21 CRR-NY 10.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 21. MISCELLANEOUS
CHAPTER I. WATERFRONT COMMISSION OF NEW YORK HARBOR
PART 10. PUBLIC LOADING
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 15, 2021
End of Document