For purposes of this chapter, the following terms have the following meanings:
Chain. The term "chain" means a set of establishments that share a common brand or that are characterized by standardized options for decor, marketing, packaging, products and services.
Commissioner. The term "commissioner" means the commissioner of consumer and worker protection.
Department. The term "department" means the department of consumer and worker protection.
Employee. The term "employee" means any person covered by the definition of "employee" set forth in subdivision 5 of section 651 of the labor law or any person covered by the definition of "employee" set forth in 29 U.S.C. § 203(e), any person covered by the definition of an "employee" set forth in subsection (3) of 29 U.S.C. § 152, any person covered by the definition of "public employee" in subdivision 7 of section 201 of the civil service law, or any person covered by the definition of "employees" in subdivision 3 of section 701 of the labor law and who is employed within the city and who performs work on a full-time or part-time basis, including work performed in a transitional jobs program pursuant to section 336-f of the social services law, but not including work performed as a participant in a work experience program pursuant to section 336-c of the social services law. Notwithstanding any other provision of this section, the term "employee" does not include any person who is employed by (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city or any local government, municipality or county or any entity governed by section 92 of the general municipal law or section 207 of the county law.
Employer. The term "employer" means any person or entity covered by the definition of "employer" set forth in subdivision 6 of section 651 of the labor law or any person or entity covered by the definition of "employer" set forth in in 29 U.S.C. § 203(d), any person or entity covered by the definition of "employer" set forth in subsection (2) of 29 U.S.C. § 152, any person or entity covered by the definition of a "public employer" in subdivision 6 of section 201 of the civil service law, or any person or entity covered by the definition of "employer" in subdivision 2 of section 701 of the labor law. Notwithstanding any other provision of this section, the term does not include (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city or any local government, municipality or county or agency or other body thereof.
Fast food employee. The term "fast food employee" means any employee employed or permitted to work at or for a fast food establishment that is located within the city, by any employer, where such job duties include at least one of the following: customer service, cooking, food or drink preparation, delivery, security, stocking supplies or equipment, cleaning or routine maintenance.
Fast food employer. The term "fast food employer" means any employer that employs a fast food employee at a fast food establishment.
Fast food establishment. The term "fast food establishment" means any establishment (i) that has as its primary purpose serving food or drink items; (ii) where patrons order or select items and pay before eating and such items may be consumed on the premises, taken out or delivered to the customer's location; (iii) that offers limited service; (iv) that is part of a chain; and (v) that is one of 30 or more establishments nationally, including (A) an integrated enterprise that owns or operates 30 or more such establishments in the aggregate nationally or (B) an establishment operated pursuant to a franchise where the franchisor and the franchisees of such franchisor own or operate 30 or more such establishments in the aggregate nationally. The term "fast food establishment" includes such establishments located within non-fast food establishments.
Franchise. The term "franchise" has the same definition as set forth in section 681 of the general business law.
Franchisee. The term "franchisee" means a person or entity to whom a franchise is granted.
Franchisor. The term "franchisor" means a person or entity who grants a franchise to another person or entity.
Integrated enterprise. The term "integrated enterprise" means two or more entities sufficiently integrated so as to be considered a single employer as determined by application of the following factors: (i) degree of interrelation between the operations of multiple entities; (ii) degree to which the entities share common management; (iii) centralized control of labor relations; and (iv) degree of common ownership or financial control.
Not-for-profit. The term "not-for-profit" means an entity that is organized under the not-for-profit corporation law or the law governing incorporation of not-for-profit organizations in the jurisdiction of its incorporation.
(L.L. 2017/098, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/098 and L.L. 2020/080.