Bill Text: NY S07265 | 2015-2016 | General Assembly | Introduced

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Bill Title: Amends the definition of employees who are performers; considers membership in a performer's union in such determination.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-12 - REFERRED TO LABOR [S07265 Detail]

Download: New_York-2015-S07265-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7265
                    IN SENATE
                                     April 12, 2016
                                       ___________
        Introduced  by  Sen.  MARTINS -- (at request of the Workers Compensation
          Board) -- read twice and ordered  printed,  and  when  printed  to  be
          committed to the Committee on Labor
        AN ACT to amend the workers' compensation law, in relation to clarifying
          the definition of employees who are performers
          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,  a  profes-
     5  sional musician or a person otherwise engaged in the performing arts who
     6  performs  services as such for a television or radio station or network,
     7  a film production, a theatre, hotel, restaurant, night club  or  similar
     8  establishment  unless,  by  written contract, such musician or person is
     9  stipulated to be an employee of another employer covered by  this  chap-
    10  ter.  "Engaged in the performing arts" shall mean performing [service in
    11  connection with the  production  of  or  performance  in]  any  artistic
    12  endeavor  which  requires  artistic  or technical skill or expertise and
    13  subject to an express or implied contract of employment with the  owner,
    14  manager  or  operator of such establishment.  In determining whether the
    15  performer is an employee, the board may consider the performer's member-
    16  ship in any professional performer's union and may consider  common  law
    17  factors of employment.
    18    § 2. The second undesignated paragraph of subdivision 5 of section 201
    19  of the workers' compensation law, as added by chapter 903 of the laws of
    20  1986, is amended to read as follows:
    21    "Employee"  shall  also  mean, for purposes of this chapter, a profes-
    22  sional musician or a person otherwise engaged in the performing arts who
    23  performs services as such for a television or radio station or  network,
    24  a  film  production, a theatre, hotel, restaurant, night club or similar
    25  establishment unless, by written contract, such musician  or  person  is
    26  stipulated  to  be an employee of another employer covered by this chap-
    27  ter. "Engaged in the performing arts" shall mean performing [service  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14354-03-6