N.Y. Comp. Codes R. & Regs. tit. 21 § 10.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10.2