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

"Department" means the department oflabor and industrial relations.

"Director" means the director oflabor and industrial relations.

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

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

(2)  The United States government or anyinstrumentality of the United States;

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

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

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

"Premium" means the amount payable toa prepaid health care plan contractor as consideration for the contractor'sobligations under a prepaid health care plan.

"Prepaid health care plan" means anyagreement by which any prepaid health care plan contractor undertakes inconsideration of a stipulated premium:

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

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

"Prepaid health care plan contractor"means:

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

(2)  Any nonprofit organization which undertakes undera prepaid health care plan to defray or reimburse in whole or in part theexpenses of health care; or

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

"Recipient of social servicepayments" includes:

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

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

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

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

The director may issue regulations for thereasonable determination of the cash value of remuneration in any medium otherthan cash.

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

"Wages" does not include the amountof any payment specified in section 383-11 or 392-22 or chapter 386. [L 1974, c210, 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 renumberedaccordingly.