§ 2 — Definitions

§ 2. Definitions. Whenever used in this chapter:\n 1. "Department" means the department of labor of the state of New\nYork.\n 2. "Commissioner" means the commissioner of labor of the state of New\nYork.\n 3. "Board," as determined by the context, shall mean either the\nworkmen's compensation board or the industrial board of appeals of the\nstate of New York.\n 4. "Rule" means any rule or regulation made by the industrial\ncommissioner and any amendment or repeal thereof.\n 5. "Employee" means a mechanic, workingman or laborer working for\nanother for hire.\n 6. "Employer" means the person employing any such mechanic, workingman\nor laborer, whether the owner, proprietor, agent, superintendent,\nforeman or other subordinate.\n 7. "Employed" includes permitted or suffered to work.\n 8. "Person" includes a corporation or a joint-stock association.\n 8-a. "Agent" of a corporation includes, but is not limited to, a\nmanager, superintendent, foreman, supervisor or any other person\nemployed acting in such capacity.\n 9. "Factory" includes a mill, workshop or other manufacturing\nestablishment where one or more persons are employed at manufacturing,\nincluding making, altering, repairing, finishing, bottling, canning,\ncleaning or laundering any article or thing, in whole or in part, and\nincludes all buildings, sheds, structures or other places used for or in\nconnection therewith, except (a) dry dock plants engaged in making\nrepairs to ships and (b) power houses, generating plants and other\nstructures owned or operated by a public service corporation or a\nmunicipal corporation other than construction or repair shops, subject\nto the jurisdiction of the public service commission and (c) structures,\noperated as refrigerated warehouses for the handling, packing,\nrefrigeration and storage of fruits and vegetables and which are subject\nto the jurisdiction of or licensed by the department of agriculture and\nmarkets, also structures used in cleaning or packing celery. The\nprovisions of this chapter affecting structural changes and alterations\nshall not apply to factories or to any buildings, sheds or other places\nused for or in connection therewith where less than six persons are\nemployed at manufacturing except as otherwise prescribed by the rules.\n 10. "Factory building" means a building, shed or structure which, or\nany part of which, is occupied by or used for a factory, and in which at\nleast one-tenth or more than twenty-five of all the persons employed in\nthe building are engaged in work for a factory, but shall not include a\nbuilding in a city having a population of more than one million, used\nexclusively by one employer and in which not more than one-tenth of all\nthe persons employed therein are engaged in work for a factory and\nwhich, except for such factory work, would be classified as a mercantile\nestablishment. The provisions of this chapter shall apply to any part of\na building occupied or used as a factory, except as otherwise provided\nby this subdivision.\n 11. "Mercantile establishment" means a place where one or more persons\nare employed in which goods, wares or merchandise are offered for sale\nand includes a building, shed or structure, or any part thereof,\noccupied in connection with such establishment. The provisions of this\nchapter affecting structural changes and alterations shall not apply to\nmercantile establishments where less than six persons are employed\nexcept as otherwise prescribed by the rules.\n 12. "Place of public assembly" shall include (1) a theatre, (2) moving\npicture house, (3) assembly halls maintained or leased for pecuniary\ngain where one hundred or more persons may assemble for amusement or\nrecreation, except (a) halls owned by churches, religious organizations,\ngranges, and public association and free libraries as defined by section\ntwo hundred fifty-three of the education law, and (b) hotels having\nfifty or more rooms.\n 13. "Public building" shall include a factory building, an office\nbuilding, a mercantile building, a hotel building, a theatre building, a\nwarehouse building, an apartment building, a state or municipal\nbuilding, a school, a college or university building, a building\ncontaining a place of public assembly maintained or leased for pecuniary\ngain, or any other building more than one story high except a dwelling\nhouse less than three stories high or occupied by less than three\nfamilies.\n 14. All references to male employees in this chapter shall be deemed\nto include female employees.\n 15. "Minor" means any person who has not attained the age of eighteen\nyears.\n 16. "Domestic worker" shall mean a person employed in a home or\nresidence for the purpose of caring for a child, serving as a companion\nfor a sick, convalescing or elderly person, housekeeping, or for any\nother domestic service purpose. "Domestic worker" does not include any\nindividual (a) working on a casual basis, (b) who is engaged in\nproviding companionship services, as defined in paragraph fifteen of\nsubdivision (a) of section 213 of the fair labor standards act of 1938,\nand who is employed by an employer or agency other than the family or\nhousehold using his or her services, or (c) who is a relative through\nblood, marriage or adoption of: (1) the employer; or (2) the person for\nwhom the worker is delivering services under a program funded or\nadministered by federal, state or local government.\n 17. All references to labor law, chapter, article or section shall be\ndeemed to include any rule, regulation or order promulgated thereunder\nor related thereto.\n 18. "Farm laborer" shall mean any individual who works on a farm and\nis an employee under article nineteen of this chapter. Members of an\nemployer's immediate family who are related to the third degree of\nconsanguinity or affinity shall not be considered to be employed on a\nfarm if they work on a farm out of familial obligations and are not paid\nwages, or other compensation based on their hours or days of work.\n