§ 334. Definitions. For the purposes of this article:\n 1. "Commissioner" shall mean the commissioner of agriculture and\nmarkets.\n 2. "Department" shall mean the department of agriculture and markets.\n 3. "Eligible farm employee" shall mean an individual who meets the\ndefinition of a "farm laborer" under section two of the labor law who is\nemployed in New York state by (a) a farm employer or (b) a qualified\nprofessional employer organization.\n 4. "Eligible overtime" shall mean the aggregate number of hours of\nwork performed during the calendar year by an eligible farm employee\nthat in any calendar week exceeds the overtime work threshold set by the\ncommissioner of labor pursuant to the recommendation of the farm\nlaborers wage board, provided that work performed in such cal
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§ 334. Definitions. For the purposes of this article:\n 1. "Commissioner" shall mean the commissioner of agriculture and\nmarkets.\n 2. "Department" shall mean the department of agriculture and markets.\n 3. "Eligible farm employee" shall mean an individual who meets the\ndefinition of a "farm laborer" under section two of the labor law who is\nemployed in New York state by (a) a farm employer or (b) a qualified\nprofessional employer organization.\n 4. "Eligible overtime" shall mean the aggregate number of hours of\nwork performed during the calendar year by an eligible farm employee\nthat in any calendar week exceeds the overtime work threshold set by the\ncommissioner of labor pursuant to the recommendation of the farm\nlaborers wage board, provided that work performed in such calendar week\nin excess of sixty hours shall not be included.\n 5. "Farm employer" shall mean a corporation (including a New York S\ncorporation), a sole proprietorship, a limited liability company or a\npartnership whose principal business is farming activity.\n 6. "Farming activity" shall include, but not be limited to, the\ncultivation of crops, operation, or management of a farm for gain or\nprofit, including the operation or management of livestock, dairy,\npoultry, aquaculture, fruit, fur-bearing animal, field crop,\nhorticultural specialty, and vegetable farms.\n 7. "Overtime expense" shall mean the product of (a) the eligible\novertime hours worked during the calendar year by the eligible farm\nemployee and (b) the overtime rate paid to the eligible farm employee\nless such eligible farm employee's regular rate of pay.\n 8. "Qualified farm employer" shall mean a farm employer that:\n (a) primarily engaged in farming activity during the calendar year;\n (b) utilized eligible farm employees in its farming activity during\nthe calendar year; and\n (c) directly, or indirectly through a qualified professional employer\norganization, paid eligible overtime to eligible farm employees during\nthe calendar year.\n 9. "Qualified professional employer organization" shall mean an entity\nwho provides remuneration to or otherwise employs eligible farm\nemployees on behalf of a farm employer.\n