40.1-28.9 - Definition of terms.
§ 40.1-28.9. Definition of terms.
As used in this article:
A. "Employer" includes any individual, partnership, association,corporation, business trust, or any person or groups of persons actingdirectly or indirectly in the interest of an employer in relation to anemployee;
B. "Employee" includes any individual employed by an employer, except thefollowing:
1. Any person employed as a farm laborer or farm employee;
2. Any person employed in domestic service or in or about a private home orin an eleemosynary institution primarily supported by public funds;
3. Any person engaged in the activities of an educational, charitable,religious or nonprofit organization where the relationship ofemployer-employee does not, in fact, exist, or where the services rendered tosuch organizations are on a voluntary basis;
4. Newsboys, shoe-shine boys, caddies on golf courses, babysitters, ushers,doormen, concession attendants and cashiers in theaters;
5. Traveling salesmen or outside salesmen working on a commission basis;taxicab drivers and operators;
6. Any person under the age of eighteen in the employ of his father, motheror legal guardian;
7. Any person confined in any penal, corrective or mental institution of theState or any of its political subdivisions;
8. Any person employed by a boys' and/or girls' summer camp;
9. Any person under the age of sixteen, regardless of by whom employed;
10. Any person who normally works and is paid based on the amount of workdone;
11. (Reserved);
12. Any person whose employment is covered by the Fair Labor Standards Act of1938 as amended;
13. Any person whose earning capacity is impaired by physical or mentaldeficiency;
14. Students and apprentices participating in a bona fide educational orapprenticeship program;
15. Any person employed by an employer who does not have four or more personsemployed at any one time; provided that husbands, wives, sons, daughters andparents of the employer shall not be counted in determining the number ofpersons employed;
16. Any person who is less than eighteen years of age and who is currentlyenrolled on a full-time basis in any secondary school, institution of highereducation or trade school, provided the person is not employed more thantwenty hours per week;
16A. Any person of any age who is currently enrolled on a full-time basis inany secondary school, institution of higher education or trade school and isin a work-study program or its equivalent at the institution at which he orshe is enrolled as a student;
17. Any person who is less than eighteen years of age and who is under thejurisdiction and direction of a juvenile and domestic relations districtcourt.
C. "Wages" means legal tender of the United States or checks or drafts onbanks negotiable into cash on demand or upon acceptance at full value;provided, wages may include the reasonable cost to the employer of furnishingmeals and for lodging to an employee, if such board or lodging is customarilyfurnished by the employer, and used by the employee.
D. In determining the wage of a tipped employee, the amount paid suchemployee by his employer shall be deemed to be increased on account of tipsby an amount determined by the employer, except in the case of an employeewho establishes by clear and convincing evidence that the actual amount oftips received by him was less than the amount determined by the employer. Insuch case, the amount paid such employee by his employer shall be deemed tohave been increased by such lesser amount.
(1975, c. 530; 1976, c. 442; 1977, c. 432; 2007, cc. 816, 832.)