Terms Used In New York Laws > Labor > Article 21-A - Warehouse Worker Protection Act

• Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See N.Y. Uniform Commercial Code 2-106
• Defined time period: means any unit of time measurement equal to or less than the duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof. See N.Y. Labor Law 780
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Employee: means an employee who is not exempt from the minimum wage and any overtime compensation provisions of this chapter and any applicable minimum wage orders and who works at a warehouse distribution center and is subject to a quota as defined in this section; provided, however, that "employee" does not include a driver or courier to or from a warehouse distribution center. See N.Y. Labor Law 780
• Employee work speed data: means information an employer collects, stores, analyzes, or interprets relating to an individual employee's performance of a quota, including, but not limited to, quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks. See N.Y. Labor Law 780
• Employer: means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary services, or staffing agency, independent contractor, or any similar entity, employs or exercises control over the wages, hours, or working conditions of one hundred or more employees at a single warehouse distribution center or one thousand or more employees at one or more warehouse distribution centers in the state. See N.Y. Labor Law 780
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Person: means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. See N.Y. Labor Law 780
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quota: means a work standard which:
  
  (a) an employee is assigned or required to perform: at a specified productivity speed; or a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period; or under which the employee may suffer an adverse employment action if they fail to complete the performance standard. See N.Y. Labor Law 780
• Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
• Warehouse distribution center: means an establishment as defined by any of the following North American industry classification system ("NAICS") codes, however such establishment is denominated:
  
  (a) four hundred ninety-three for warehousing and storage but does not include four hundred ninety-three thousand one hundred thirty for farm product warehousing and storage;
  
  (b) four hundred twenty-three for merchant wholesalers, durable goods;
  
  (c) four hundred twenty-four for merchant wholesalers, nondurable goods;
  
  (d) four hundred fifty-four thousand one hundred ten for electronic shopping and mail-order houses; or
  
  (e) four hundred ninety-two thousand one hundred ten for couriers and express delivery services. See N.Y. Labor Law 780