North Carolina General Statutes 95-25.2. Definitions
In this Article, unless the context otherwise requires:
(1) “Agriculture” includes farming in all its branches performed by a farmer or on a farm as an incident to or in conjunction with farming operations.
Terms Used In North Carolina General Statutes 95-25.2
- Commissioner: means the Commissioner of Labor. See North Carolina General Statutes 95-25.2
- 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.
- Employee: includes any individual employed by an employer. See North Carolina General Statutes 95-25.2
- Employer: includes any person acting directly or indirectly in the interest of an employer in relation to an employee. See North Carolina General Statutes 95-25.2
- Enterprise: means the related activities performed either through unified operations or common control by any person or persons for a common business purpose and includes all such activities whether performed in one or more establishments or by one or more corporate units but shall not include the related activities performed for such enterprise by an independent contractor or franchisee. See North Carolina General Statutes 95-25.2
- Establishment: means a physical location where business is conducted. See North Carolina General Statutes 95-25.2
- Fair Labor Standards Act: means the Fair Labor Standards Act of 1938, as amended and as the same may be amended from time to time by the United States Congress. See North Carolina General Statutes 95-25.2
- month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
- 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 an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. See North Carolina General Statutes 95-25.2
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(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 an employer in relation to an employee.
(6) “Establishment” means a physical location where business is conducted.
(7) “The Fair Labor Standards Act” means the Fair Labor Standards Act of 1938, as amended and as the same may be amended from time to time by the United States Congress.
(8) “Hours worked” includes all time an employee is employed.
(9) “Payday” means that day designated for payment of wages due by virtue of the employment relationship.
(10) “Pay periods” may be daily, weekly, biweekly, semimonthly, or monthly.
(11) “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. For the purposes of N.C. Gen. Stat. § 95-25.2, N.C. Gen. Stat. § 95-25.3, N.C. Gen. Stat. § 95-25.14, and N.C. Gen. Stat. § 95-25.20, it also means the State of North Carolina, any city, town, county, or municipality, or any State or local agency or instrumentality of government. The Government of the United States and any agency of the United States (including the United States Postal Service and Postal Rate Commission) are not included as persons for any purpose under this Article.
(12) “Seasonal food service establishment” means a restaurant, food and drink stand or other establishment generally recognized as a commercial food service establishment, preparing and serving food to the public but operating 180 days or less per year.
(13) “Seasonal religious or nonprofit educational conference center or a seasonal amusement or recreational establishment” means an establishment which does not operate for more than seven months in any calendar year, or during the preceding calendar year had average receipts for any six months of such year of not more than thirty-three and one-third percent (33 1/3%) of its average receipts for the other six months of that year.
(14) “Tipped employee” means any employee who customarily receives more than twenty dollars ($20.00) a month in tips.
(15) “Tip” shall mean any money or part thereof over and above the actual amount due a business for goods, food, drink, services or articles sold which is paid in cash or by credit card, or is given to or left for an employee by a patron or patrons of the business where the employee is employed.
(16) “Wage” paid to an employee means compensation for labor or services rendered by an employee whether determined on a time, task, piece, job, day, commission, or other basis of calculation, and the reasonable cost as determined by the Commissioner of furnishing employees with board, lodging, or other facilities. For the purposes of N.C. Gen. Stat. § 95-25.6 through N.C. Gen. Stat. § 95-25.13 “wage” includes sick pay, vacation pay, severance pay, commissions, bonuses, and other amounts promised 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 or common control by any person or persons for a common business purpose and includes all such activities whether performed in one or more establishments or by one or more corporate units but shall not include the related activities performed 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.)