§ 230 — Definitions

New York § 230

• Jurisdiction: New York
• Law LAB: Labor
• Art. 9: Prevailing Wage For Building Service Employees

Text

§ 230. Definitions. As used in this article:\n 1. "Building service employee" or "employee" means any person\nperforming work in connection with the care or maintenance of an\nexisting building, or in connection with the transportation of office\nfurniture or equipment to or from such building, or in connection with\nthe transportation and delivery of fossil fuel to such building, for a\ncontractor under a contract with a public agency which is in excess of\none thousand five hundred dollars and the principal purpose of which is\nto furnish services through the use of building service employees.\n "Building service employee" or "employee" includes, but is not\nlimited, to, watchman, guard, doorman, building cleaner, porter,\nhandyman, janitor, gardener, groundskeeper, stationary fireman, elevator\noperator and starter, window cleaner, and occupations relating to the\ncollection of garbage or refuse, and to the transportation of office\nfurniture and equipment, and to the transportation and delivery of\nfossil fuel but does not include clerical, sales, professional,\ntechnician and related occupations.\n "Building service employee" or "employee" also does not include any\nemployee to whom the provisions of articles eight and eight-a of this\nchapter are applicable.\n 2. "Building service work" or "service work" means work performed by a\nbuilding service employee, but does not include work performed for a\ncontractor under a contract for the furnishing of services by radio,\ntelephone, telegraph or cable companies; and any contract for public\nutility services, including electric light and power, water, steam and\ngas.\n 3. "Public agency" means the state, any of its political subdivisions,\na public benefit corporation, a public authority or commission or\nspecial purpose district board appointed pursuant to law, and a board of\neducation.\n 4. "Contractor" means any employer who employs employees to perform\nbuilding service work under a contract with a public agency and shall\ninclude any of the contractor's subcontractors.\n 5. "Wage" includes: (a) basic hourly cash rate of pay; and (b)\nsupplements. The term "supplements" means fringe benefits including\nmedical or hospital care, pensions on retirement or death, compensation\nfor injuries or illness resulting from occupational activity, or\ninsurance to provide any of the foregoing, unemployment benefits, life\ninsurance, disability and sickness insurance, accident insurance,\nvacation and holiday pay, costs of apprenticeship or other similar\nprograms and other bona fide fringe benefits not otherwise required by\nfederal, state or local law to be provided by the contractor or\nsubcontractor.\n 6. "Prevailing wage" means the wage determined by the fiscal officer\nto be prevailing for the various classes of building service employees\nin the locality. In no event shall the basic hourly cash rate of pay be\nless than the statutory minimum wage established by article nineteen of\nthis chapter, or, in a city with a local law requiring a higher minimum\nwage on city contract work, less than the minimum wage specified in such\nlocal law.\n 7. "Locality" means the state, a town, city, village or other civil\ndivision or area of the state as determined by the fiscal officer. The\nfiscal officer may fix a different geographic area in determining the\nlocality for the prevailing basic hourly cash rate of pay and the\nlocality for prevailing supplements.\n 8. "Fiscal officer" means the industrial commissioner, except for\nbuilding service work performed by or on behalf of a city, in which case\n"fiscal officer" means the comptroller or other analogous officer of\nsuch city.\n 9. "Fossil fuel" shall mean coal, petroleum products and fuel gases.\n"Coal" shall include bituminous coal, anthracite coal and lignite. "Fuel\ngases" shall include but not be limited to methane, natural gas,\nliquefied natural gas and manufactured fuel gases. "Petroleum products"\nshall include all products refined or rerefined from synthetic or crude\noil or oil extracted from other sources, including natural gas liquids.\nProvided that nothing in this subdivision shall affect the exclusion for\npublic utility services set forth in subdivision two of this section.\n 10. "Substantially-owned affiliated entity" shall mean the parent\ncompany of the contractor or subcontractor, any subsidiary of the\ncontractor or subcontractor, or any entity in which the parent of the\ncontractor or subcontractor owns more than fifty percent of the voting\nstock, or an entity in which one or more of the top five shareholders of\nthe contractor or subcontractor individually or collectively also owns a\ncontrolling share of the voting stock, or an entity which exhibits any\nother indicia of control over the contractor or subcontractor or over\nwhich the contractor or subcontractor exhibits control, regardless of\nwhether or not the controlling party or parties have any identifiable or\ndocumented ownership interest. Such indicia shall include: power or\nresponsibility over employment decisions, access to and/or use of the\nrelevant entity's assets or equipment, power or responsibility over\ncontracts of the entity, responsibility for maintenance or submission of\ncertified payroll records, and influence over the business decisions of\nthe relevant entity.\n 11. "Entity" shall mean a partnership, association, joint venture,\ncompany, sole proprietorship, corporation or any other form of doing\nbusiness.\n 12. "Parent company" shall mean an entity that directly controls the\ncontractor or subcontractor.\n 13. "Subsidiary" shall mean an entity that is controlled directly, or\nindirectly through one or more intermediaries, by a contractor or\nsubcontractor or the contractor's parent company.\n 14. "Successor" shall mean an entity engaged in work substantially\nsimilar to that of the predecessor, where there is substantial\ncontinuity of operation with that of the predecessor.\n