvolunteer in writing, in language acceptable to the commissioner, that\nby volunteering his or her services, such volunteer is waiving his or\nher right to receive the minimum wage pursuant to this article, and (3)\nsuch notice shall be signed and dated by a representative of the\nbusiness and the volunteer and kept on file by the business for\nthirty-six months; (o) in the delivery of newspapers or shopping news to\nthe consumer by a person who is not performing commercial goods\ntransportation services for a commercial goods transportation contractor\nwithin the meaning of article twenty-five-C of this chapter; or (p)\nhaving entered into a contract to play baseball at the minor league\nlevel and who is compensated pursuant to the terms of a collective\nbargaining agreement that expressly provides for the wages, hours of\nwork, and working conditions of employees. The exclusions from the term\n"employee" contained in this subdivision shall be as defined by\nregulations of the commissioner.\n  "Employee" also includes any individual employed or permitted to work\nin any non-teaching capacity by a school district or board of\ncooperative educational services except that the provisions of sections\nsix hundred fifty-three through six hundred fifty-nine of this article\nshall not be applicable in any such case.\n  6. "Employer" includes any individual, partnership, association,\ncorporation, limited liability company, business trust, legal\nrepresentative, or any organized group of persons acting as employer.\n  7. "Wage" includes allowances, in the amount determined in accordance\nwith the provisions of this article, for gratuities and, when furnished\nby the employer to employees, for meals, lodging, apparel, and other\nsuch items, services and facilities.\n  8. "Non-profitmaking institution" means any corporation,\nunincorporated association, community chest, fund or foundation\norganized and operated exclusively for religious, charitable or\neducational purposes, no part of the net earnings of which inure to the\nbenefit of any private shareholder or individual.\n  9. "Food service worker" means any employee primarily engaged in the\nserving of food or beverages to guests, patrons or customers in the\nhotel or restaurant industries, including, but not limited to, wait\nstaff, bartenders, captains and bussing personnel; and who regularly\nreceive tips from such guests, patrons or customers.\n