Terms Used In New York Laws > Public Health > Article 41
- Affected employees: means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer. See N.Y. Labor Law 860-A
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Approved asbestos safety program: means a program approved by the commissioner of health providing training in the handling and use of asbestos and asbestos material, education concerning safety and health risks inherent in such handling and use and training in techniques for minimizing exposure of the public to asbestos fibers. See N.Y. Labor Law 901
- Asbestos: means any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile (serpentine),
crocidolite (riebeckite), tremolite, anthrophyllite and actinolite. See N.Y. Labor Law 901
- Asbestos contract: means an oral or written agreement contained in one or more documents for the performance of work on an asbestos project and includes all labor, goods and services. See N.Y. Labor Law 901
- Asbestos contractor: means the state, any political subdivision of the state, a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership or corporation, limited liability corporation or professional limited liability corporation and any owner or operator thereof, which engages in any portion of an asbestos project or employs persons engaged in an asbestos project. See N.Y. Labor Law 901
- Asbestos handling certificate: means a certificate issued by the commissioner pursuant to the provisions of this article to a person who has satisfactorily completed an approved asbestos safety program. See N.Y. Labor Law 901
- Asbestos handling license: means a license issued by the commissioner pursuant to the provisions of this article to an asbestos contractor engaged in an asbestos project. See N.Y. Labor Law 901
- Asbestos material: means any material containing more than one percent by weight of asbestos. See N.Y. Labor Law 901
- Asbestos project: means work undertaken which involves the removal, encapsulation, enclosure, repair or disturbance of friable or non-friable asbestos, or any handling of asbestos material that may result in the release of asbestos fiber except for work in an owner-occupied single family dwelling performed by the owner of such dwelling and, for the purpose of compliance with regulations promulgated pursuant to subdivision one of section nine hundred six of this article, except for in-plant operations as defined in subdivision thirteen of this section. See N.Y. Labor Law 901
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- child born out of wedlock: when used in this article, refers to a child whose father is not its mother's husband. See N.Y. Public Health Law 4135
- Client: means a person who enters into a professional employer agreement with a professional employer organization. See N.Y. Labor Law 916
- Commercial goods transportation contractor: includes a general commercial goods transportation contractor or a commercial goods transportation subcontractor. See N.Y. Labor Law 862-A
- Commercial unit: means such a unit of goods as by commercial
usage is a single whole for purposes of lease and division of
which materially impairs its character or value on the market
or in use. See N.Y. Uniform Commercial Code 2-A-103
- Commissioner: means the commissioner of labor. See N.Y. Labor Law 901
- Commissioner: means the commissioner of labor. See N.Y. Labor Law 861-B
- Commissioner: means the commissioner of labor. See N.Y. Labor Law 862-A
- Consumer lease: means a lease that a lessor regularly
engaged in the business of leasing or selling makes to a
lessee who is an individual and who takes under the lease
primarily for personal, family, or household purposes. See N.Y. Uniform Commercial Code 2-A-103
- Contractor: includes a general contractor and a subcontractor. See N.Y. Labor Law 861-B
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Department: means the department of labor. See N.Y. Labor Law 901
- Department: means the department of labor. See N.Y. Labor Law 861-B
- Department: means the department of labor. See N.Y. Labor Law 862-A
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Donor: The person who makes a gift.
- Employer: means any business enterprise that employs fifty or more employees, excluding part-time employees, or fifty or more employees that work in the aggregate at least two thousand hours per week. See N.Y. Labor Law 860-A
- Employer: means any contractor that employs individuals deemed employees under this article. See N.Y. Labor Law 861-B
- Employer: means any commercial goods transportation contractor which compensates a person classified as an employee under section eight hundred sixty-two-b of this article. See N.Y. Labor Law 862-A
- Employer: means any individual, partnership, corporation or association engaged in a business who has employees including the state and its political subdivisions. See N.Y. Labor Law 875
- Employment loss: means :
(a) an employment termination, other than a discharge for cause, voluntary departure, or retirement;
(b) a mass layoff exceeding six months;
(c) a reduction in hours of work of more than fifty percent during each month of any consecutive six-month period. See N.Y. Labor Law 860-A
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Entity: means a partnership, association, joint venture, company, sole proprietorship, corporation, limited liability corporation, professional limited liability corporation or any other form of doing business. See N.Y. Labor Law 901
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fault: means wrongful act, omission, breach, or default. See N.Y. Uniform Commercial Code 2-A-103
- Fiduciary: A trustee, executor, or administrator.
- Finance lease: means a lease with respect to which: (i) the
lessor does not select, manufacture, or supply the goods;
(ii) the lessor acquires the goods or the right to possession
and use of the goods in connection with the lease; and (iii)
one of the following occurs: (A) the lessee receives a copy
of the contract by which the lessor acquired the goods or the
right to possession and use of the goods before signing the
lease contract; (B) the lessee's approval of the contract by
which the lessor acquired the goods or the right to
possession and use of the goods is a condition to
effectiveness of the lease contract; (C) the lessee, before
signing the lease contract, receives an accurate and complete
statement designating the promises and warranties, and any
disclaimers of warranties, limitations or modifications of
remedies, or liquidated damages, including those of any third
party, such as the manufacturer of the goods, provided to the
lessor by the person supplying the goods in connection with
or as part of the contract by which the lessor acquired the
goods or the right to possession and use of the goods; or (D)
if the lease is not a consumer lease, the lessor, before the
lessee signs the lease contract, informs the lessee in
writing (a) of the identity of the person supplying the goods
to the lessor, unless the lessee has selected that person and
directed the lessor to acquire the goods or the right to
possession and use of the goods from that person, (b) that
the lessee is entitled under this Article to the promises and
warranties, including those of any third party, provided to
the lessor by the person supplying the goods in connection
with or as part of the contract by which the lessor acquired
the goods or the right to possession and use of the goods,
and (c) that the lessee may communicate with the person
supplying the goods to the lessor and receive an accurate and
complete statement of those promises and warranties,
including any disclaimers and limitations of them or of
remedies. See N.Y. Uniform Commercial Code 2-A-103
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- Fraud: Intentional deception resulting in injury to another.
- Friable: means any material that when dry, can be crumbled, pulverized, crushed or reduced to powder by hand pressure or is capable of being released into the air by hand pressure. See N.Y. Labor Law 901
- Goods: means all things that are movable at the time of
identification to the lease contract, or are fixtures
(Section 2-A-309), but the term does not include money,
documents, instruments, accounts, chattel paper, general
intangibles, or minerals or the like, including oil and gas,
before extraction. See N.Y. Uniform Commercial Code 2-A-103
- In-plant operations: means work within the premises of an employer other than the state, any political subdivision of the state, a public authority or other governmental agency or instrumentality thereof, in an area to which persons other than employees of that employer directly involved in the work will not have access during the course of the work and which is performed in a manner consistent with federal regulations promulgated under the federal occupational safety and health act pursuant to chapter 15 of title twenty-nine of the United
States code, and is performed in a manner which will not expose the public or employees of that employer not directly involved with the asbestos project to asbestos fibers in excess of background levels or . See N.Y. Labor Law 901
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Installment lease contract: means a lease contract that
authorizes or requires the delivery of goods in separate lots
to be separately accepted, even though the lease contract
contains a clause "each delivery is a separate lease" or its
equivalent. See N.Y. Uniform Commercial Code 2-A-103
- Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
- Issue: means the first delivery of an instrument to a holder
or a remitter. See N.Y. Uniform Commercial Code 3-102
- Lease: means a transfer of the right to possession and use
of goods for a term in return for consideration, but a sale,
including a sale on approval or a sale or return, or
retention or creation of a security interest is not a lease. See N.Y. Uniform Commercial Code 2-A-103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease agreement: means the bargain, with respect to the
lease, of the lessor and the lessee in fact as found in their
language or by implication from other circumstances including
course of dealing or usage of trade or course of performance
as provided in this Article. See N.Y. Uniform Commercial Code 2-A-103
- Lease contract: means the total legal obligation that
results from the lease agreement as affected by this Article
and any other applicable rules of law. See N.Y. Uniform Commercial Code 2-A-103
- Leasehold interest: means the interest of the lessor or the
lessee under a lease contract. See N.Y. Uniform Commercial Code 2-A-103
- Lessee: means a person who acquires the right to possession
and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
- Lessor: means a person who transfers the right to possession
and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien: means a charge against or interest in goods to secure
payment of a debt or performance of an obligation, but the
term does not include a security interest. See N.Y. Uniform Commercial Code 2-A-103
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Lot: means a parcel or a single article that is the subject
matter of a separate lease or delivery, whether or not it is
sufficient to perform the lease contract. See N.Y. Uniform Commercial Code 2-A-103
- Mass layoff: means a reduction in force which:
(a) is not the result of a plant closing; and
(b) results in an employment loss at a single site of employment during any thirty-day period for:
(i) at least thirty-three percent of the employees (excluding part-time employees); and
(ii) at least twenty-five employees (excluding part-time employees); or
(iii) at least two hundred fifty employees (excluding part-time employees). See N.Y. Labor Law 860-A
- Merchant lessee: means a lessee that is a merchant with
respect to goods of the kind subject to the lease. See N.Y. Uniform Commercial Code 2-A-103
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- order: is a direction to pay and must be more than an
authorization or request. See N.Y. Uniform Commercial Code 3-102
- Oversight: Committee review of the activities of a Federal agency or program.
- Parent company: means an entity that directly, or indirectly through one or more intermediaries, controls the asbestos contractor. See N.Y. Labor Law 901
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any natural person. See N.Y. Labor Law 901
- Person: means an individual, an association, a company, a firm, a partnership, a corporation, or any other form of legally recognized entity. See N.Y. Labor Law 916
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plant closing: means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any thirty-day period for twenty-five or more employees (other than part-time employees). See N.Y. Labor Law 860-A
- Present value: means the amount as of a date certain of one
or more sums payable in the future, discounted to the date
certain. See N.Y. Uniform Commercial Code 2-A-103
- Professional employer agreement: means a written contract whereby:
(a) A professional employer organization expressly agrees to co-employ all or a majority of the employees providing services for the client;
(b) The contract is intended to be on-going rather than temporary in nature;
(c) Employer responsibilities for worksite employees, including those of hiring, firing and disciplining, are expressly allocated by and between the professional employer organization and the client in the agreement; and
(d) The professional employer organization expressly assumes the rights and responsibilities as required in section nine hundred twenty-two of this article. See N.Y. Labor Law 916
- Professional employer organization: means any person whose business is entering into professional employer agreements with clients. See N.Y. Labor Law 916
- promise: is a n undertaking to pay and must be more than an
acknowledgment of an obligation. See N.Y. Uniform Commercial Code 3-102
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Purchase: includes taking by sale, lease, mortgage, security
interest, pledge, gift, or any other voluntary transaction
creating an interest in goods. See N.Y. Uniform Commercial Code 2-A-103
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Relocation: means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location fifty miles or more away. See N.Y. Labor Law 860-A
- Representative: means an exclusive representative within the meaning of section 9(a) or 8(f) of the National Labor Relations Act (29 U. See N.Y. Labor Law 860-A
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Sublease: means a lease of goods the right to possession and
use of which was acquired by the lessor as a lessee under an
existing lease. See N.Y. Uniform Commercial Code 2-A-103
- Subsidiary: means an entity that is controlled directly, or indirectly through one or more intermediaries, by an asbestos contractor or by the asbestos contractor's parent company. See N.Y. Labor Law 901
- Substantially owned-affiliated entity: means , in relation to any asbestos contractor, any (a) parent company of the asbestos contractor, (b) subsidiary of the asbestos contractor, (c) successor of the asbestos contractor, (d) entity in which the parent company of the asbestos contractor owns more than fifty percent of the voting stock, (e) entity in which one or more of the top five shareholders of the asbestos contractor individually or collectively also owns a controlling share of the voting stock, or (f) entity which exhibits any other indicia of control over the asbestos contractor or over which the asbestos contractor exhibits control, regardless of whether the controlling party or parties have any identifiable or documented ownership interest. See N.Y. Labor Law 901
- Successor: means an entity engaged in work substantially similar to that of the predecessor, where there is substantial continuity of operation with that of the predecessor. See N.Y. Labor Law 901
- Supplier: means a person from whom a lessor buys or leases
goods to be leased under a finance lease. See N.Y. Uniform Commercial Code 2-A-103
- Temporary help firm: means a business which recruits and hires its own employees, and assigns those employees to perform work at or services for other organizations, to support or supplement the other organization's workforce, or to provide assistance in special work situations such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects. See N.Y. Labor Law 916
- Toxic substance: means any substance which is listed in the latest printed edition of the national institute for occupational safety and health registry of toxic effects of chemical substances or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing. See N.Y. Labor Law 875
- Trustee: A person or institution holding and administering property in trust.
- Workplace: means any location away from the home, permanent or temporary, where any employee performs any work-related duty in the course of his employment. See N.Y. Labor Law 875
- Worksite employee: means a person having an employment relationship with both the professional employer organization and the client. See N.Y. Labor Law 916