Bill Text: NY A10283 | 2015-2016 | General Assembly | Amended

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Bill Title: Clarifies that a musician or other performing artist who is exempt from the requirement to have workers' compensation insurance because he or she is an executive officer of a corporation who is deemed excluded from coverage.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-12-31 - tabled [A10283 Detail]

Download: New_York-2015-A10283-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        10283--A
                   IN ASSEMBLY
                                      May 20, 2016
                                       ___________
        Introduced by M. of A. TITONE -- read once and referred to the Committee
          on  Labor  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the workers' compensation law,  relating  to  the  defi-
          nition  of  employee;  and providing for the repeal of such provisions
          upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  fourth  undesignated  paragraph  of subdivision 4 of
     2  section 2 of the workers' compensation law, as added by chapter  903  of
     3  the laws of 1986, is amended to read as follows:
     4    "Employee" shall also mean, for purposes of this chapter only, and not
     5  for  the  purposes  of any other provision or statute dependent upon the
     6  definition of employee, a professional musician or  a  person  otherwise
     7  engaged in the performing arts who performs services as such for a tele-
     8  vision or radio station or network, a film production, a theatre, hotel,
     9  restaurant,  night  club  or  similar  establishment  unless, by written
    10  contract, such musician or person is stipulated to  be  an  employee  of
    11  another  employer  covered  by  this chapter. "Engaged in the performing
    12  arts" shall mean performing service in connection with the production of
    13  or performance in any artistic endeavor which requires artistic or tech-
    14  nical skill or expertise.  However, a musician or person who is an exec-
    15  utive officer of  a  corporation  who  contracts  for  the  musician  or
    16  person's services, and who is not a musician or person otherwise engaged
    17  in  performing  arts  who  would  be deemed excluded from coverage under
    18  paragraphs (c) and e of subdivision six of section  fifty-four  of  this
    19  chapter,  will not be an "employee" for purposes of this chapter if such
    20  musician or person establishes, before the board or in a court  of  law,
    21  that  he  or she would not be an "employee" at common law; and in making
    22  such determination, the board or the court will consider the  degree  of
    23  control exercised by the purported employer over the results produced or
    24  the  means used to achieve the results, examining the following factors:
    25  whether the musician or person (a) worked at his or her own convenience,
    26  (b) was free to engage in other employment, (c)  received  fringe  bene-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15407-02-6
        A. 10283--A                         2
     1  fits,  (d)  was on the employer's payroll, and (e) was on a fixed sched-
     2  ule.
     3    §  2.  This  act  shall take effect immediately and shall apply to all
     4  cases, matters or proceedings pending on such date, or  which  have  not
     5  been  finally  adjudicated  on  such  date or commenced on or after such
     6  date; provided, however, that  this  act  shall  expire  and  be  deemed
     7  repealed 3 years after such effective date.