32.0303 Definitions.

Print This

As used in this chapter, the following definitions apply:

(a) “Agriculture” means a culture as defined in 29 U.S.C. § 203 (f), or as the same may be amended from time to time.

(b) “Board” means the Wage and Hour Board.

(c) “Employ” includes to permit or suffer to work.

(d) “Employee” includes any individual employed by an employer, but shall not include any individual employed:

(1) in agriculture for any workweek in which the employer of the individual employs fewer than 5 persons;

(2) in domestic employment in or about a private home;

(3) by his brother, sister, brother-in-law, sister-in-law, son, daughter, spouse, parent or parent-in-law;

(4) by a nonprofit school during the time such individual is a student attending such school;

(5) as a newspaper boy in the delivery of newspapers to the consumer: or

(6) in any capacity if by reason of his employment in such capacity and during the terms thereof, the minimum wage which may be paid such employee or the maximum hours which such employee may work during any workweek without the payment of overtime is prescribed by the Federal Fair Labor Standards Act of 1938, or as the same may be amended from time to time:

(7) as a salaried employee of the government under a written contract at an annual salary of $5,000 or more:

(8) as a supervisory, professional or technical employee of the government at an hourly wage of $2 or more.

(e) “Employer” includes any individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons acting directly or indirectly in the interest of an employer in relation to an employee, and it includes the government, but does not include the United States Government.

(f) “Industry” means a trade, business, industry or branch thereof, or group of industries. in which individuals are employed.

(g) “Wage” means legal tender of the United States, or checks on banks convertible into cash on demand at full face value thereof, and in addition thereto, the reasonable cost, as determined by the Board, to the employer of furnishing an employee with board, lodging or other facilities if such board, lodging, or other facilities are customarily furnished by such employer to his employees, but does not include tips or gratuities of any kind.

(h) “Week” means any period of 7 consecutive days.

History: 1965, PL 9-23.