2023 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.