NY Lab L § 651 (2021)
2021 New York Laws LAB - Labor Article 19 - Minimum Wage Act 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; or (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.  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.