New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter I - Waterfront Commission Of New York Harbor
Part 10 - Public Loading
Section 10.2 - Persons not included as employees
Current through Register Vol. 46, No. 39, September 25, 2024
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.
