2010 New York Code
LAB - Labor
Article 19 - (650 - 665) 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) in service as a part time baby
  sitter in the home of the employer; or someone who lives in the home  of
  an  employer  for  the  purpose  of  serving  as  a companion to a sick,
  convalescing or elderly  person,  and  whose  principal  duties  do  not
  include  housekeeping;  (b)  in  labor  on  a  farm;  (c) in a bona fide
  executive, administrative, or professional capacity; (d) as  an  outside
  salesman;  (e)  as  a  driver  engaged  in operating a taxicab; (f) 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; (g) 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;  (h)  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;  (i)  in  or  for  such  a  religious,
  educational or charitable institution if such individual is  a  student;
  (j) 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; (k) in or for a summer camp  or
  conference  of  such  a religious, educational or charitable institution
  for not more than three months annually; (l) as a staff counselor  in  a
  children's  camp;  (m)  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; (n)  by  a  federal,  state  or  municipal
  government  or  political  subdivision  thereof. The exclusions from the
  term "employee" contained in this subdivision shall  be  as  defined  by
  regulations of the commissioner; or (o) 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. Any such volunteer shall be at least
  eighteen  years of age. 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. 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.
    "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.
    * NB Effective until November 29, 2010

* 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 labor on
  a  farm;  (c)  in a bona fide executive, administrative, or professional
  capacity; (d) as an  outside  salesman;  (e)  as  a  driver  engaged  in
  operating  a  taxicab;  (f)  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; (g) 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;  (h) 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; (i) in or
  for such a religious, educational  or  charitable  institution  if  such
  individual  is a student; (j) 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; (k) in or
  for  a  summer  camp  or  conference of such a religious, educational or
  charitable institution for not more than three months annually; (l) as a
  staff counselor in a children's  camp;  (m)  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;  (n)  by  a
  federal, state or municipal government or political subdivision thereof.
  The  exclusions  from  the term "employee" contained in this subdivision
  shall be as defined by regulations of the  commissioner;  or  (o)  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.  Any
  such  volunteer  shall  be  at  least  eighteen years of age. 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. 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.
    "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.
    * NB Effective November 29, 2010
    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.