SPIRO T. AGNEW, Governor                         947

(e) "Employee" includes any individual employed by an em-
ployer but shall not include:

[(1) Any individual employed in agriculture;]

[(2) Any individual employed in domestic service in or about

[(3)] (1) Any individual employed in a bona fide executive,
administrative, or professional capacity (as such terms are defined
and delimited by regulation of the Commissioner);

[(4)] Any individual engaged in the activities of an edu-
cational, charitable, religious, or nonprofit organization where the
employer employee relationship does not in fact exist and where
the services are rendered to such organizations gratuitously, and
with no expectation of gain;

[(5) Any individual employed in any of the following busi-
nesses and establishments: restaurants, cafes, taverns, drive-ins,
drugstores, which sell food and drink for consumption on the prem-

ises, and other similar establishments which sell food and drink for

consumption on the promises.]

[(6) Any individual employed by hospitals, nursing and con-
valescent homes, except any individual employed in laundry service
in said hospitals or homes, or in hotels, motels and ambulance serv-

ices.]

[(7) Any individual employed in motion picture theatres, in-
cluding drive in theatres, and legitimate theatres.]

[(8)] (3) Any individual who is a student regularly enrolled
in primary and secondary schools who is employed after school
hours or during vacation.

[(9)] (4) Any individual employed as an outside salesman or
any individual compensated on a commission basis.

[(10) Any individual who has attained the age of 62 years and
who works not more than 25 hours per week.]

[(11) Any individual employed by an employer engaged in the
first processing of, or in canning, packing of freezing perishable
or seasonal fresh fruits, vegetables or horticultural commodities,
poultry or seafood.]

[(12) Any individual employed in any hotel, motel, parking lot,
car wash, or by any taxicab company.]

(1)     ANY INDIVIDUAL EMPLOYED IN AGRICULTURE;

(2)    ANY INDIVIDUAL EMPLOYED IN DOMESTIC SERV-
ICE IN OR ABOUT A PRIVATE HOME;

(3)    ANY INDIVIDUAL EMPLOYED IN A BONA FIDE EX-
ECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY
(AS SUCH TERMS ARE DEFINED AND DELIMITED BY
REGULATION OF THE COMMISSIONER) ;

(4)    ANY INDIVIDUAL ENGAGED IN THE ACTIVITIES
OF AN EDUCATIONAL, CHARITABLE, RELIGIOUS, OR
NONPROFIT ORGANIZATION WHERE THE EMPLOYER-