§ 230. Definitions. As used in this article:\n 1. "Building service employee" or "employee" means any person\nperforming work in connection with the care or maintenance of an\nexisting building, or in connection with the transportation of office\nfurniture or equipment to or from such building, or in connection with\nthe transportation and delivery of fossil fuel to such building, for a\ncontractor under a contract with a public agency which is in excess of\none thousand five hundred dollars and the principal purpose of which is\nto furnish services through the use of building service employees.\n "Building service employee" or "employee" includes, but is not\nlimited, to, watchman, guard, doorman, building cleaner, porter,\nhandyman, janitor, gardener, groundskeeper, stationary fireman, elevator\noperator and starter, window cleaner, and occupations relating to the\ncollection of garbage or refuse, and to the transportation of office\nfurniture and equipment, and to the transportation and delivery of\nfossil fuel but does not include clerical, sales, professional,\ntechnician and related occupations.\n "Building service employee" or "employee" also does not include any\nemployee to whom the provisions of articles eight and eight-a of this\nchapter are applicable.\n 2. "Building service work" or "service work" means work performed by a\nbuilding service employee, but does not include work performed for a\ncontractor under a contract for the furnishing of services by radio,\ntelephone, telegraph or cable companies; and any contract for public\nutility services, including electric light and power, water, steam and\ngas.\n 3. "Public agency" means the state, any of its political subdivisions,\na public benefit corporation, a public authority or commission or\nspecial purpose district board appointed pursuant to law, and a board of\neducation.\n 4. "Contractor" means any employer who employs employees to perform\nbuilding service work under a contract with a public agency and shall\ninclude any of the contractor's subcontractors.\n 5. "Wage" includes: (a) basic hourly cash rate of pay; and (b)\nsupplements. The term "supplements" means fringe benefits including\nmedical or hospital care, pensions on retirement or death, compensation\nfor injuries or illness resulting from occupational activity, or\ninsurance to provide any of the foregoing, unemployment benefits, life\ninsurance, disability and sickness insurance, accident insurance,\nvacation and holiday pay, costs of apprenticeship or other similar\nprograms and other bona fide fringe benefits not otherwise required by\nfederal, state or local law to be provided by the contractor or\nsubcontractor.\n 6. "Prevailing wage" means the wage determined by the fiscal officer\nto be prevailing for the various classes of building service employees\nin the locality. In no event shall the basic hourly cash rate of pay be\nless than the statutory minimum wage established by article nineteen of\nthis chapter, or, in a city with a local law requiring a higher minimum\nwage on city contract work, less than the minimum wage specified in such\nlocal law.\n 7. "Locality" means the state, a town, city, village or other civil\ndivision or area of the state as determined by the fiscal officer. The\nfiscal officer may fix a different geographic area in determining the\nlocality for the prevailing basic hourly cash rate of pay and the\nlocality for prevailing supplements.\n 8. "Fiscal officer" means the industrial commissioner, except for\nbuilding service work performed by or on behalf of a city, in which case\n"fiscal officer" means the comptroller or other analogous officer of\nsuch city.\n 9. "Fossil fuel" shall mean coal, petroleum products and fuel gases.\n"Coal" shall include bituminous coal, anthracite coal and lignite. "Fuel\ngases" shall include but not be limited to methane, natural gas,\nliquefied natural gas and manufactured fuel gases. "Petroleum products"\nshall include all p
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.