§40-165.1. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used only in Sections 165.1 through 165.11 of this title:

1. "Employer" means every individual, partnership, firm, association, corporation, the legal representative of a deceased individual, or the receiver, trustee or successor of an individual, firm, partnership, association or corporation, employing any person in this state;

2. "Employee" means any person permitted to work by an employer;

3. "Exempt employee" means those management level employees exempt under the provisions of Section 213 of the Fair Labor Standards Act, as amended, 29 U.S.C. Section 213, from the provisions of Sections 206 and 207 of said act;

4. "Financial institution" means a bank, savings bank, savings and loan association or credit union whose deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration, or any successor institution;

5. "Payroll card" means a card or other device used by an employee to access wages from a payroll card account;

6. "Payroll card account" means a prepaid account that is directly or indirectly established through an employer and to which transfers of the employee's wages, salary, or other compensation are made on a recurring basis;

7. "Wages" means compensation owed by an employer to an employee for labor or services rendered including salaries, commissions, holiday and vacation pay, overtime pay, severance or dismissal pay, bonuses and other similar advantages agreed upon between the employer and the employee, which are earned and due, or provided by the employer to his or her employees in an established policy, whether the amount is determined on a time, task, piece, commission or other basis of calculation;

8. "Commissioner" means the Commissioner of Labor; and

9. "Bona fide disagreement" means an honest and sincere belief or assertion based on a dispute of a determinative fact or application of law under this title which is supported by relevant evidence. Added by Laws 1955, p. 240, § 1, emerg. eff. June 6, 1955. Amended by Laws 1982, c. 304, § 24, operative Oct. 1, 1982; Laws 1990, c. 333, § 18, emerg. eff. May 31, 1990; Laws 2005, c. 359, § 1, eff. Nov. 1, 2005; Laws 2022, c. 156, § 1, eff. Nov. 1, 2022.