N.Y. Lab. Law § 651

§ 651. Definitions. As used in this article:\n 1. "Commissioner" means the industrial commissioner.\n 2. "Department" means the labor department.\n 3. "Board" or "wage board" means a board created as provided in this\narticle.\n 4. "Occupation" means an industry, trade, business or class of work in\nwhich employees are gainfully employed.\n 5. "Employee" includes any individual employed or permitted to work by\nan employer in any occupation, but shall not include any individual who\nis employed or permitted to work: (a) on a casual basis in service as a\npart time baby sitter in the home of the employer; (b) in labor on a\nfarm; (c) in a bona fide executive, administrative, or professional\ncapacity; (d) as an outside salesman; (e) as a driver engaged in\noperating a taxicab; (f) as a volunteer, learner or apprentice by a\ncorporation, unincorporated association, community chest, fund or\nfoundation organized and operated exclusively for religious, charitable\nor educational purposes, no part of the net earnings of which inures to\nthe benefit of any private shareholder or individual; (g) as a member of\na religious order, or as a duly ordained, commissioned or licensed\nminister, priest or rabbi, or as a sexton, or as a christian science\nreader; (h) in or for such a religious or charitable institution, which\nwork is incidental to or in return for charitable aid conferred upon\nsuch individual and not under any express contract of hire; (i) in or\nfor such a religious, educational or charitable institution if such\nindividual is a student; (j) in or for such a religious, educational or\ncharitable institution if the earning capacity of such individual is\nimpaired by age or by physical or mental deficiency or injury; (k) in or\nfor a summer camp or conference of such a religious, educational or\ncharitable institution for not more than three months annually; (l) as a\nstaff counselor in a children's camp; (m) in or for a college or\nuniversity fraternity, sorority, student association or faculty\nassociation, no part of the net earnings of which inures to the benefit\nof any private shareholder or individual, and which is recognized by\nsuch college or university, if such individual is a student; (n) by a\nfederal, state or municipal government or political subdivision thereof;\n(o) as a volunteer at a recreational or amusement event run by a\nbusiness that operates such events, provided that no single such event\nlasts longer than eight consecutive days and no more than one such event\nconcerning substantially the same subject matter occurs in any calendar\nyear, where (1) any such volunteer shall be at least eighteen years of\nage, (2) a business seeking coverage under this paragraph shall notify\nevery volunteer in writing, in language acceptable to the commissioner,\nthat by volunteering his or her services, such volunteer is waiving his\nor her right to receive the minimum wage pursuant to this article, and\n(3) such notice shall be signed and dated by a representative of the\nbusiness and the volunteer and kept on file by the business for\nthirty-six months; or (p) in the delivery of newspapers or shopping news\nto the consumer by a person who is not performing commercial goods\ntransportation services for a commercial goods transportation contractor\nwithin the meaning of article twenty-five-C of this chapter. The\nexclusions from the term "employee" contained in this subdivision shall\nbe as defined by regulations of the commissioner.\n "Employee" also includes any individual employed or permitted to work\nin any non-teaching capacity by a school district or board of\ncooperative educational services except that the provisions of sections\nsix hundred fifty-three through six hundred fifty-nine of this article\nshall not be applicable in any such case.\n 6. "Employer" includes any individual, partnership, association,\ncorporation, limited liability company, business trust, legal\nrepresentative, or any organized group of persons acting as employer.\n 7. "Wage" includes allowances, in the amount determined in accordance\nwith the provisions of this article, for gratuities and, when furnished\nby the employer to employees, for meals, lodging, apparel, and other\nsuch items, services and facilities.\n 8. "Non-profitmaking institution" means any corporation,\nunincorporated association, community chest, fund or foundation\norganized and operated exclusively for religious, charitable or\neducational purposes, no part of the net earnings of which inure to the\nbenefit of any private shareholder or individual.\n 9. "Food service worker" means any employee primarily engaged in the\nserving of food or beverages to guests, patrons or customers in the\nhotel or restaurant industries, including, but not limited to, wait\nstaff, bartenders, captains and bussing personnel; and who regularly\nreceive tips from such guests, patrons or customers.\n