671 - Definitions.

§ 671. Definitions. As used in this article: 1. "Farm" includes stock,  dairy,  poultry,  furbearing animal, fruit and truck farms, plantations,  orchards, nurseries, greenhouses,  or  other  similar  structures,  used  primarily for the raising of agricultural or horticultural commodities.    2. "Employee" includes any individual employed or permitted to work by  an employer on a farm but shall not include: (a) domestic service in the  home  of  the employer; (b) the parent, spouse, child or other member of  the employer's immediate family; (c) a minor under  seventeen  years  of  age  employed as a hand harvest worker on the same farm as his parent or  guardian and who is paid on a piece-rate basis at the same piece rate as  employees seventeen years of age or over; (d) an individual employed  or  permitted  to  work  for  a federal, state, or a municipal government or  political  subdivision  thereof;  or  (e)  an  individual  to  whom  the  provisions of article nineteen of this chapter are applicable.    3.  "Employer"  includes  any  individual,  partnership,  association,  corporation, cooperative, business trust, legal representative,  or  any  organized  group  of  persons  acting  as  an  employer of an individual  employed or permitted to work on a farm.  If  a  farm  labor  contractor  recruits  or supplies farm workers for work on a farm, such farm workers  shall, for the purposes of this article, be deemed to  be  employees  of  the owner, lessee or operator of such farm.    4.  "Farm  labor  contractor"  includes: a. Any person who, for a fee,  recruits, transports, supplies, or hires farm or food processing workers  to work for, or under the direction, supervision, or control of, a third  person; or    b. Any person who recruits, transports, supplies,  or  hires  farm  or  food  processing  workers  and  who,  for  a fee, directs, supervises or  controls all or any part of the work of such workers. "Fee" includes any  money or other valuable consideration paid or promised to be paid  to  a  farm  labor  contractor  for  the  performance  of  any  of the services  enumerated in this definition. The term "farm  labor  contractor"  shall  not  include  an  employment  agency  licensed  in  accordance  with the  provisions of article eleven of the general business law.    5. "Wage" includes allowances in the amount determined  in  accordance  with the provisions of this article for meals, lodging, and other items,  service and facilities when furnished by the employer to his employees.    6.  "Hours  worked"  means the time that a farm worker is permitted to  work in the fields or at his assigned place of work, and  shall  include  time  spent  on  a single farm in going from one field to another, or in  waiting  for  baskets,  pick-up,  or  for  similar  purposes;  provided,  however, that time not worked because of weather conditions shall not be  considered as hours worked.    7.  "Work  agreement"  means  a  job  service recruitment or placement  order;  a  farm  labor  contract  or  migrant  labor  registration;   an  agricultural  employment  contract  executed  by  the  employer  or  its  representative  with  the  Commonwealth  of  Puerto  Rico  or  with  the  representatives  of  a  foreign  government;  an  agreement  voluntarily  entered  into  by  the  employer  and  the  worker;  or  any  comparable  agreement.