2023 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.