Section EMP.03.03 — Definitions

(a) "Compensatory time" means hours awarded to an employee in lieu of overtime compensation.

(b) "Employ" includes to suffer or permit to work.

(c) "Employee" is defined as any individual employed by an employer.

(d) "Employer" means any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency.

(1) For the purposes of this definition, two entities will be considered separate employers if all of the following are true:

(A) employees working for both employers are doing so voluntarily.

(B) each entity does not have or exercise any control over the other entity's employees.

(C) employees working for both employers are doing so without the expectation of overtime compensation calculated using the hours from both employers; however, no employee shall be denied overtime compensation for hours worked in excess of forty (40) hours for the same employer.

(D) the employee's performance for one entity does not effect his job status at the other entity.

(e) "Independent contractor" means persons whose legal relationship to the employer is solely contractual. The following factors shall be used to determine whether a person is an independent contractor or employee. The existence of a factor makes it more likely that the person is an employee:

(1) the individual has become integrated into the organization;

(2) the individual's work is substantial, regular, and continuous;

(3) the individual is subject to the direction and control of the organization; and

(4) the individual has the right to participate in the organization's fringe benefits.

(f) "Minor" means any person who has net yet attained his or her eighteenth (18th) birthday.

(g) "Overtime compensation" means a rate of pay equal to one and one-half times an employee's regular rate of pay.

(h) "Person" means an individual, partnership, association, corporation, business trust, legal representative, Indian tribe or any organized group of persons.

(i) "Public agency" means the government of the Stockbridge-Munsee Community or any political subdivision thereof.

(j) "Volunteer" means a person who performs labor or services for the employer without compensation and without an expectation of compensation.

(k) "Work week" means the seven consecutive days, commencing at 12:00 AM on Sunday and ending the following Saturday at 11:59 PM.