§ 190 — Definitions

New York § 190

• Jurisdiction: New York
• Law LAB: Labor
• Art. 6: Payment of Wages

Text

§ 190. Definitions. As used in this article:\n 1. "Wages" means the earnings of an employee for labor or services\nrendered, regardless of whether the amount of earnings is determined on\na time, piece, commission or other basis. The term "wages" also includes\nbenefits or wage supplements as defined in section one hundred\nninety-eight-c of this article, except for the purposes of sections one\nhundred ninety-one and one hundred ninety-two of this article.\n 2. "Employee" means any person employed for hire by an employer in any\nemployment, but with respect to the entirety of this article, except\nsections one hundred ninety-three, one hundred ninety-six-b, one hundred\nninety-eight, and one hundred ninety-eight-b, shall not include any\nperson who has entered into a contract to play baseball at the minor\nleague level and who is compensated pursuant to the terms of a\ncollective bargaining agreement that expressly provides for the wages,\nhours of work, and working conditions of employees.\n 3. "Employer" includes any person, corporation, limited liability\ncompany, or association employing any individual in any occupation,\nindustry, trade, business or service. The term "employer" shall not\ninclude a governmental agency.\n 4. "Manual worker" means a mechanic, workingman or laborer, but shall\nnot include any person who has entered into a contract to play baseball\nat the minor league level and who is compensated pursuant to the terms\nof a collective bargaining agreement that expressly provides for the\nwages, hours of work, and working conditions of employees.\n 5. "Railroad worker" means any person employed by an employer who\noperates a steam, electric or diesel surface railroad or is engaged in\nthe sleeping car business. The term "railroad worker" shall not include\na person employed in an executive capacity.\n 6. "Commission salesman" means any employee whose principal activity\nis the selling of any goods, wares, merchandise, services, real estate,\nsecurities, insurance or any article or thing and whose earnings are\nbased in whole or in part on commissions. The term "commission salesman"\ndoes not include an employee whose principal activity is of a\nsupervisory, managerial, executive or administrative nature.\n 7. "Clerical and other worker" includes all employees not included in\nsubdivisions four, five and six of this section, except any person\nemployed in a bona fide executive, administrative or professional\ncapacity whose earnings are in excess of one thousand three hundred\ndollars a week.\n 8. "Week" means a calendar week or a regularly established payroll\nweek. "Month" means a calendar month or a regularly established fiscal\nmonth.\n 9. "Non-profitmaking organization" means a corporation, unincorporated\nassociation, community chest, fund or foundation organized and operated\nexclusively for religious, charitable or educational purposes, no part\nof the net earnings of which inure to the benefit of any private\nshareholder or individual.\n