State Codes and Statutes

Statutes > New-york > Lab > Article-20 > 701

§ 701. Definitions. When used in this article:    1.  The  term "person" includes one or more individuals, partnerships,  associations, corporations, legal representatives, trustees, trustees in  bankruptcy, or receivers.    2. The term "employer" includes any person acting on behalf of  or  in  the interest of an employer, directly or indirectly, with or without his  knowledge, and shall include any person who is the purchaser of services  performed by a person described in paragraph (b) of subdivision three of  this  section,  but a labor organization or any officer or agent thereof  shall only  be  considered  an  employer  with  respect  to  individuals  employed by such organization.    3.  (a)  The  term  "employees"  includes but is not restricted to any  individual employed  by  a  labor  organization;  any  individual  whose  employment  has  ceased  as a consequence of, or in connection with, any  current labor dispute or because of any unfair labor practice,  and  who  has   not  obtained  any  other  regular  and  substantially  equivalent  employment; and shall not be limited to the employees  of  a  particular  employer,  unless the article explicitly states otherwise, but shall not  include any individual employed by  his  parent  or  spouse  or  in  the  domestic  service  of  and directly employed, controlled and paid by any  person in his home, any individual whose primary responsibility  is  the  care  of  a minor child or children and/or someone who lives in the home  of a person for the purpose  of  serving  as  a  companion  to  a  sick,  convalescing  or elderly person or any individuals employed only for the  duration of a  labor  dispute,  or  any  individuals  employed  as  farm  laborers   or,   any   individual   who  participates  in  and  receives  rehabilitative  or  therapeutic  services  in  a  charitable  non-profit  rehabilitation facility or sheltered workshop or any individual employed  in a charitable non-profit rehabilitation facility or sheltered workshop  who  has  received  rehabilitative  or  therapeutic  services  and whose  capacity to perform the work for which he is  engaged  is  substantially  impaired by physical or mental deficiency or injury.    (b)  The term "employee" shall also include a professional musician or  a person otherwise engaged in the performing arts who performs  services  as such. "Engaged in the performing arts" shall mean performing services  in connection with production of or performance in any artistic endeavor  which requires artistic or technical skill or expertise.    4.  The  term  "representatives"  includes  a labor organization or an  individual whether or not employed by the  employer  of  those  whom  he  represents.    5.  The  term "labor organization" means any organization which exists  and is constituted for the purpose, in whole or in part,  of  collective  bargaining, or of dealing with employers concerning grievances, terms or  conditions of employment, or of other mutual aid or protection and which  is not a company union as defined herein.    6.   The   term   "company   union"   means  any  committee,  employee  representation plan or association of employees  which  exists  for  the  purpose,  in  whole  or  in  part,  of dealing with employers concerning  grievances or terms and conditions of employment, which the employer has  initiated or created or whose initiation or creation he  has  suggested,  participated  in  or  in  the  formulation  of  whose governing rules or  policies or the conducting of whose management, operations or  elections  the  employer  participates  in  or  supervises  or  which  the employer  maintains, finances, controls, dominates, or assists in  maintaining  or  financing,  whether by compensating anyone for services performed in its  behalf or by donating free services,  equipment,  materials,  office  or  meeting space or anything else of value, or by any other means.7.  The  term  "unfair  labor  practice" means only those unfair labor  practices listed in section seven hundred four.    8.  The  term  "labor dispute" includes, but is not restricted to, any  controversy between employers and employees or their representatives  as  defined  in  this  section  concerning  terms,  tenure  or conditions of  employment or concerning the association or representation of persons in  negotiating, fixing, maintaining, changing,  or  seeking  to  negotiate,  fix, maintain or change terms or conditions of employment, or concerning  the  violation of any of the rights granted or affirmed by this article,  regardless of whether the disputants stand in the proximate relation  of  employer and employee.    9.  The  term  "board"  means  the  public  employment relations board  created by section two  hundred  five  of  the  civil  service  law,  in  carrying out its functions under this article.    10.  The  term "policies of this article" means the policies set forth  in section seven hundred.    11. The term "non-profitmaking hospital or  residential  care  center"  means  an  organized  residential  facility  for  the medical diagnosis,  treatment and care of illness, disease, injury, infirmity or  deformity,  or  a residential facility providing nursing care or care of the aged or  dependent children, or a facility  for  the  prevention  of  cruelty  to  children or animals, which is located anywhere in the state and which is  maintained and operated by an association or corporation, no part of the  net  earnings  of which inures to the benefit of any private shareholder  or individual.    12. The term "employee of a non-profitmaking hospital  or  residential  care  center"  means any person employed or permitted to work by or at a  non-profitmaking hospital or  residential  care  center  but  shall  not  include  any  person employed or permitted to work: (a) in or for such a  non-profitmaking hospital or residential  care  center,  which  work  is  incidental  to  or  in  return  for  charitable  aid conferred upon such  individual and not under any express contract  of  hire;  or  (b)  as  a  volunteer.

State Codes and Statutes

Statutes > New-york > Lab > Article-20 > 701

§ 701. Definitions. When used in this article:    1.  The  term "person" includes one or more individuals, partnerships,  associations, corporations, legal representatives, trustees, trustees in  bankruptcy, or receivers.    2. The term "employer" includes any person acting on behalf of  or  in  the interest of an employer, directly or indirectly, with or without his  knowledge, and shall include any person who is the purchaser of services  performed by a person described in paragraph (b) of subdivision three of  this  section,  but a labor organization or any officer or agent thereof  shall only  be  considered  an  employer  with  respect  to  individuals  employed by such organization.    3.  (a)  The  term  "employees"  includes but is not restricted to any  individual employed  by  a  labor  organization;  any  individual  whose  employment  has  ceased  as a consequence of, or in connection with, any  current labor dispute or because of any unfair labor practice,  and  who  has   not  obtained  any  other  regular  and  substantially  equivalent  employment; and shall not be limited to the employees  of  a  particular  employer,  unless the article explicitly states otherwise, but shall not  include any individual employed by  his  parent  or  spouse  or  in  the  domestic  service  of  and directly employed, controlled and paid by any  person in his home, any individual whose primary responsibility  is  the  care  of  a minor child or children and/or someone who lives in the home  of a person for the purpose  of  serving  as  a  companion  to  a  sick,  convalescing  or elderly person or any individuals employed only for the  duration of a  labor  dispute,  or  any  individuals  employed  as  farm  laborers   or,   any   individual   who  participates  in  and  receives  rehabilitative  or  therapeutic  services  in  a  charitable  non-profit  rehabilitation facility or sheltered workshop or any individual employed  in a charitable non-profit rehabilitation facility or sheltered workshop  who  has  received  rehabilitative  or  therapeutic  services  and whose  capacity to perform the work for which he is  engaged  is  substantially  impaired by physical or mental deficiency or injury.    (b)  The term "employee" shall also include a professional musician or  a person otherwise engaged in the performing arts who performs  services  as such. "Engaged in the performing arts" shall mean performing services  in connection with production of or performance in any artistic endeavor  which requires artistic or technical skill or expertise.    4.  The  term  "representatives"  includes  a labor organization or an  individual whether or not employed by the  employer  of  those  whom  he  represents.    5.  The  term "labor organization" means any organization which exists  and is constituted for the purpose, in whole or in part,  of  collective  bargaining, or of dealing with employers concerning grievances, terms or  conditions of employment, or of other mutual aid or protection and which  is not a company union as defined herein.    6.   The   term   "company   union"   means  any  committee,  employee  representation plan or association of employees  which  exists  for  the  purpose,  in  whole  or  in  part,  of dealing with employers concerning  grievances or terms and conditions of employment, which the employer has  initiated or created or whose initiation or creation he  has  suggested,  participated  in  or  in  the  formulation  of  whose governing rules or  policies or the conducting of whose management, operations or  elections  the  employer  participates  in  or  supervises  or  which  the employer  maintains, finances, controls, dominates, or assists in  maintaining  or  financing,  whether by compensating anyone for services performed in its  behalf or by donating free services,  equipment,  materials,  office  or  meeting space or anything else of value, or by any other means.7.  The  term  "unfair  labor  practice" means only those unfair labor  practices listed in section seven hundred four.    8.  The  term  "labor dispute" includes, but is not restricted to, any  controversy between employers and employees or their representatives  as  defined  in  this  section  concerning  terms,  tenure  or conditions of  employment or concerning the association or representation of persons in  negotiating, fixing, maintaining, changing,  or  seeking  to  negotiate,  fix, maintain or change terms or conditions of employment, or concerning  the  violation of any of the rights granted or affirmed by this article,  regardless of whether the disputants stand in the proximate relation  of  employer and employee.    9.  The  term  "board"  means  the  public  employment relations board  created by section two  hundred  five  of  the  civil  service  law,  in  carrying out its functions under this article.    10.  The  term "policies of this article" means the policies set forth  in section seven hundred.    11. The term "non-profitmaking hospital or  residential  care  center"  means  an  organized  residential  facility  for  the medical diagnosis,  treatment and care of illness, disease, injury, infirmity or  deformity,  or  a residential facility providing nursing care or care of the aged or  dependent children, or a facility  for  the  prevention  of  cruelty  to  children or animals, which is located anywhere in the state and which is  maintained and operated by an association or corporation, no part of the  net  earnings  of which inures to the benefit of any private shareholder  or individual.    12. The term "employee of a non-profitmaking hospital  or  residential  care  center"  means any person employed or permitted to work by or at a  non-profitmaking hospital or  residential  care  center  but  shall  not  include  any  person employed or permitted to work: (a) in or for such a  non-profitmaking hospital or residential  care  center,  which  work  is  incidental  to  or  in  return  for  charitable  aid conferred upon such  individual and not under any express contract  of  hire;  or  (b)  as  a  volunteer.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lab > Article-20 > 701

§ 701. Definitions. When used in this article:    1.  The  term "person" includes one or more individuals, partnerships,  associations, corporations, legal representatives, trustees, trustees in  bankruptcy, or receivers.    2. The term "employer" includes any person acting on behalf of  or  in  the interest of an employer, directly or indirectly, with or without his  knowledge, and shall include any person who is the purchaser of services  performed by a person described in paragraph (b) of subdivision three of  this  section,  but a labor organization or any officer or agent thereof  shall only  be  considered  an  employer  with  respect  to  individuals  employed by such organization.    3.  (a)  The  term  "employees"  includes but is not restricted to any  individual employed  by  a  labor  organization;  any  individual  whose  employment  has  ceased  as a consequence of, or in connection with, any  current labor dispute or because of any unfair labor practice,  and  who  has   not  obtained  any  other  regular  and  substantially  equivalent  employment; and shall not be limited to the employees  of  a  particular  employer,  unless the article explicitly states otherwise, but shall not  include any individual employed by  his  parent  or  spouse  or  in  the  domestic  service  of  and directly employed, controlled and paid by any  person in his home, any individual whose primary responsibility  is  the  care  of  a minor child or children and/or someone who lives in the home  of a person for the purpose  of  serving  as  a  companion  to  a  sick,  convalescing  or elderly person or any individuals employed only for the  duration of a  labor  dispute,  or  any  individuals  employed  as  farm  laborers   or,   any   individual   who  participates  in  and  receives  rehabilitative  or  therapeutic  services  in  a  charitable  non-profit  rehabilitation facility or sheltered workshop or any individual employed  in a charitable non-profit rehabilitation facility or sheltered workshop  who  has  received  rehabilitative  or  therapeutic  services  and whose  capacity to perform the work for which he is  engaged  is  substantially  impaired by physical or mental deficiency or injury.    (b)  The term "employee" shall also include a professional musician or  a person otherwise engaged in the performing arts who performs  services  as such. "Engaged in the performing arts" shall mean performing services  in connection with production of or performance in any artistic endeavor  which requires artistic or technical skill or expertise.    4.  The  term  "representatives"  includes  a labor organization or an  individual whether or not employed by the  employer  of  those  whom  he  represents.    5.  The  term "labor organization" means any organization which exists  and is constituted for the purpose, in whole or in part,  of  collective  bargaining, or of dealing with employers concerning grievances, terms or  conditions of employment, or of other mutual aid or protection and which  is not a company union as defined herein.    6.   The   term   "company   union"   means  any  committee,  employee  representation plan or association of employees  which  exists  for  the  purpose,  in  whole  or  in  part,  of dealing with employers concerning  grievances or terms and conditions of employment, which the employer has  initiated or created or whose initiation or creation he  has  suggested,  participated  in  or  in  the  formulation  of  whose governing rules or  policies or the conducting of whose management, operations or  elections  the  employer  participates  in  or  supervises  or  which  the employer  maintains, finances, controls, dominates, or assists in  maintaining  or  financing,  whether by compensating anyone for services performed in its  behalf or by donating free services,  equipment,  materials,  office  or  meeting space or anything else of value, or by any other means.7.  The  term  "unfair  labor  practice" means only those unfair labor  practices listed in section seven hundred four.    8.  The  term  "labor dispute" includes, but is not restricted to, any  controversy between employers and employees or their representatives  as  defined  in  this  section  concerning  terms,  tenure  or conditions of  employment or concerning the association or representation of persons in  negotiating, fixing, maintaining, changing,  or  seeking  to  negotiate,  fix, maintain or change terms or conditions of employment, or concerning  the  violation of any of the rights granted or affirmed by this article,  regardless of whether the disputants stand in the proximate relation  of  employer and employee.    9.  The  term  "board"  means  the  public  employment relations board  created by section two  hundred  five  of  the  civil  service  law,  in  carrying out its functions under this article.    10.  The  term "policies of this article" means the policies set forth  in section seven hundred.    11. The term "non-profitmaking hospital or  residential  care  center"  means  an  organized  residential  facility  for  the medical diagnosis,  treatment and care of illness, disease, injury, infirmity or  deformity,  or  a residential facility providing nursing care or care of the aged or  dependent children, or a facility  for  the  prevention  of  cruelty  to  children or animals, which is located anywhere in the state and which is  maintained and operated by an association or corporation, no part of the  net  earnings  of which inures to the benefit of any private shareholder  or individual.    12. The term "employee of a non-profitmaking hospital  or  residential  care  center"  means any person employed or permitted to work by or at a  non-profitmaking hospital or  residential  care  center  but  shall  not  include  any  person employed or permitted to work: (a) in or for such a  non-profitmaking hospital or residential  care  center,  which  work  is  incidental  to  or  in  return  for  charitable  aid conferred upon such  individual and not under any express contract  of  hire;  or  (b)  as  a  volunteer.