§ 7-301 Definitions.
RCNY § 7-301
As used in this chapter and, where applicable, in the Transportation Benefits Law, the following terms have the following meanings: "Chain business" means a group of establishments that share a common owner or principal who owns a majority of each establishment where such establishments (i) engage in the same business or (ii) operate pursuant to franchise agreements with the same franchisor as defined in general business law section 681. "Commuter highway vehicle" means a "commuter highway vehicle" as such term is defined in § 132(f)(5)(B) of the Internal Revenue Code. "Cure period" means the ninety-day period immediately following a finding of a first violation. "Department" means the Department of Consumer Affairs of the City of New York. "Employee" means an "employee," "manual worker," "railroad worker," "commission salesman," or "clerical or other worker" as such terms are defined in § 190 of the New York State Labor Law. "Employee" does not include partners, sole proprietors, independent contractors, or two-percent shareholders of S-corporations. "Employer" means an "employer" as such term is defined in § 190 of the New York State Labor Law and that employs twenty or more full-time employees in New York City. The common owner or principal of a chain business shall be considered the employer of the full-time employees of such chain business. "First violation" means the first finding by the administrative tribunal that a particular employer has violated the Transportation Benefits Law since July 1, 2016. "Full-time employee" means an employee who has worked an average of 30 hours or more per week in the most recent four weeks as of any date of counting, any portion of which was in New York City, for a single employer. "Earnings" shall have the same meaning as the term "gross income" as used in § 132 of the Internal Revenue Code. "Month" means an employer's regularly established fiscal month. "Recidivist violation" means any new finding by the administrative tribunal that a particular employer has violated the Transportation Benefits Law, after the first finding by the administrative tribunal that the employer had violated the Transportation Benefits Law since July 1, 2016. "Subsequent violation" means each continuous thirty-day period after the expiration of the cure period, or after the finding of a recidivist violation by the administrative tribunal, in which the employer has not demonstrated to the department's satisfaction that it is complying with the Transportation Benefits Law. "Temporary help firm" means an employer that recruits, hires and supplies employees to perform work or services for another organization to: (i) support or supplement the other organization's workforce; (ii) provide assistance in special work situations including, but not limited to, employee absences, skill shortages or seasonal workloads; or (iii) perform special assignments or projects. "Transportation Benefits Law" means Chapter 9 of Title 20 of the Administrative Code of the City of New York. "Transportation fringe benefits" means qualified transportation fringe benefits, other than qualified parking, that may be purchased using pre-tax earnings in accordance with § 132 of the Internal Revenue Code. "Week" means an employer's regularly established payroll week. (Added City Record 11/18/2015, eff. 1/1/2016; amended City Record 8/8/2016, eff. 9/7/2016; amended City Record 8/21/2018, eff. 9/20/2018)
