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This entry was published on 2020-04-17
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SECTION 671
Definitions
Labor (LAB) CHAPTER 31, ARTICLE 19-A
§ 671. Definitions. As used in this article: 1. "Farm" includes stock,
dairy, poultry, furbearing animal, fruit and truck farms, plantations,
orchards, nurseries, greenhouses, or other similar structures, used
primarily for the raising of agricultural or horticultural commodities.

2. "Employee" includes any individual employed or permitted to work by
an employer on a farm but shall not include: (a) domestic service in the
home of the employer; (b) the parent, spouse, child or other member of
the employer's immediate family; (c) a minor under seventeen years of
age employed as a hand harvest worker on the same farm as his parent or
guardian and who is paid on a piece-rate basis at the same piece rate as
employees seventeen years of age or over; or (d) an individual employed
or permitted to work for a federal, state, or a municipal government or
political subdivision thereof.

3. "Employer" includes any individual, partnership, association,
corporation, cooperative, business trust, legal representative, or any
organized group of persons acting as an employer of an individual
employed or permitted to work on a farm. If a farm labor contractor
recruits or supplies farm workers for work on a farm, such farm workers
shall, for the purposes of this article, be deemed to be employees of
the owner, lessee or operator of such farm.

4. "Farm labor contractor" includes: a. Any person who, for a fee,
recruits, transports, supplies, or hires farm or food processing workers
to work for, or under the direction, supervision, or control of, a third
person; or

b. Any person who recruits, transports, supplies, or hires farm or
food processing workers and who, for a fee, directs, supervises or
controls all or any part of the work of such workers. "Fee" includes any
money or other valuable consideration paid or promised to be paid to a
farm labor contractor for the performance of any of the services
enumerated in this definition. The term "farm labor contractor" shall
not include an employment agency licensed in accordance with the
provisions of article eleven of the general business law.

5. "Wage" includes allowances in the amount determined in accordance
with the provisions of this article for meals, lodging, and other items,
service and facilities when furnished by the employer to his employees.

6. "Hours worked" means the time that a farm worker is permitted to
work in the fields or at his assigned place of work, and shall include
time spent on a single farm in going from one field to another, or in
waiting for baskets, pick-up, or for similar purposes; provided,
however, that time not worked because of weather conditions shall not be
considered as hours worked.

7. "Work agreement" means a job service recruitment or placement
order; a farm labor contract or migrant labor registration; an
agricultural employment contract executed by the employer or its
representative with the Commonwealth of Puerto Rico or with the
representatives of a foreign government; an agreement voluntarily
entered into by the employer and the worker; or any comparable
agreement.