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As a general matter, employment law statutes include definitions of terms such as employee and work-site or workplace. In 2021, the State of New York

As a general matter, employment law statutes include definitions of terms such as "employee" and "work-site" or workplace.  In 2021, the State of New York enacted a law to prevent "occupational exposure to an airborne infectious disease." 

You are the head of HR of a Pizzazz Pizza Incorporated, a company in New York State that is an "employer" subject to this statute.  Pizzazz Pizza is a farm to table, fully integrated pizza chain.  In its marketing the company boasts that: "When you sit down to eat a pizza at Pizzazz you will know that everything from the flour to the yeast, from the mozzarella to the mushrooms, and everything in between comes from our Pizzazz Hudson Valley pastures and manufacturing plants.  Our fleet of Pizzazz trucks and jets make sure that we are able to go from farm to pizza oven to table with our Pizzazz speed."  You have been asked to provide the Board of Directors a summary of no more than 3 pages of the following definitions included in the statute, including an explanation of how the definitions apply to Pizzazz Pizza, as detailed in the bulleted guidance presented after the cited definitions:

  • (a) "Employee" shall mean any person providing labor or services for remuneration for a private entity or business within the state, without regard to an individual's immigration status, and shall include, but not be limited to, part-time workers, independent contractors, domestic workers, home care and personal care workers, day laborers, farmworkers and other temporary and seasonal workers. The term shall also include individuals working for staffing agencies, contractors or subcontractors on behalf of the employer at any individual work site, as well as any individual delivering goods or transporting people at, to or from the work site on behalf of the employer, regardless of whether delivery or transport is conducted by an individual or entity that would otherwise be deemed an employer under this chapter. The term shall not include employees of the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality.
  • (b) "Work site" shall mean any physical space, including a vehicle, that has been designated as the location where work is performed. The term shall include employer-provided housing and employer-provided transportation at, to or from the work site but shall not include the residence of the employer or employee unless such residence has been provided by the employer and is used as the primary place of work or such residence is provided by an employer covered under the provisions of article nineteen-A of this chapter
  • (c) ....[omitted]
  • (d) ...[omitted]
  • (e) "Airborne infectious disease" shall mean any infectious viral, bacterial or fungal disease that is transmissible through the air in the form of aerosol particles or droplets and is designated a highly contagious communicable disease by the commissioner of health that presents a serious risk of harm to the public health.

In providing your summary of these definitions for the Board of Directors, please make sure that you:

  • Explain how these definitions apply to a company like Pizzazz Pizza.
  • In particular, based on Pizzazz business, as described above, please describe the types of employees of Pizzazz that are likely to fall under the definition of "employee" in the statute. As part of your answer, include a list setting forth the different types of Pizzazz employees that may fall under the statute.
  • Similarly, please describe the different Pizzazz work sites that would fall under the definition of "work site" in the statute.
  • Finally, please describe the type of Pizzazz employees and work sites that are most likely to trigger application of the "airborne infectious disease" definition.

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