[Previous] [Next]
§40-197.4.
§40-197.4.
As used in this act:
(a) "Commissioner" means the Commissioner of Labor;
(b) "Wage" means compensation due to an employee by reason of his
employment, payable in legal tender of the United States or checks on
banks convertible into cash on demand at full face value, subject to
such deductions, charges or allowances as may be permitted by law;
(c) "Employ" includes to suffer or to permit to work;
(d) "Employer" means any individual, partnership, association,
corporation, business trust, or any person or group of persons, hiring
more than ten full-time employees or equivalent at any one location or
place of business; provided, however, if an employer has less than ten
full-time employees or equivalent at any one location or place of
business but does a gross business of more than One Hundred Thousand
Dollars ($100,000.00) annually, said employer shall not be exempt
under the provisions of this act.
This act shall not apply to employers subject to the Fair Labor
Standards Act of 1938, as amended, and who are paying the minimum wage
under the provisions of said act, nor to employers whose employees are
exempt under paragraph (e) of this section.
(e) "Employee" includes any individual employed by an employer but
shall not include:
(1) An individual employed on a farm, in the employ of any person, in
connection with the cultivation of the soil, or in connection with
raising or harvesting any agricultural commodity, including raising,
shearing, feeding, caring for, training, and management of livestock,
bees, poultry, and furbearing animals and wildlife, or in the employ
of the owner or tenant or other operator of a farm in connection with
the operation, management, conservation, improvement or maintenance of
such farm and its tools and equipment;
(2) Any individual employed in domestic service in or about a private
home;
(3) Any individual employed by the United States government;
(4) Any individual working as a volunteer in a charitable, religious
or other nonprofit organization;
(5) Any newspaper vendor or carrier;
(6) Any employee of any carrier subject to regulation by Part I of the
Interstate Commerce Act;
(7) Any employee of any employer who is subject to the provisions of
any Federal Fair Labor Standards Act or to any Federal Wage and Hour
Law now in effect or enacted hereafter; and who is paying the minimum
wage under the provisions of this act;
(8) Any employee employed in a bona fide executive, administrative or
professional capacity, or in the capacity of outside salesman;
(9) Any person employed as part-time employee not on permanent status.
A part-time employee is defined as an employee who is employed less
than twenty-five (25) hours a week;
(10) Any person who is less than eighteen (18) years of age and is not
a high school graduate or a graduate of a vocational training program,
and any person who is less than twenty-two (22) years of age and who
is a student regularly enrolled in a high school, college, university
or vocational training program;
(11) Any individual employed in a feedstore operated primarily for the
benefit and use of farmers and ranchers; or
(12) Any individual working as a reserve force deputy sheriff.
[Previous] [Next]