New York § 334 - 334Definitions

§ 334. 334Definitions

§ 334. Definitions. For the purposes of this article: 1. "Commissioner" shall mean the commissioner of agriculture and markets. 2. "Department" shall mean the department of agriculture and markets. 3. "Eligible farm employee" shall mean an individual who meets the definition of a "farm laborer" under section two of the labor law who is employed in New York state by (a) a farm employer or (b) a qualified professional employer organization. 4. "Eligible overtime" shall mean the aggregate number of hours of work performed during the calendar year by an eligible farm employee that in any calendar week exceeds the overtime work threshold set by the commissioner of labor pursuant to the recommendation of the farm laborers wage board, provided that work performed in such calendar week in excess of sixty hours shall not be included. 5. "Farm employer" shall mean a corporation (including a New York S corporation), a sole proprietorship, a limited liability company or a partnership whose principal business is farming activity. 6. "Farming activity" shall include, but not be limited to, the cultivation of crops, operation, or management of a farm for gain or profit, including the operation or management of livestock, dairy, poultry, aquaculture, fruit, fur-bearing animal, field crop, horticultural specialty, and vegetable farms. 7. "Overtime expense" shall mean the product of (a) the eligible overtime hours worked during the calendar year by the eligible farm employee and (b) the overtime rate paid to the eligible farm employee less such eligible farm employee's regular rate of pay. 8. "Qualified farm employer" shall mean a farm employer that: (a) primarily engaged in farming activity during the calendar year; (b) utilized eligible farm employees in its farming activity during the calendar year; and (c) directly, or indirectly through a qualified professional employer organization, paid eligible overtime to eligible farm employees during the calendar year. 9. "Qualified professional employer organization" shall mean an entity who provides remuneration to or otherwise employs eligible farm employees on behalf of a farm employer.