Section 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) in service as a part time baby
  sitter in the home of the employer; or someone who lives in the home  of
  an  employer  for  the  purpose  of  serving  as  a companion to a sick,
  convalescing or elderly  person,  and  whose  principal  duties  do  not
  include  housekeeping;  (b)  in  labor  on  a  farm;  (c) in a bona fide
  executive, administrative, or professional capacity; (d) as  an  outside
  salesman;  (e)  as  a  driver  engaged  in operating a taxicab; (f) 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; (g) 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;  (h)  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;  (i)  in  or  for  such  a  religious,
  educational or charitable institution if such individual is  a  student;
  (j) 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; (k) in or for a summer camp  or
  conference  of  such  a religious, educational or charitable institution
  for not more than three months annually; (l) as a staff counselor  in  a
  children's  camp;  (m)  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; (n)  by  a  federal,  state  or  municipal
  government  or  political  subdivision  thereof. The exclusions from the
  term "employee" contained in this subdivision shall  be  as  defined  by
  regulations of the commissioner; or (o) 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. Any such volunteer shall be at least
  eighteen  years of age. 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. 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.
    "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.