21 CRR-NY 10.2NY-CRR
21 CRR-NY 10.2
21 CRR-NY 10.2
10.2 Persons not included as employees.
As used in this Part, the term employee shall not include a person who:
(a) offers himself for employment solely to perform such labor, or is employed for the sole purpose of performing such labor; or
(b) is selected or hired for employment for such labor at or in the vicinity of piers or other waterfront terminals; or
(c) is paid other than a weekly, daily or hourly wage, with appropriate deductions for Federal withholding and social security taxes for such labor; or
(d) shares in fees collected by his employer for such loading or unloading services; or
(e) is not recorded on the payrolls of the employer for whom he performs such labor in the same manner as other employees; or
(f) is not subject to the direct and immediate supervision of his employer in the performance of such labor; or
(g) uses or leases to his employer to perform such loading or unloading services, equipment (such as escalators, hi-los, fork trucks, cranes, etc.) owned by him, directly or indirectly, in whole or in part.
21 CRR-NY 10.2
Current through October 31, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.