2012 New York Consolidated Laws
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) 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.
    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.