2013 New York Consolidated Laws
LAB - Labor
Article 6 - (190 - 199-A) PAYMENT OF WAGES
190 - Definitions.

NY Lab L § 190 (2012) What's This?
    § 190. Definitions. As used in this article:
    1.  "Wages"  means  the  earnings of an employee for labor or services
  rendered, regardless of whether the amount of earnings is determined  on
  a time, piece, commission or other basis. The term "wages" also includes
  benefits   or  wage  supplements  as  defined  in  section  one  hundred
  ninety-eight-c of this article, except for the purposes of sections  one
  hundred ninety-one and one hundred ninety-two of this article.
    2. "Employee" means any person employed for hire by an employer in any
    3.  "Employer"  includes  any  person,  corporation, limited liability
  company, or association employing  any  individual  in  any  occupation,
  industry,  trade,  business  or  service.  The term "employer" shall not
  include a governmental agency.
    4. "Manual worker" means a mechanic, workingman or laborer.
    5. "Railroad worker" means any person  employed  by  an  employer  who
  operates  a  steam, electric or diesel surface railroad or is engaged in
  the sleeping car business. The term "railroad worker" shall not  include
  a person employed in an executive capacity.
    6.  "Commission  salesman" means any employee whose principal activity
  is the selling of any goods, wares, merchandise, services, real  estate,
  securities,  insurance  or  any  article or thing and whose earnings are
  based in whole or in part on commissions. The term "commission salesman"
  does  not  include  an  employee  whose  principal  activity  is  of   a
  supervisory, managerial, executive or administrative nature.
    7.  "Clerical and other worker" includes all employees not included in
  subdivisions four, five and six  of  this  section,  except  any  person
  employed  in  a  bona  fide  executive,  administrative  or professional
  capacity whose earnings are in excess of nine hundred dollars a week.
    8. "Week" means a calendar week or  a  regularly  established  payroll
  week.   "Month" means a calendar month or a regularly established fiscal
    9. "Non-profitmaking organization" means 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  inure  to  the  benefit  of  any  private
  shareholder or individual.

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