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This entry was published on 2020-04-17
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§ 701. Definitions. When used in this article:

1. The term "person" includes one or more individuals, partnerships,
associations, corporations, legal representatives, trustees, trustees in
bankruptcy, or receivers.

2. (a) The term "employer" includes any person acting on behalf of or
in the interest of an employer, directly or indirectly, with or without
his knowledge, and shall include any person who is the purchaser of
services performed by a person described in paragraph (b) of subdivision
three of this section, but a labor organization or any officer or agent
thereof shall only be considered an employer with respect to individuals
employed by such organization.

(b) The term "employer" includes agricultural employers. The term
"agricultural employer" shall mean any employer engaged in cultivating
the soil or in raising or harvesting any agricultural or horticultural
commodity including custom harvesting operators, and employers engaged
in the business of crops, livestock and livestock products as defined in
section three hundred one of the agriculture and markets law, or other
similar agricultural enterprises.

3. (a) The term "employees" includes but is not restricted to any
individual employed by a labor organization; any individual whose
employment has ceased as a consequence of, or in connection with, any
current labor dispute or because of any unfair labor practice, and who
has not obtained any other regular and substantially equivalent
employment; and shall not be limited to the employees of a particular
employer, unless the article explicitly states otherwise, but shall not
include any individual employed by his parent or spouse or in the
domestic service of and directly employed, controlled and paid by any
person in his home, any individual whose primary responsibility is the
care of a minor child or children and/or someone who lives in the home
of a person for the purpose of serving as a companion to a sick,
convalescing or elderly person or any individuals employed only for the
duration of a labor dispute, or any individual who participates in and
receives rehabilitative or therapeutic services in a charitable
non-profit rehabilitation facility or sheltered workshop or any
individual employed in a charitable non-profit rehabilitation facility
or sheltered workshop who has received rehabilitative or therapeutic
services and whose capacity to perform the work for which he is engaged
is substantially impaired by physical or mental deficiency or injury.

(b) The term "employee" shall also include a professional musician or
a person otherwise engaged in the performing arts who performs services
as such. "Engaged in the performing arts" shall mean performing services
in connection with production of or performance in any artistic endeavor
which requires artistic or technical skill or expertise.

(c) The term "employee" shall also include farm laborers. "Farm
laborers" shall mean any individual engaged or permitted by an employer
to work on a farm. Members of an agricultural employer's immediate
family who are related to the third degree of consanguinity or affinity
shall not be considered to be employed on a farm if they work on a farm
out of familial obligations and are not paid wages, or other
compensation based on their hours or days of work.

4. The term "representatives" includes a labor organization or an
individual whether or not employed by the employer of those whom he

5. The term "labor organization" means any organization which exists
and is constituted for the purpose, in whole or in part, of collective
bargaining, or of dealing with employers concerning grievances, terms or
conditions of employment, or of other mutual aid or protection and which
is not a company union as defined herein.

6. The term "company union" means any committee, employee
representation plan or association of employees which exists for the
purpose, in whole or in part, of dealing with employers concerning
grievances or terms and conditions of employment, which the employer has
initiated or created or whose initiation or creation he has suggested,
participated in or in the formulation of whose governing rules or
policies or the conducting of whose management, operations or elections
the employer participates in or supervises or which the employer
maintains, finances, controls, dominates, or assists in maintaining or
financing, whether by compensating anyone for services performed in its
behalf or by donating free services, equipment, materials, office or
meeting space or anything else of value, or by any other means.

7. The term "unfair labor practice" means only those unfair labor
practices listed in section seven hundred four.

8. The term "labor dispute" includes, but is not restricted to, any
controversy between employers and employees or their representatives as
defined in this section concerning terms, tenure or conditions of
employment or concerning the association or representation of persons in
negotiating, fixing, maintaining, changing, or seeking to negotiate,
fix, maintain or change terms or conditions of employment, or concerning
the violation of any of the rights granted or affirmed by this article,
regardless of whether the disputants stand in the proximate relation of
employer and employee.

9. The term "board" means the public employment relations board
created by section two hundred five of the civil service law, in
carrying out its functions under this article.

10. The term "policies of this article" means the policies set forth
in section seven hundred.

11. The term "non-profitmaking hospital or residential care center"
means an organized residential facility for the medical diagnosis,
treatment and care of illness, disease, injury, infirmity or deformity,
or a residential facility providing nursing care or care of the aged or
dependent children, or a facility for the prevention of cruelty to
children or animals, which is located anywhere in the state and which is
maintained and operated by an association or corporation, no part of the
net earnings of which inures to the benefit of any private shareholder
or individual.

12. The term "employee of a non-profitmaking hospital or residential
care center" means any person employed or permitted to work by or at a
non-profitmaking hospital or residential care center but shall not
include any person employed or permitted to work: (a) in or for such a
non-profitmaking hospital or residential care center, which work is
incidental to or in return for charitable aid conferred upon such
individual and not under any express contract of hire; or (b) as a