§ 334. Definitions. For the purposes of this article:

1. "Commissioner" shall mean the commissioner of agriculture and
markets.

2. "Department" shall mean the department of agriculture and markets.

3. "Eligible farm employee" shall mean an individual who meets the
definition of a "farm laborer" under section two of the labor law who is
employed in New York state by (a) a farm employer or (b) a qualified
professional employer organization.

4. "Eligible overtime" shall mean the aggregate number of hours of
work performed during the calendar year by an eligible farm employee
that in any calendar week exceeds the overtime work threshold set by the
commissioner of labor pursuant to the recommendation of the farm
laborers wage board, provided that work performed in such calendar week
in excess of sixty hours shall not be included.

5. "Farm employer" shall mean a corporation (including a New York S
corporation), a sole proprietorship, a limited liability company or a
partnership whose principal business is farming activity.

6. "Farming activity" shall include, but not be limited to, the
cultivation of crops, operation, or management of a farm for gain or
profit, including the operation or management of livestock, dairy,
poultry, aquaculture, fruit, fur-bearing animal, field crop,
horticultural specialty, and vegetable farms.

7. "Overtime expense" shall mean the product of (a) the eligible
overtime hours worked during the calendar year by the eligible farm
employee and (b) the overtime rate paid to the eligible farm employee
less such eligible farm employee's regular rate of pay.

8. "Qualified farm employer" shall mean a farm employer that:

(a) primarily engaged in farming activity during the calendar year;

(b) utilized eligible farm employees in its farming activity during
the calendar year; and

(c) directly, or indirectly through a qualified professional employer
organization, paid eligible overtime to eligible farm employees during
the calendar year.

9. "Qualified professional employer organization" shall mean an entity
who provides remuneration to or otherwise employs eligible farm
employees on behalf of a farm employer.