§393-3  Definitions generally.  As used
in this chapter, unless the context clearly requires otherwise:



"Department" means the department of
labor and industrial relations.



"Director" means the director of
labor and industrial relations.



"Employer" means any individual or
type of organization, including any partnership, association, trust, estate,
joint stock company, insurance company, or corporation, whether domestic or
foreign, a debtor in possession or receiver or trustee in bankruptcy, or the
legal representative of a deceased person, who has one or more regular
employees in the employer's employment.  "Employer" does not include:



(1)  The State, any of its political subdivisions, or
any instrumentality of the State or its political subdivisions;



(2)  The United States government or any
instrumentality of the United States;



(3)  Any other state or political subdivision thereof
or instrumentality of such state or political subdivision;



(4)  Any foreign government or instrumentality wholly
owned by a foreign government, if (A) the service performed in its employ is of
a character similar to that performed in foreign countries by employees of the
United States government or of an instrumentality thereof, and (B) the United
States Secretary of State has certified or certifies to the United States
Secretary of the Treasury that the foreign government, with respect to whose
instrumentality exemption is claimed, grants an equivalent exemption with
respect to similar service performed in the foreign country by employees of the
United States government and of instrumentalities thereof.



"Employment" means service, including
service in interstate commerce, performed for wages under any contract of hire,
written or oral, expressed or implied, with an employer, except as otherwise
provided in sections 393-4 and 393-5.



"Premium" means the amount payable to
a prepaid health care plan contractor as consideration for the contractor's
obligations under a prepaid health care plan.



"Prepaid health care plan" means any
agreement by which any prepaid health care plan contractor undertakes in
consideration of a stipulated premium:



(1)  Either to furnish health care, including
hospitalization, surgery, medical or nursing care, drugs or other restorative
appliances, subject to, if at all, only a nominal per service charge; or



(2)  To defray or reimburse, in whole or in part, the
expenses of health care.



"Prepaid health care plan contractor"
means:



(1)  Any medical group or organization which
undertakes under a prepaid health care plan to provide health care; or



(2)  Any nonprofit organization which undertakes under
a prepaid health care plan to defray or reimburse in whole or in part the
expenses of health care; or



(3)  Any insurer who undertakes under a prepaid health
care plan to defray or reimburse in whole or in part the expenses of health
care.



"Recipient of social service
payments" includes:



(1)  A person who is an eligible recipient of social
services such as attendant care and day care services; and



(2)  A corporation or private agency that contracts
directly with the department of human services to provide attendant care and
day care authorized under the Social Security Act, as amended.



"Regular employee" means a person
employed in the employment of any one employer for at least twenty hours per
week but does not include a person employed in seasonal employment. 
"Seasonal employment" for the purposes of this paragraph means
employment in a seasonal pursuit as defined in section 387-1 by a seasonal
employer during a seasonal period or seasonal periods for the employer in the
seasonal pursuit or employment by an employer engaged in the cultivating,
harvesting, processing, canning, and warehousing of pineapple during its
seasonal periods.  The director by rule and regulation may determine the kind
of employment that constitutes seasonal employment.



"Wages" means all remuneration for
services from whatever source, including commissions, bonuses, and tips and
gratuities paid directly to any individual by a customer of the individual's
employer, and the cash value of all remuneration in any medium other than cash.



The director may issue regulations for the
reasonable determination of the cash value of remuneration in any medium other
than cash.



If the employee does not account to the
employee's employer for the tips and gratuities received and is engaged in an
occupation in which the employee customarily and regularly receives more than
$20 a month in tips, the combined amount received by the employee from the
employee's employer and from tips shall be deemed to be at least equal to the
wage required by chapter 387 or a greater sum as determined by regulation of
the director.



"Wages" does not include the amount
of any payment specified in section 383-11 or 392-22 or chapter 386. [L 1974, c
210, pt of §1; am L 1976, c 78, §1; gen ch 1985; am L 2007, c 259, §5]



 



Revision Note



 



  Numeric designations deleted and paragraphs renumbered
accordingly.