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This entry was published on 2024-03-15
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§ 190. Definitions. As used in this article:

1. "Wages" means the earnings of an employee for labor or services
rendered, regardless of whether the amount of earnings is determined on
a time, piece, commission or other basis. The term "wages" also includes
benefits or wage supplements as defined in section one hundred
ninety-eight-c of this article, except for the purposes of sections one
hundred ninety-one and one hundred ninety-two of this article.

2. "Employee" means any person employed for hire by an employer in any

3. "Employer" includes any person, corporation, limited liability
company, or association employing any individual in any occupation,
industry, trade, business or service. The term "employer" shall not
include a governmental agency.

4. "Manual worker" means a mechanic, workingman or laborer.

5. "Railroad worker" means any person employed by an employer who
operates a steam, electric or diesel surface railroad or is engaged in
the sleeping car business. The term "railroad worker" shall not include
a person employed in an executive capacity.

6. "Commission salesman" means any employee whose principal activity
is the selling of any goods, wares, merchandise, services, real estate,
securities, insurance or any article or thing and whose earnings are
based in whole or in part on commissions. The term "commission salesman"
does not include an employee whose principal activity is of a
supervisory, managerial, executive or administrative nature.

7. "Clerical and other worker" includes all employees not included in
subdivisions four, five and six of this section, except any person
employed in a bona fide executive, administrative or professional
capacity whose earnings are in excess of one thousand three hundred
dollars a week.

8. "Week" means a calendar week or a regularly established payroll
week. "Month" means a calendar month or a regularly established fiscal

9. "Non-profitmaking organization" means a corporation, unincorporated
association, community chest, fund or foundation organized and operated
exclusively for religious, charitable or educational purposes, no part
of the net earnings of which inure to the benefit of any private
shareholder or individual.