NY Lab L § 2 (2021)
2021 New York Laws LAB - Labor Article 1 - Short Title: Definitions. 2 - Definitions.

§ 2. Definitions. Whenever used in this chapter:1. "Department"  means  the  department  of  labor of the state of New   York.2. "Commissioner" means the commissioner of labor of the state of  New   York.3. "Board,"  as  determined  by  the  context,  shall  mean either the   workmen's compensation board or the industrial board of appeals  of  the   state of New York.4. "Rule"  means  any  rule  or  regulation  made  by  the  industrial   commissioner and any amendment or repeal thereof.5. "Employee" means a mechanic,  workingman  or  laborer  working  for   another for hire.6. "Employer" means the person employing any such mechanic, workingman   or  laborer,  whether  the  owner,  proprietor,  agent,  superintendent,   foreman or other subordinate.7. "Employed" includes permitted or suffered to work.8. "Person" includes a corporation or a joint-stock association.8-a. "Agent" of a corporation includes,  but  is  not  limited  to,  a   manager,   superintendent,  foreman,  supervisor  or  any  other  person   employed acting in such capacity.9. "Factory"  includes  a  mill,  workshop  or   other   manufacturing   establishment  where  one or more persons are employed at manufacturing,   including making, altering,  repairing,  finishing,  bottling,  canning,   cleaning  or  laundering  any article or thing, in whole or in part, and   includes all buildings, sheds, structures or other places used for or in   connection therewith, except (a)  dry  dock  plants  engaged  in  making   repairs  to  ships  and  (b)  power  houses, generating plants and other   structures owned or operated  by  a  public  service  corporation  or  a   municipal  corporation  other than construction or repair shops, subject   to the jurisdiction of the public service commission and (c) structures,   operated  as  refrigerated  warehouses  for   the   handling,   packing,   refrigeration and storage of fruits and vegetables and which are subject   to  the jurisdiction of or licensed by the department of agriculture and   markets, also  structures  used  in  cleaning  or  packing  celery.  The   provisions  of this chapter affecting structural changes and alterations   shall not apply to factories or to any buildings, sheds or other  places   used  for  or  in  connection  therewith where less than six persons are   employed at manufacturing except as otherwise prescribed by the rules.10. "Factory building" means a building, shed or structure  which,  or   any part of which, is occupied by or used for a factory, and in which at   least  one-tenth or more than twenty-five of all the persons employed in   the building are engaged in work for a factory, but shall not include  a   building  in  a  city having a population of more than one million, used   exclusively by one employer and in which not more than one-tenth of  all   the  persons  employed  therein  are  engaged  in work for a factory and   which, except for such factory work, would be classified as a mercantile   establishment. The provisions of this chapter shall apply to any part of   a building occupied or used as a factory, except as  otherwise  provided   by this subdivision.11. "Mercantile establishment" means a place where one or more persons   are  employed  in which goods, wares or merchandise are offered for sale   and includes a  building,  shed  or  structure,  or  any  part  thereof,   occupied  in  connection with such establishment. The provisions of this   chapter affecting structural changes and alterations shall not apply  to   mercantile  establishments  where  less  than  six  persons are employed   except as otherwise prescribed by the rules.12. "Place of public assembly" shall include (1) a theatre, (2) moving   picture house, (3) assembly halls maintained  or  leased  for  pecuniary    gain  where  one  hundred  or more persons may assemble for amusement or   recreation, except (a) halls owned by churches, religious organizations,   granges, and public association and free libraries as defined by section   two  hundred  fifty-three  of  the  education law, and (b) hotels having   fifty or more rooms.13. "Public building" shall include  a  factory  building,  an  office   building, a mercantile building, a hotel building, a theatre building, a   warehouse   building,  an  apartment  building,  a  state  or  municipal   building, a  school,  a  college  or  university  building,  a  building   containing a place of public assembly maintained or leased for pecuniary   gain,  or  any other building more than one story high except a dwelling   house less than three stories  high  or  occupied  by  less  than  three   families.14. All  references  to male employees in this chapter shall be deemed   to include female employees.15. "Minor" means any person who has not attained the age of  eighteen   years.16.  "Domestic  worker"  shall  mean  a  person  employed in a home or   residence for the purpose of caring for a child, serving as a  companion   for  a  sick,  convalescing  or elderly person, housekeeping, or for any   other domestic service purpose. "Domestic worker" does not  include  any   individual  (a)  working  on  a  casual  basis,  (b)  who  is engaged in   providing companionship services, as defined  in  paragraph  fifteen  of   subdivision  (a) of section 213 of the fair labor standards act of 1938,   and who is employed by an employer or agency other than  the  family  or   household  using  his  or her services, or (c) who is a relative through   blood, marriage or adoption of: (1) the employer; or (2) the person  for   whom  the  worker  is  delivering  services  under  a  program funded or   administered by federal, state or local government.17. All references to labor law, chapter, article or section shall  be   deemed  to  include any rule, regulation or order promulgated thereunder   or related thereto.18. "Farm laborer" shall mean any individual who works on a  farm  and   is  an  employee  under  article nineteen of this chapter. Members of an   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.