As used in this chapter, except as otherwise specifically provided, 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 by the definition of "employee" set forth in 29 U.S.C. § 203(e) 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). Notwithstanding any other provision of this section, the term "employer" 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 any entity governed by section 92 of the general municipal law or section 207 of the county law.
Fast food employee. The term "fast food employee" means any person employed or permitted to work at or for a fast food establishment by any employer that is located within the city where such person's 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. The term "fast food employee" does not include any employee who is salaried.
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.
On-call shift. The term "on-call shift" means any time period other than an employee's regular shift when the employer requires the employee to be available to work, regardless of whether the employee actually works and regardless of whether the employer requires the employee to report to a work location.
Regular shift. The term "regular shift" means a span of consecutive hours starting when an employer requires an employee to report to a work location and ending when such employee is free to leave a work location. Breaks totaling two hours or less are not an interruption of consecutive hours, provided that such breaks do not include time when the employee's work location is closed. "Regular shift" does not include the hours worked by an employee who is called into work while on an on-call shift.
Retail employer. The term "retail employer" means any employer that employs a retail employee at a retail business. The term "retail business" means any entity with 20 or more employees that is engaged primarily in the sale of consumer goods at one or more stores within the city. For the purposes of this definition, "consumer goods" means products that are primarily for personal, household, or family purposes, including but not limited to appliances, clothing, electronics, groceries, and household items. In determining the number of employees performing work for a retail business for compensation, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation per week during the preceding calendar year, and provided further that in determining the number of employees performing work for an employer that is a chain business, the total number of employees in that group of establishments shall be counted.
Retail employee. The term "retail employee" means any employee who is employed by a retail employer.
Schedule change premium. The term "schedule change premium" means money that an employer pays to an employee as compensation for changes the employer makes to the employee's work schedule, including: canceling, shortening or moving to another date and time shifts, including on-call shifts; adding additional hours to shifts already scheduled; adding previously unscheduled shifts to the work schedule; and not requiring employees to report to work during on-call shifts. Such payment is not wages earned for work performed by that employee but rather is in addition to wages.
Underground facilities. The term "underground facilities" means pipelines, conduits, ducts, cables, wires, manholes, vaults or other such facilities or their attachments, that have been installed underground to provide services or materials, including electricity, gas, water, steam liquid petroleum products, telephone communications, cable television, sewage removal or traffic control systems.
Utility safety employee. The term "utility safety employee" means any person who is employed by a utility safety employer to locate and mark underground facilities or inspect gas pipe fusions and joints.
Utility safety employer. The term "utility safety employer" means any person or entity that employs individuals to locate and mark underground facilities or inspect gas pipe fusions and joints. The term "utility safety employer" 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 any entity governed by section 92 of the general municipal law or section 207 of the county law.
Work schedule. The term "work schedule" means the regular shifts and on-call shifts that an employer assigns to an employee and includes the dates, times and locations where an employer requires an employee to work.
(L.L. 2017/107, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2021/077, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080 and L.L. 2021/077.