§ 20-565 Definitions.
AC § 20-565
As used in this subchapter, the following terms have the following meanings: Airport hotel. The term “airport hotel” means a hotel within one mile of either LaGuardia airport or John F. Kennedy international airport. Continuous coverage. The term “continuous coverage” means 24 hours a day on any day that the hotel is occupied by a guest. Core employee. The term “core employee” means any employee whose job classification is related to housekeeping, front desk, or front service at a hotel. Such classifications include, but are not limited to, room attendants, house persons, and bell or door staff. Such classifications shall not include: laundry and valet employees; concierge, reservation agents and telephone operators; engineering and maintenance employees; specialty cleaning employees, including marble polishers, crystal lighting cleaners, aquarium cleaners, night cleaners and exterior window washing; parking employees; security employees; life guards; spa, gym and health club employees; minibar employees; audio-visual employees; and cooks, stewards, bartenders, servers, bussers, barbacks, room service attendants or other employees who primarily work in the food or beverage service operations of the hotel regardless of whether such employees are directly employed by the hotel operator or by another person. Directly employ. The term “directly employ” or “direct employment” means a relationship between an employer and an employee in which there is no intermediary in such relationship. Employee. The term "employee" means any person covered by the definition of "employee" set forth in subdivision 5 of section 651 of the labor law or by the definition of "employee" set forth in subsection (e) of section 203 of title 29 of the United States code and who is employed within the city. Notwithstanding any other provision of this section, the term "employee" does not include any person who is employed by (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state, including the legislature and the judiciary; or (iii) the city or any local government, municipality or county or any entity governed by section 92 of the general municipal law or section 207 of the county law. Employer. The term "employer" means any person or entity covered by the definition of "employer" set forth in subdivision 6 of section 651 of the labor law or any person or entity covered by the definition of "employer" set forth in in subsection (d) of section 203 of title 29 of the United States code. Notwithstanding any other provision of this section, the term "employer" does not include (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city or any local government, municipality or county or any entity governed by section 92 of the general municipal law or section 207 of the county law. Front desk. The term “front desk” means on-site staff in a hotel that are available to assist guests who may check-in or reserve a guest room. Guest room. The term “guest room” means a room, including an interconnected room or a suite, made available or used by a hotel for transient occupancy by guests, but does not include a room not available or used for transient occupancy, including but not limited to, a single room occupancy unit and a residential unit. Hotel. The term “hotel” means a building, as defined in section 12-10 of the New York city zoning resolution, or part of such building, which is legally authorized to have guests occupy guest rooms. Hotel operator. The term “hotel operator” or “operator” means any person who owns, leases, or manages a hotel and is in control of the day-to-day operations of such hotel, including employment of natural persons who work at such hotel, by virtue of their ownership, management agreement, lease, or other legal construct. Hotel owner. The term “hotel owner” or “owner” means the owner or owners of the hotel. Human trafficking. The term “human trafficking” shall mean an act or threat of an act that may constitute sex trafficking, as defined in section 230.34 of the penal law, child sex trafficking, as defined in section 230.34-a of the penal law, accomplice to sex trafficking, as defined in section 230.36 of the penal law, or labor trafficking, as defined in sections 135.35, 135.36, and 135.37 of the penal law. Large hotel. The term “large hotel” means a hotel with more than 400 guest rooms. Occupied guest room. The term “occupied guest room” means that a guest room has been reserved by a guest. Overnight. The term “overnight” means the work shift containing the hours between 12:00 am and 2:00 am. Panic button. The term “panic button” means a help or distress signaling system a natural person may activate in order to alert a security guard, or other appropriate on-site natural person who is available to provide immediate on-scene assistance that such person is in danger, and which provides such security guard, or other appropriate on-site natural person the location of such person. Person. The term “person” shall have the same meaning as the term “person” in section 1-112, except that such term shall not include the city of New York, the state of New York, and the federal government or any other governmental entity, or any individual or entity that has an agreement with any such governmental entity to manage real property on behalf of such governmental entity. Security guard. The term “security guard” means a natural person who is registered to work as a security guard under article 7-a of the general business law. Small hotel. The term “small hotel” means a hotel with less than 100 guest rooms. Transient. The term “transient” means use for less than 30 days. (L.L. 2024/104, 11/4/2024, eff. 5/3/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
