2012 New York Consolidated Laws
LAB - Labor
Article 19-A - (670 - 683) MINIMUM WAGE STANDARDS AND PROTECTIVE LABOR PRACTICES FOR FARM WORKERS
671 - Definitions.

 
    § 671. Definitions. As used in this article: 1. "Farm" includes stock,
  dairy,  poultry,  furbearing animal, fruit and truck farms, plantations,
  orchards, nurseries, greenhouses,  or  other  similar  structures,  used
  primarily for the raising of agricultural or horticultural commodities.
    2. "Employee" includes any individual employed or permitted to work by
  an employer on a farm but shall not include: (a) domestic service in the
  home  of  the employer; (b) the parent, spouse, child or other member of
  the employer's immediate family; (c) a minor under  seventeen  years  of
  age  employed as a hand harvest worker on the same farm as his parent or
  guardian and who is paid on a piece-rate basis at the same piece rate as
  employees seventeen years of age or over; (d) an individual employed  or
  permitted  to  work  for  a federal, state, or a municipal government or
  political  subdivision  thereof;  or  (e)  an  individual  to  whom  the
  provisions of article nineteen of this chapter are applicable.
    3.  "Employer"  includes  any  individual,  partnership,  association,
  corporation, cooperative, business trust, legal representative,  or  any
  organized  group  of  persons  acting  as  an  employer of an individual
  employed or permitted to work on a farm.  If  a  farm  labor  contractor
  recruits  or supplies farm workers for work on a farm, such farm workers
  shall, for the purposes of this article, be deemed to  be  employees  of
  the owner, lessee or operator of such farm.
    4.  "Farm  labor  contractor"  includes: a. Any person who, for a fee,
  recruits, transports, supplies, or hires farm or food processing workers
  to work for, or under the direction, supervision, or control of, a third
  person; or
    b. Any person who recruits, transports, supplies,  or  hires  farm  or
  food  processing  workers  and  who,  for  a fee, directs, supervises or
  controls all or any part of the work of such workers. "Fee" includes any
  money or other valuable consideration paid or promised to be paid  to  a
  farm  labor  contractor  for  the  performance  of  any  of the services
  enumerated in this definition. The term "farm  labor  contractor"  shall
  not  include  an  employment  agency  licensed  in  accordance  with the
  provisions of article eleven of the general business law.
    5. "Wage" includes allowances in the amount determined  in  accordance
  with the provisions of this article for meals, lodging, and other items,
  service and facilities when furnished by the employer to his employees.
    6.  "Hours  worked"  means the time that a farm worker is permitted to
  work in the fields or at his assigned place of work, and  shall  include
  time  spent  on  a single farm in going from one field to another, or in
  waiting  for  baskets,  pick-up,  or  for  similar  purposes;  provided,
  however, that time not worked because of weather conditions shall not be
  considered as hours worked.
    7.  "Work  agreement"  means  a  job  service recruitment or placement
  order;  a  farm  labor  contract  or  migrant  labor  registration;   an
  agricultural  employment  contract  executed  by  the  employer  or  its
  representative  with  the  Commonwealth  of  Puerto  Rico  or  with  the
  representatives  of  a  foreign  government;  an  agreement  voluntarily
  entered  into  by  the  employer  and  the  worker;  or  any  comparable
  agreement.