PURPOSE: This rule sets forth certain definitions of terms used in this chapter.

1. (1) As used in 8 CSR 30-4.010–8 CSR 30- 4.050, unless the context clearly indicates otherwise, the following terms shall mean:

   1. (A) Director—the director of the Department of Labor and Industrial Relations or his/her authorized representative;

   2. (B) Employee—an individual employed by an employer, except that the term employee shall not include:

      1. 1. Any individual employed in a bona

fide executive, administrative or professional capacity;

1. 2. Any individual engaged in the activi-

ties of an educational, charitable, religious or nonprofit organization where the employeremployee relationship in fact, does not, exist or where the services rendered to the organizations are on a voluntary basis;

1. 3. Any individual standing in loco par-

entis to foster children in his/her care;

1. 4. Any individual who receives a mini-

mum wage pursuant to the Fair Labor Standards Act of 1938, as amended as of October 1, 1996, including individuals employed by an employer covered by 29 U.S.C. 203 or other applicable federal law;

1. 5. Any individual employed for less than

four (4) months in any year in a resident or day camp for children or youth, or any individual employed by an educational conference center operated by an educational, charitable or not-for-profit organization;

1. 6. Any individual engaged in the activi-

ties of an educational organization where employment by the organization is in lieu of the requirement that the individual pay the cost of tuition, housing or other educational fees of the organization or where earnings of the individual employed by the organization are credited toward the payment of the cost of tuition, housing or other educational fees of the organization;

1. 7. Any individual employed on or about

a private residence on an occasional basis for six (6) hours or less on each occasion;

1. 8. Any disabled person employed in a

sheltered workshop, certified by the Department of Elementary and Secondary Education;

1. 9. Any person employed on a casual

basis in domestic service employment to provide baby-sitting services, any person employed in the domestic service of any family or person at his/her home and any employee employed in domestic service employment to provide companionship services for individuals who, because of age or infirmity, are unable to care for themselves;

1. 10. Any individual employed by an

employer subject to the provisions of Part I of the Interstate Commerce Act;

1. 11. Any individual employed on a casu-

al or intermittent basis as a golf caddy, newsboy or in a similar occupation;

1. 12. Any individual whose earnings are

derived in whole or in part from sales commissions and whose hours and places of employment are not substantially controlled by the employer;

1. 13. Any individual subject to the mini-

mum wage provisions of applicable federal law or any individual who is employed in any government position defined in 29 U.S.C. 203(2)(c)(i) and (ii);

1. 14. Any individual employed by a retail

or service business whose annual gross volume sales made or business done is less than five hundred thousand dollars ($500,000);

1. 15. Any individual who is an offender,

as defined in section 217.010, RSMo, who is incarcerated at any correctional facility operated by the Department of Corrections, including offenders who provide labor or services on the grounds of that correctional facility pursuant to section 217.550, RSMo; and

1. 16. Any individual described by the pro-

visions of section 29 U.S.C. 213(a)(8);

1. (C) Employer—any individual, partnership, association, corporation, business, business trust, or any person or group of persons acting, directly or indirectly, in the interest of an employer in relation to an employee;
2. (D) Learner and apprentice—any person who has not completed the required training for a particular job in which the director believes it necessary to establish a subminimum training wage so as to prevent curtailment of opportunities for employment;
3. (E) Occupation—any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed; and
4. (F) Wage—compensation due to an employee by reason of his/her employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value. 8 CSR 30-4

AUTHORITY: sections 290.512, 290.515 and 290.517, RSMo 2000.* Original rule filed July 22, 1992, effective Feb. 26, 1993. Amended: Filed Oct. 8, 2003, effective April 30, 2004.

*Original authority: 290.512, RSMo 1990; 290.515, RSMo 1990; and 290.517, RSMo 1990.