Definitions

1. Law
2. US Virgin Islands Code
3. Labor
4. Fair Labor Standards
5. Definitions

• As used in this chapter—
  • “Commissioner” means the Commissioner of Labor of the Virgin Islands; “employ” includes to suffer or to permit to work; “employee” includes any individual employed by an employer but does not include—

    • (1) an individual employed in domestic service in a private home;

    • (2) an individual employed in a bona fide executive, administrative, or professional capacity;

    • (3) an individual employed by the United States, or by the Government of the Virgin Islands or any instrumentality thereof;

    • (4) an individual engaged in the activities of an educational, charitable, religious, or non-profit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organization are on a voluntary basis; or

    • (5) an individual employed as a seaman or engaged in the catching, taking or selling of any fresh fish, shellfish, or crustacea;

    “employer” includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee; “occupation” means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed; “wage” means legal tender of the United States, or checks on banks convertible into cash on demand at full face value thereof and shall not include tips or gratuities of any kind, but shall include the reasonable cost, as determined by the Commissioner, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are regularly furnished by such employer to such employee; Provided, however, That in the Tourist Service and Restaurant Industries, the Wage Board shall prescribe:

    • (a) a minimum hourly cash wage which must actually be paid by the employer to the employee regardless of any deductions or offset from wages for board, lodging or other facilities regularly furnished by such employer to such employees.

    “wage board” means a board created as provided in section 6 of this title; “service personnel” means personnel who are employed as bartenders, barboys, doormen, bellboys, bellhops, waiters, waitresses, busboys, countermen, bar waiters, headwaiters or maitre de hotel; “tourist service industry” means an industry engaged in the operation of a hotel, a guesthouse, a tourist-oriented park, or a golf course operated primarily in the interests of the tourist trade whether or not in conjunction with a hotel or guesthouse, or such portion of an enterprise as is exclusively devoted to such operation; “restaurant industry” means the operation of restaurants, night clubs, bars, snack shops, soda fountains, coffee shops, and related enterprises, or such portion of an enterprise as is exclusively devoted to such operation.

Download our app to see the most-to-date content.