S T A T E O F N E W Y O R K
________________________________________________________________________
7783
2011-2012 Regular Sessions
I N A S S E M B L Y
May 17, 2011
___________
Introduced by M. of A. BING -- read once and referred to the Committee
on Labor
AN ACT to amend the general business law and the arts and cultural
affairs law, in relation to theatrical employment agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 8 and 9 of section 171 of the general business
law, as amended by chapter 617 of the laws of 1988, are amended and a
new subdivision 8-a is added to read as follows:
8. "Theatrical employment agency" means any person (as defined in
subdivision seven of this section) who procures or attempts to procure
employment or engagements for [circus, vaudeville, the variety field,
the legitimate theater, motion pictures, radio, television, phonograph
recordings, transcriptions, opera, concert, ballet, modeling or other
entertainments or exhibitions or performances] AN ARTIST, but such term
does not include the business of managing [such] entertainments, exhibi-
tions or performances, or the artists or attractions constituting the
same, where such business only incidentally involves the seeking of
employment therefor.
8-A. "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON
THE LEGITIMATE STAGE AND IN THE PRODUCTION OF MOTION PICTURES, RADIO
ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
CINEMATOGRAPHERS, COMPOSERS, LYRICISTS, ARRANGERS, MODELS, AND OTHER
ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN MOTION PICTURE,
THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
9. "Theatrical engagement" means any engagement or employment of [a
person as an actor, performer or entertainer in employment described in
subdivision eight of this section] AN ARTIST.
S 2. Subdivision 1 of section 181 of the general business law, as
added by chapter 632 of the laws of 1975, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11532-01-1
A. 7783 2
1. A true copy of every contract executed between such agency and such
applicant, which shall have printed on it or attached to it a statement
setting forth in a clear and concise manner the provisions of sections
one hundred eighty-five, and one hundred eighty-six of this article;
PROVIDED HOWEVER, THAT CONTRACTS FOR CLASS C EMPLOYMENT MAY INSTEAD
PROVIDE NOTICE OF THE APPLICABILITY OF SECTIONS ONE HUNDRED EIGHTY-FIVE
AND ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE.
S 3. Subdivisions 1 and 2 of section 185 of the general business law,
as amended by chapter 617 of the laws of 1988, are amended to read as
follows:
1. Circumstances permitting fee. An employment agency shall not charge
or accept a fee or other consideration unless in accordance with the
terms of a written contract with a job applicant, except: (A) for class
"A" [and], "A-1" AND "C" employment[, and except] after such agency has
been responsible for referring such job applicant to an employer or such
employer to a job applicant and where as a result thereof such job
applicant has been employed by such employer; OR, (B) IN THE CASE OF
CLASS "C" EMPLOYMENT AFTER AN AGENCY REPRESENTS AN ARTIST IN THE NEGOTI-
ATION OR RENEGOTIATION OF AN ORIGINAL OR PRE-EXISTING EMPLOYMENT
CONTRACT. The maximum fees provided for herein for all types of place-
ments or employment may be charged to the job applicant and a similar
fee may be charged to the employer provided, however, that with regard
to placements in class "B" employment, a fee of up to one and one-half
times the fee charged to the job applicant may be charged to the employ-
er. By agreement with an employment agency, the employer may voluntarily
assume payment of the job applicant's fee. The fees charged to employers
by any licensed person conducting an employment agency for rendering
services in connection with, or for providing employment in classes "A",
"A-1" and "B", as hereinafter defined in subdivision four of this
section where the applicant is not charged a fee shall be determined by
agreement between the employer and the employment agency. No fee shall
be charged or accepted for the registration of applicants for employees
or employment.
2. Size of fee; payment schedule. The gross fee charged to the job
applicant and the gross fee charged to the employer each shall not
exceed the amounts enumerated in the schedules set forth in this
section, for any single employment or engagement, except as hereinabove
provided; and such fees shall be subject to the provisions of section
one hundred eighty-six of this article. Except as otherwise provided
herein, AND EXCEPT FOR CLASS "C" EMPLOYMENT, an employment agency shall
not require an applicant while employed in the continental United
States, and paid weekly to pay any fee at a rate greater than in ten
equal weekly [instalments] INSTALLMENTS each of which shall be payable
at the end of each of the first ten weeks of employment, or if paid less
frequently, in five equal installments, each of which shall be payable
at the end of the first five pay periods following his employment, or
within a period of ten weeks, whichever period is longer. An employer's
fee shall be due and payable at the time the applicant begins employ-
ment, unless otherwise determined by agreement between the employer and
the agency.
S 4. Subdivisions 3 and 4 of section 37.01 of the arts and cultural
affairs law are amended and a new subdivision 5 is added to read as
follows:
3. "Theatrical employment agency" means any person (as defined in
subdivision one hereof) who procures or attempts to procure employment
or engagements for [circus, vaudeville, the variety field, the legiti-
A. 7783 3
mate theater, motion pictures, radio, television, phonograph recordings,
transcriptions, opera, concert, ballet, modeling or other entertainments
or exhibitions or performances] AN ARTIST, but such term does not
include the business of managing [such] entertainments, exhibitions or
performances, or the artists or attractions constituting the same, where
such business only incidentally involves the seeking of employment
therefor.
4. "Theatrical engagement" means any engagement or employment of [a
person as an actor, performer or entertainer] AN ARTIST in employment
described in subdivision three of this section.
5. "ARTIST" SHALL MEAN ACTORS AND ACTRESSES RENDERING SERVICES ON THE
LEGITIMATE STAGE AND IN THE PRODUCTION OF MOTION PICTURES, RADIO
ARTISTS, MUSICAL ARTISTS, MUSICAL ORGANIZATIONS, DIRECTORS OF LEGITIMATE
STAGE, MOTION PICTURE AND RADIO PRODUCTIONS, MUSICAL DIRECTORS, WRITERS,
CINEMATOGRAPHERS, COMPOSERS, LYRICISTS, ARRANGERS, MODELS, AND OTHER
ARTISTS AND PERSONS RENDERING PROFESSIONAL SERVICES IN MOTION PICTURE,
THEATRICAL, RADIO, TELEVISION AND OTHER ENTERTAINMENT ENTERPRISES.
S 5. This act shall take effect immediately.