§ 95-25.2. Definitions. - North Carolina Statutes

§95‑25.2.  Definitions.

In this Article, unless thecontext otherwise requires:

(1)        "Agriculture"includes farming in all its branches performed by a farmer or on a farm as anincident to or in conjunction with farming operations.

(2)        "Commissioner"means the Commissioner of Labor.

(3)        "Employ"means to suffer or permit to work.

(4)        "Employee"includes any individual employed by an employer.

(5)        "Employer"includes any person acting directly or indirectly in the interest of anemployer in relation to an employee.

(6)        "Establishment"means a physical location where business is conducted.

(7)        "The Fair LaborStandards Act" means the Fair Labor Standards Act of 1938, as amended andas the same may be amended from time to time by the United States Congress.

(8)        "Hoursworked" includes all time an employee is employed.

(9)        "Payday"means that day designated for payment of wages due by virtue of the employmentrelationship.

(10)      "Payperiods" may be daily, weekly, biweekly, semimonthly, or monthly.

(11)      "Person" meansan individual, partnership, association, corporation, business trust, legalrepresentative, or any organized group of persons. For the purposes of G.S. 95‑25.2,G.S. 95‑25.3, G.S. 95‑25.14, and G.S. 95‑25.20, it also meansthe State of North Carolina, any city, town, county, or municipality, or anyState or local agency or instrumentality of government. The Government of theUnited States and any agency of the United States (including the United StatesPostal Service and Postal Rate Commission) are not included as persons for anypurpose under this Article.

(12)      "Seasonal foodservice establishment" means a restaurant, food and drink stand or otherestablishment generally recognized as a commercial food service establishment,preparing and serving food to the public but operating 180 days or less peryear.

(13)      "Seasonalreligious or nonprofit educational conference center or a seasonal amusement orrecreational establishment" means an establishment which does not operatefor more than seven months in any calendar year, or during the precedingcalendar year had average receipts for any six months of such year of not morethan thirty‑three and one‑third percent (33 1/3%) of its averagereceipts for the other six months of that year.

(14)      "Tippedemployee" means any employee who customarily receives more than twentydollars ($20.00) a month in tips.

(15)      "Tip" shallmean any money or part thereof over and above the actual amount due a businessfor goods, food, drink, services or articles sold which is paid in cash or bycredit card, or is given to or left for an employee by a patron or patrons ofthe business where the employee is employed.

(16)      "Wage" paidto an employee means compensation for labor or services rendered by an employeewhether determined on a time, task, piece, job, day, commission, or other basisof calculation, and the reasonable cost as determined by the Commissioner offurnishing employees with board, lodging, or other facilities. For the purposesof G.S. 95‑25.6 through G.S. 95‑25.13 "wage" includessick pay, vacation pay, severance pay, commissions, bonuses, and other amountspromised when the employer has a policy or a practice of making such payments.

(17)      "Workweek"means any period of 168 consecutive hours.

(18)      "Enterprise"means the related activities performed either through unified operations orcommon control by any person or persons for a common business purpose andincludes all such activities whether performed in one or more establishments orby one or more corporate units but shall not include the related activitiesperformed for such enterprise by an independent contractor or franchisee. (1959,c. 475; 1961, c. 652; 1969, c. 34, s. 2; c. 218; 1971, c. 1231, s. 1; 1975, c.413, s. 1; c. 605; 1977, c. 653; c. 672, s. 1; c. 826, s. 1; 1979, c. 839, s.1; 1981, c. 663, ss. 10, 11; 1983, c. 708, s. 3; 1991, c. 330, s. 1.)