N.Y. Labor Law § 651 (2026)

§ 651. Definitions. As used in this article:
  1. "Commissioner" means the industrial commissioner.
  2. "Department" means the labor department.
  3. "Board" or "wage board" means a board created as provided in this
article.
  4. "Occupation" means an industry, trade, business or class of work in
which employees are gainfully employed.
  5. "Employee" includes any individual employed or permitted to work by
an employer in any occupation, but shall not include any individual who
is employed or permitted to work: (a) on a casual basis in service as a
part time baby sitter in the home of the employer; (b) in a bona fide
executive, administrative, or professional capacity; (c) as an outside
salesman; (d) as a driver engaged in operating a taxicab; (e) as a
volunteer, learner or apprentice by 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 inures to the benefit of any private
shareholder or individual; (f) as a member of a religious order, or as a
duly ordained, commissioned or licensed minister, priest or rabbi, or as
a sexton, or as a christian science reader; (g) in or for such a
religious or charitable institution, which work is incidental to or in
return for charitable aid conferred upon such individual and not under
any express contract of hire; (h) in or for such a religious,
educational or charitable institution if such individual is a student;
(i) in or for such a religious, educational or charitable institution if
the earning capacity of such individual is impaired by age or by
physical or mental deficiency or injury; (j) in or for a summer camp or
conference of such a religious, educational or charitable institution
for not more than three months annually; (k) as a staff counselor in a
children's camp; (l) in or for a college or university fraternity,
sorority, student association or faculty association, no part of the net
earnings of which inures to the benefit of any private shareholder or
individual, and which is recognized by such college or university, if
such individual is a student; (m) by a federal, state or municipal
government or political subdivision thereof; (n) as a volunteer at a
recreational or amusement event run by a business that operates such
events, provided that no single such event lasts longer than eight
consecutive days and no more than one such event concerning
substantially the same subject matter occurs in any calendar year, where
(1) any such volunteer shall be at least eighteen years of age, (2) a
business seeking coverage under this paragraph shall notify every
volunteer in writing, in language acceptable to the commissioner, that
by volunteering his or her services, such volunteer is waiving his or
her right to receive the minimum wage pursuant to this article, and (3)
such notice shall be signed and dated by a representative of the
business and the volunteer and kept on file by the business for
thirty-six months; (o) in the delivery of newspapers or shopping news to
the consumer by a person who is not performing commercial goods
transportation services for a commercial goods transportation contractor
within the meaning of article twenty-five-C of this chapter; or (p)
having entered into a contract to play baseball at the minor league
level and who is compensated pursuant to the terms of a collective
bargaining agreement that expressly provides for the wages, hours of
work, and working conditions of employees. The exclusions from the term
"employee" contained in this subdivision shall be as defined by
regulations of the commissioner.
  "Employee" also includes any individual employed or permitted to work
in any non-teaching capacity by a school district or board of
cooperative educational services except that the provisions of sections
six hundred fifty-three through six hundred fifty-nine of this article
shall not be applicable in any such case.
  6. "Employer" includes any individual, partnership, association,
corporation, limited liability company, business trust, legal
representative, or any organized group of persons acting as employer.
  7. "Wage" includes allowances, in the amount determined in accordance
with the provisions of this article, for gratuities and, when furnished
by the employer to employees, for meals, lodging, apparel, and other
such items, services and facilities.
  8. "Non-profitmaking institution" means any 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.
  9. "Food service worker" means any employee primarily engaged in the
serving of food or beverages to guests, patrons or customers in the
hotel or restaurant industries, including, but not limited to, wait
staff, bartenders, captains and bussing personnel; and who regularly
receive tips from such guests, patrons or customers.