NY Lab L § 230 (2021)
2021 New York Laws LAB - Labor Article 9 - Prevailing Wage for Building Service Employees 230 - Definitions.

§ 230. Definitions. As used in this article:1.   "Building  service  employee"  or  "employee"  means  any  person   performing work in  connection  with  the  care  or  maintenance  of  an   existing  building,  or  in connection with the transportation of office   furniture or equipment to or from such building, or in  connection  with   the  transportation  and delivery of fossil fuel to such building, for a   contractor under a contract with a public agency which is in  excess  of   one  thousand five hundred dollars and the principal purpose of which is   to furnish services through the use of building service employees."Building  service  employee"  or  "employee"  includes,  but  is  not   limited,   to,  watchman,  guard,  doorman,  building  cleaner,  porter,   handyman, janitor, gardener, groundskeeper, stationary fireman, elevator   operator and starter, window cleaner, and occupations  relating  to  the   collection  of  garbage  or  refuse, and to the transportation of office   furniture and equipment, and  to  the  transportation  and  delivery  of   fossil   fuel  but  does  not  include  clerical,  sales,  professional,   technician and related occupations."Building service employee" or "employee" also does  not  include  any   employee  to  whom  the provisions of articles eight and eight-a of this   chapter are applicable.2. "Building service work" or "service work" means work performed by a   building service employee, but does not include  work  performed  for  a   contractor  under  a  contract  for the furnishing of services by radio,   telephone, telegraph or cable companies; and  any  contract  for  public   utility  services,  including electric light and power, water, steam and   gas.3. "Public agency" means the state, any of its political subdivisions,   a public benefit  corporation,  a  public  authority  or  commission  or   special purpose district board appointed pursuant to law, and a board of   education.4.  "Contractor"  means  any employer who employs employees to perform   building service work under a contract with a public  agency  and  shall   include any of the contractor's subcontractors.5.  "Wage"  includes:  (a)  basic  hourly  cash  rate  of pay; and (b)   supplements. The term  "supplements"  means  fringe  benefits  including   medical  or hospital care, pensions on retirement or death, compensation   for  injuries  or  illness  resulting  from  occupational  activity,  or   insurance  to  provide any of the foregoing, unemployment benefits, life   insurance,  disability  and  sickness  insurance,  accident   insurance,   vacation  and  holiday  pay,  costs  of  apprenticeship or other similar   programs and other bona fide fringe benefits not otherwise  required  by   federal,  state  or  local  law  to  be  provided  by  the contractor or   subcontractor.6. "Prevailing wage" means the wage determined by the  fiscal  officer   to  be  prevailing for the various classes of building service employees   in the locality. In no event shall the basic hourly cash rate of pay  be   less  than the statutory minimum wage established by article nineteen of   this chapter, or, in a city with a local law requiring a higher  minimum   wage on city contract work, less than the minimum wage specified in such   local law.7.  "Locality"  means  the state, a town, city, village or other civil   division or area of the state as determined by the fiscal  officer.  The   fiscal  officer  may  fix a different geographic area in determining the   locality for the prevailing basic  hourly  cash  rate  of  pay  and  the   locality for prevailing supplements.8.  "Fiscal  officer"  means  the  industrial commissioner, except for   building service work performed by or on behalf of a city, in which case    "fiscal officer" means the comptroller or  other  analogous  officer  of   such city.9.  "Fossil  fuel" shall mean coal, petroleum products and fuel gases.   "Coal" shall include bituminous coal, anthracite coal and lignite. "Fuel   gases" shall include  but  not  be  limited  to  methane,  natural  gas,   liquefied  natural gas and manufactured fuel gases. "Petroleum products"   shall include all products refined or rerefined from synthetic or  crude   oil  or oil extracted from other sources, including natural gas liquids.   Provided that nothing in this subdivision shall affect the exclusion for   public utility services set forth in subdivision two of this section.10. "Substantially-owned affiliated  entity"  shall  mean  the  parent   company  of  the  contractor  or  subcontractor,  any  subsidiary of the   contractor or subcontractor, or any entity in which the  parent  of  the   contractor  or  subcontractor owns more than fifty percent of the voting   stock, or an entity in which one or more of the top five shareholders of   the contractor or subcontractor individually or collectively also owns a   controlling share of the voting stock, or an entity which  exhibits  any   other  indicia  of  control over the contractor or subcontractor or over   which the contractor or subcontractor exhibits  control,  regardless  of   whether or not the controlling party or parties have any identifiable or   documented  ownership  interest.  Such  indicia  shall include: power or   responsibility over employment decisions, access to and/or  use  of  the   relevant  entity's  assets  or  equipment,  power or responsibility over   contracts of the entity, responsibility for maintenance or submission of   certified payroll records, and influence over the business decisions  of   the relevant entity.11.  "Entity"  shall  mean  a partnership, association, joint venture,   company, sole proprietorship, corporation or any  other  form  of  doing   business.12.  "Parent  company" shall mean an entity that directly controls the   contractor or subcontractor.13. "Subsidiary" shall mean an entity that is controlled directly,  or   indirectly  through  one  or  more  intermediaries,  by  a contractor or   subcontractor or the contractor's parent company.14. "Successor" shall mean an entity  engaged  in  work  substantially   similar   to  that  of  the  predecessor,  where  there  is  substantial   continuity of operation with that of the predecessor.