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Senate Bill S7265

2015-2016 Legislative Session

Relates to clarifying the definition of employees who are performers

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2015-S7265 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§2 & 201, Work Comp L

2015-S7265 (ACTIVE) - Summary

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

2015-S7265 (ACTIVE) - Sponsor Memo

2015-S7265 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7265

                            I N  S E N A T E

                             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:

  Section 1. The fourth  undesignated  paragraph  of  subdivision  4  of
section  2  of the workers' compensation law, as added by chapter 903 of
the laws of 1986, is amended to read as follows:
  "Employee" shall also mean, for purposes of this  chapter,  a  profes-
sional musician or a person otherwise engaged in the performing arts who
performs  services as such for a television or radio station or network,
a film production, a theatre, hotel, restaurant, night club  or  similar
establishment  unless,  by  written contract, such musician or person is
stipulated to be an employee of another employer covered by  this  chap-
ter.  "Engaged in the performing arts" shall mean performing [service in
connection with the  production  of  or  performance  in]  any  artistic
endeavor  which  requires  artistic  or technical skill or expertise AND
SUBJECT TO AN EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT WITH THE  OWNER,
MANAGER  OR  OPERATOR OF SUCH ESTABLISHMENT.  IN DETERMINING WHETHER THE
PERFORMER IS AN EMPLOYEE, THE BOARD MAY CONSIDER THE PERFORMER'S MEMBER-
SHIP IN ANY PROFESSIONAL PERFORMER'S UNION AND MAY CONSIDER  COMMON  LAW
FACTORS OF EMPLOYMENT.
  S 2. The second undesignated paragraph of subdivision 5 of section 201
of the workers' compensation law, as added by chapter 903 of the laws of
1986, is amended to read as follows:
  "Employee"  shall  also  mean, for purposes of this chapter, a profes-
sional musician or a person otherwise engaged in the performing arts who
performs services as such for a television or radio station or  network,
a  film  production, a theatre, hotel, restaurant, night club or similar
establishment unless, by written contract, such musician  or  person  is
stipulated  to  be an employee of another employer covered by this chap-
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.

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