State Codes and Statutes

Statutes > New-york > Lab > Article-1 > 2

§ 2. Definitions. Whenever used in this chapter:    1. "Department"  means  the  department  of  labor of the state of New  York.    2. "Commissioner" means the commissioner of labor of the state of  New  York.    3. "Board,"  as  determined  by  the  context,  shall  mean either the  workmen's compensation board or the industrial board of appeals  of  the  state of New York.    4. "Rule"  means  any  rule  or  regulation  made  by  the  industrial  commissioner and any amendment or repeal thereof.    5. "Employee" means a mechanic,  workingman  or  laborer  working  for  another for hire.    6. "Employer" means the person employing any such mechanic, workingman  or  laborer,  whether  the  owner,  proprietor,  agent,  superintendent,  foreman or other subordinate.    7. "Employed" includes permitted or suffered to work.    8. "Person" includes a corporation or a joint-stock association.    8-a. "Agent" of a corporation includes,  but  is  not  limited  to,  a  manager,   superintendent,  foreman,  supervisor  or  any  other  person  employed acting in such capacity.    9. "Factory"  includes  a  mill,  workshop  or   other   manufacturing  establishment  where  one or more persons are employed at manufacturing,  including making, altering,  repairing,  finishing,  bottling,  canning,  cleaning  or  laundering  any article or thing, in whole or in part, and  includes all buildings, sheds, structures or other places used for or in  connection therewith, except (a)  dry  dock  plants  engaged  in  making  repairs  to  ships  and  (b)  power  houses, generating plants and other  structures owned or operated  by  a  public  service  corporation  or  a  municipal  corporation  other than construction or repair shops, subject  to the jurisdiction of the public service commission and (c) structures,  operated  as  refrigerated  warehouses  for   the   handling,   packing,  refrigeration and storage of fruits and vegetables and which are subject  to  the jurisdiction of or licensed by the department of agriculture and  markets, also  structures  used  in  cleaning  or  packing  celery.  The  provisions  of this chapter affecting structural changes and alterations  shall not apply to factories or to any buildings, sheds or other  places  used  for  or  in  connection  therewith where less than six persons are  employed at manufacturing except as otherwise prescribed by the rules.    10. "Factory building" means a building, shed or structure  which,  or  any part of which, is occupied by or used for a factory, and in which at  least  one-tenth or more than twenty-five of all the persons employed in  the building are engaged in work for a factory, but shall not include  a  building  in  a  city having a population of more than one million, used  exclusively by one employer and in which not more than one-tenth of  all  the  persons  employed  therein  are  engaged  in work for a factory and  which, except for such factory work, would be classified as a mercantile  establishment. The provisions of this chapter shall apply to any part of  a building occupied or used as a factory, except as  otherwise  provided  by this subdivision.    11. "Mercantile establishment" means a place where one or more persons  are  employed  in which goods, wares or merchandise are offered for sale  and includes a  building,  shed  or  structure,  or  any  part  thereof,  occupied  in  connection with such establishment. The provisions of this  chapter affecting structural changes and alterations shall not apply  to  mercantile  establishments  where  less  than  six  persons are employed  except as otherwise prescribed by the rules.    12. "Place of public assembly" shall include (1) a theatre, (2) moving  picture house, (3) assembly halls maintained  or  leased  for  pecuniarygain  where  one  hundred  or more persons may assemble for amusement or  recreation, except (a) halls owned by churches, religious organizations,  granges, and public association and free libraries as defined by section  two  hundred  fifty-three  of  the  education law, and (b) hotels having  fifty or more rooms.    13. "Public building" shall include  a  factory  building,  an  office  building, a mercantile building, a hotel building, a theatre building, a  warehouse   building,  an  apartment  building,  a  state  or  municipal  building, a  school,  a  college  or  university  building,  a  building  containing a place of public assembly maintained or leased for pecuniary  gain,  or  any other building more than one story high except a dwelling  house less than three stories  high  or  occupied  by  less  than  three  families.    14. All  references  to male employees in this chapter shall be deemed  to include female employees.    15. "Minor" means any person who has not attained the age of  eighteen  years.    * 16.  "Domestic  worker"  shall  mean  a person employed in a home or  residence for the purpose of caring for a child, serving as a  companion  for  a  sick,  convalescing  or elderly person, housekeeping, or for any  other domestic service purpose. "Domestic worker" does not  include  any  individual  (a)  working  on  a  casual  basis,  (b)  who  is engaged in  providing companionship services, as defined  in  paragraph  fifteen  of  subdivision  (a) of section 213 of the fair labor standards act of 1938,  and who is employed by an employer or agency other than  the  family  or  household  using  his  or her services, or (c) who is a relative through  blood, marriage or adoption of: (1) the employer; or (2) the person  for  whom  the  worker  is  delivering  services  under  a  program funded or  administered by federal, state or local government.    * NB Effective November 29, 2010

State Codes and Statutes

Statutes > New-york > Lab > Article-1 > 2

§ 2. Definitions. Whenever used in this chapter:    1. "Department"  means  the  department  of  labor of the state of New  York.    2. "Commissioner" means the commissioner of labor of the state of  New  York.    3. "Board,"  as  determined  by  the  context,  shall  mean either the  workmen's compensation board or the industrial board of appeals  of  the  state of New York.    4. "Rule"  means  any  rule  or  regulation  made  by  the  industrial  commissioner and any amendment or repeal thereof.    5. "Employee" means a mechanic,  workingman  or  laborer  working  for  another for hire.    6. "Employer" means the person employing any such mechanic, workingman  or  laborer,  whether  the  owner,  proprietor,  agent,  superintendent,  foreman or other subordinate.    7. "Employed" includes permitted or suffered to work.    8. "Person" includes a corporation or a joint-stock association.    8-a. "Agent" of a corporation includes,  but  is  not  limited  to,  a  manager,   superintendent,  foreman,  supervisor  or  any  other  person  employed acting in such capacity.    9. "Factory"  includes  a  mill,  workshop  or   other   manufacturing  establishment  where  one or more persons are employed at manufacturing,  including making, altering,  repairing,  finishing,  bottling,  canning,  cleaning  or  laundering  any article or thing, in whole or in part, and  includes all buildings, sheds, structures or other places used for or in  connection therewith, except (a)  dry  dock  plants  engaged  in  making  repairs  to  ships  and  (b)  power  houses, generating plants and other  structures owned or operated  by  a  public  service  corporation  or  a  municipal  corporation  other than construction or repair shops, subject  to the jurisdiction of the public service commission and (c) structures,  operated  as  refrigerated  warehouses  for   the   handling,   packing,  refrigeration and storage of fruits and vegetables and which are subject  to  the jurisdiction of or licensed by the department of agriculture and  markets, also  structures  used  in  cleaning  or  packing  celery.  The  provisions  of this chapter affecting structural changes and alterations  shall not apply to factories or to any buildings, sheds or other  places  used  for  or  in  connection  therewith where less than six persons are  employed at manufacturing except as otherwise prescribed by the rules.    10. "Factory building" means a building, shed or structure  which,  or  any part of which, is occupied by or used for a factory, and in which at  least  one-tenth or more than twenty-five of all the persons employed in  the building are engaged in work for a factory, but shall not include  a  building  in  a  city having a population of more than one million, used  exclusively by one employer and in which not more than one-tenth of  all  the  persons  employed  therein  are  engaged  in work for a factory and  which, except for such factory work, would be classified as a mercantile  establishment. The provisions of this chapter shall apply to any part of  a building occupied or used as a factory, except as  otherwise  provided  by this subdivision.    11. "Mercantile establishment" means a place where one or more persons  are  employed  in which goods, wares or merchandise are offered for sale  and includes a  building,  shed  or  structure,  or  any  part  thereof,  occupied  in  connection with such establishment. The provisions of this  chapter affecting structural changes and alterations shall not apply  to  mercantile  establishments  where  less  than  six  persons are employed  except as otherwise prescribed by the rules.    12. "Place of public assembly" shall include (1) a theatre, (2) moving  picture house, (3) assembly halls maintained  or  leased  for  pecuniarygain  where  one  hundred  or more persons may assemble for amusement or  recreation, except (a) halls owned by churches, religious organizations,  granges, and public association and free libraries as defined by section  two  hundred  fifty-three  of  the  education law, and (b) hotels having  fifty or more rooms.    13. "Public building" shall include  a  factory  building,  an  office  building, a mercantile building, a hotel building, a theatre building, a  warehouse   building,  an  apartment  building,  a  state  or  municipal  building, a  school,  a  college  or  university  building,  a  building  containing a place of public assembly maintained or leased for pecuniary  gain,  or  any other building more than one story high except a dwelling  house less than three stories  high  or  occupied  by  less  than  three  families.    14. All  references  to male employees in this chapter shall be deemed  to include female employees.    15. "Minor" means any person who has not attained the age of  eighteen  years.    * 16.  "Domestic  worker"  shall  mean  a person employed in a home or  residence for the purpose of caring for a child, serving as a  companion  for  a  sick,  convalescing  or elderly person, housekeeping, or for any  other domestic service purpose. "Domestic worker" does not  include  any  individual  (a)  working  on  a  casual  basis,  (b)  who  is engaged in  providing companionship services, as defined  in  paragraph  fifteen  of  subdivision  (a) of section 213 of the fair labor standards act of 1938,  and who is employed by an employer or agency other than  the  family  or  household  using  his  or her services, or (c) who is a relative through  blood, marriage or adoption of: (1) the employer; or (2) the person  for  whom  the  worker  is  delivering  services  under  a  program funded or  administered by federal, state or local government.    * NB Effective November 29, 2010

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lab > Article-1 > 2

§ 2. Definitions. Whenever used in this chapter:    1. "Department"  means  the  department  of  labor of the state of New  York.    2. "Commissioner" means the commissioner of labor of the state of  New  York.    3. "Board,"  as  determined  by  the  context,  shall  mean either the  workmen's compensation board or the industrial board of appeals  of  the  state of New York.    4. "Rule"  means  any  rule  or  regulation  made  by  the  industrial  commissioner and any amendment or repeal thereof.    5. "Employee" means a mechanic,  workingman  or  laborer  working  for  another for hire.    6. "Employer" means the person employing any such mechanic, workingman  or  laborer,  whether  the  owner,  proprietor,  agent,  superintendent,  foreman or other subordinate.    7. "Employed" includes permitted or suffered to work.    8. "Person" includes a corporation or a joint-stock association.    8-a. "Agent" of a corporation includes,  but  is  not  limited  to,  a  manager,   superintendent,  foreman,  supervisor  or  any  other  person  employed acting in such capacity.    9. "Factory"  includes  a  mill,  workshop  or   other   manufacturing  establishment  where  one or more persons are employed at manufacturing,  including making, altering,  repairing,  finishing,  bottling,  canning,  cleaning  or  laundering  any article or thing, in whole or in part, and  includes all buildings, sheds, structures or other places used for or in  connection therewith, except (a)  dry  dock  plants  engaged  in  making  repairs  to  ships  and  (b)  power  houses, generating plants and other  structures owned or operated  by  a  public  service  corporation  or  a  municipal  corporation  other than construction or repair shops, subject  to the jurisdiction of the public service commission and (c) structures,  operated  as  refrigerated  warehouses  for   the   handling,   packing,  refrigeration and storage of fruits and vegetables and which are subject  to  the jurisdiction of or licensed by the department of agriculture and  markets, also  structures  used  in  cleaning  or  packing  celery.  The  provisions  of this chapter affecting structural changes and alterations  shall not apply to factories or to any buildings, sheds or other  places  used  for  or  in  connection  therewith where less than six persons are  employed at manufacturing except as otherwise prescribed by the rules.    10. "Factory building" means a building, shed or structure  which,  or  any part of which, is occupied by or used for a factory, and in which at  least  one-tenth or more than twenty-five of all the persons employed in  the building are engaged in work for a factory, but shall not include  a  building  in  a  city having a population of more than one million, used  exclusively by one employer and in which not more than one-tenth of  all  the  persons  employed  therein  are  engaged  in work for a factory and  which, except for such factory work, would be classified as a mercantile  establishment. The provisions of this chapter shall apply to any part of  a building occupied or used as a factory, except as  otherwise  provided  by this subdivision.    11. "Mercantile establishment" means a place where one or more persons  are  employed  in which goods, wares or merchandise are offered for sale  and includes a  building,  shed  or  structure,  or  any  part  thereof,  occupied  in  connection with such establishment. The provisions of this  chapter affecting structural changes and alterations shall not apply  to  mercantile  establishments  where  less  than  six  persons are employed  except as otherwise prescribed by the rules.    12. "Place of public assembly" shall include (1) a theatre, (2) moving  picture house, (3) assembly halls maintained  or  leased  for  pecuniarygain  where  one  hundred  or more persons may assemble for amusement or  recreation, except (a) halls owned by churches, religious organizations,  granges, and public association and free libraries as defined by section  two  hundred  fifty-three  of  the  education law, and (b) hotels having  fifty or more rooms.    13. "Public building" shall include  a  factory  building,  an  office  building, a mercantile building, a hotel building, a theatre building, a  warehouse   building,  an  apartment  building,  a  state  or  municipal  building, a  school,  a  college  or  university  building,  a  building  containing a place of public assembly maintained or leased for pecuniary  gain,  or  any other building more than one story high except a dwelling  house less than three stories  high  or  occupied  by  less  than  three  families.    14. All  references  to male employees in this chapter shall be deemed  to include female employees.    15. "Minor" means any person who has not attained the age of  eighteen  years.    * 16.  "Domestic  worker"  shall  mean  a person employed in a home or  residence for the purpose of caring for a child, serving as a  companion  for  a  sick,  convalescing  or elderly person, housekeeping, or for any  other domestic service purpose. "Domestic worker" does not  include  any  individual  (a)  working  on  a  casual  basis,  (b)  who  is engaged in  providing companionship services, as defined  in  paragraph  fifteen  of  subdivision  (a) of section 213 of the fair labor standards act of 1938,  and who is employed by an employer or agency other than  the  family  or  household  using  his  or her services, or (c) who is a relative through  blood, marriage or adoption of: (1) the employer; or (2) the person  for  whom  the  worker  is  delivering  services  under  a  program funded or  administered by federal, state or local government.    * NB Effective November 29, 2010

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