Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › GENERAL PROVISIONS › Section 231.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Terms used
				  in this chapter shall have the same meaning and be defined in the same manner
				  as in the act.
(b) In addition to
				  the provisions of subsection (a), the following words and terms, when used in
				  this chapter, have the following meanings, unless the context clearly indicates
				  otherwise:
Act
-The Minimum Wage Act of 1968
					 (43
					 P. S. §§
												333.101-333.115).
Board
-Food furnished on an established
					 schedule.
Bona fide training program
-One which must
					 involve either formal instruction or on-the-job training during a period when
					 the learner is entrusted with limited responsibility and is under supervision
					 or guidance.
Bureau
-The Bureau of Labor Standards of
					 the Department.
Department
-The Department of Labor and
					 Industry of the Commonwealth.
Domestic services
-Work in or about a
					 private dwelling for an employer in the capacity as a householder, as
					 distinguished from work in or about a private dwelling for such employer in the
					 employer's pursuit of a trade, occupation, profession, enterprise or
					 vocation.
Hotel or motel
-An establishment which as a
					 whole or part of its business activities offers lodging accommodations for hire
					 to the public, and services in connection therewith or incidental
					 thereto.
Hours worked
-The term includes time during
					 which an employee is required by the employer to be on the premises of the
					 employer, to be on duty or to be at the prescribed work place, time spent in
					 traveling as part of the duties of the employee during normal working hours and
					 time during which an employee is employed or permitted to work; provided,
					 however, that time allowed for meals shall be excluded unless the employee is
					 required or permitted to work during that time, and provided further, that time
					 spent on the premises of the employer for the convenience of the employee shall
					 be excluded.
Labor on a farm
-Labor on a farm shall
					 include the following:
(i) The term
				  farm includes stock, dairy, poultry, fur-bearing animal, fruit and truck farms,
				  plantations, orchards, nurseries, greenhouses or other similar structures used
				  primarily in the raising of agricultural or horticultural
				  commodities.
(ii) The term labor on
				  a farm includes the employment of a person on a farm in connection with one of
				  the following:
(A) Cultivating the
				  soil.
(B) Raising or harvesting an
				  agricultural or horticultural commodity, including the raising or hatching of
				  poultry and the raising, shearing, feeding, caring for, training and management
				  of livestock, bees, fur-bearing animals and wildlife.
(C) Harvesting of maple sap.
(D) The operation, management, conservation,
				  improvement or maintenance of a farm and its tools and equipment.
(E) The operation or maintenance of ditches,
				  canals, reservoirs or waterways used exclusively for removing, supplying and
				  storing water for farming purposes.
Learner
-A person who is participating in a
					 bona fide training program for an occupation in which that person is employed,
					 the required training period for which is recognized to be at least 2 weeks;
					 provided however, that no person may be deemed a learner at an establishment in
					 an occupation for which that person has completed the required training, and in
					 no case may a person be deemed a learner in such an occupation at an
					 establishment after 8 weeks of training, except that a person may be deemed a
					 learner for a longer period if the Secretary finds after investigation that for
					 the particular occupation a minimum of proficiency cannot be acquired in 8
					 weeks.
Lodging
-A housing facility available for
					 the personal use of the employee at all hours.
Minimum Wage Advisory Board
-A Board
					 created in the Department of Labor and Industry under section 6 of the act
					 (43
					 P.S. §
												333.106) regarding the Minimum
					 Wage Advisory Board.
Nonprofit organization
-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.
Public amusement or recreational
					 establishment
-An establishment providing amusement, entertainment or
					 recreation as its primary service to the public. The term also includes owners,
					 lessees and concessionaires whose business is incidental to, connected to or a
					 part of the business of the establishment. Amusement or recreational
					 establishments shall be deemed public for the purpose of the act except for
					 those that require as a condition for the use of the establishment one of the
					 following:
(i) Individual
				  membership.
(ii) Satisfaction of
				  criteria fixed by the establishment other than the payment of a nominal
				  fee.
Residential employee
-An employee who
					 resides and works on the premises of the employer.
Secretary
-The Secretary of Labor and
					 Industry of the Commonwealth. The term Secretary includes the authorized
					 representative of the Secretary.
Student
-An individual who is enrolled in
					 and regularly attends, on a full-time basis during the daytime, an institution
					 of learning offering a course of instruction leading to a degree, certificate
					 or diploma, or who is completing residence requirements for a degree. A person
					 is deemed to be a student during the time that school is not in session if that
					 person was a student during the preceding semester, trisemester or similar term
					 of instruction; provided however, that no person may be deemed a student for a
					 period after the date of receipt of a degree, certificate or diploma.
Taxicab driver
-An individual employed to
					 drive an automobile equipped to carry no more than seven passengers which is
					 used in the business of carrying or transporting passengers for hire on a zone
					 or meter fare basis and which is not operated over fixed routes, between fixed
					 terminals or under contract.
Tipped employee
-An employee engaged in an
					 operation in which the employee customarily and regularly receives more than
					 $30 a month in tips.
Tips
-Voluntary monetary contributions
					 received by an employee from a guest, patron, or customer for services
					 rendered.
Week
-A period of 7 consecutive days
					 starting on any day selected by the employer.
Worker with a disability
-An individual
					 whose earning capacity for the work to be performed is impaired by physical or
					 mental deficiency or injury.