2023 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.