S T A T E O F N E W Y O R K
________________________________________________________________________
3768
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law and the workers' compensation law, in
relation to the definition of employment as it concerns professional
models and the individuals and entities which engage them; and to
repeal certain provisions of the labor law and the workers' compen-
sation law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 3 of paragraph (b) of subdivision 1 of section
511 of the labor law is REPEALED.
S 2. Subdivision 1 of section 511 of the labor law is amended by
adding a new paragraph (c) to read as follows:
(C) THE TERM "EMPLOYMENT" DOES NOT INCLUDE THE SERVICES OF A PROFES-
SIONAL MODEL NOR IS A MODEL MANAGER, ADVERTISER, PERSON, CORPORATION OR
OTHER ENTITY AN "EMPLOYER" OF A PROFESSIONAL MODEL FOR THE PURPOSES OF
THIS ARTICLE, WHERE THE PROFESSIONAL MODEL MEETS ALL OF THE FOLLOWING
CRITERIA:
(1) HAS THE RIGHT TO NEGOTIATE HIS OR HER RATE OF COMPENSATION AND THE
BASIS FOR REIMBURSEMENT FOR EXPENSES;
(2) HAS THE RIGHT TO ACCEPT OR REJECT JOB ASSIGNMENTS, HOURS OF WORK
AND PERFORMANCE LOCATIONS;
(3) HAS THE RIGHT TO PERFORM SERVICES FOR OTHER ADVERTISERS, PERSONS
OR ENTITIES;
(4) INCURS HIS OR HER OWN EXPENSES, INCLUDING EXPENSES FOR PORTFOLIOS;
(5) BEARS HIS OR HER OWN RISK OF LOSS IF A CLIENT FAILS TO PAY ITS
BILL; AND
(6) RECEIVES NO FRINGE BENEFITS.
AS USED IN THIS PARAGRAPH, (I) "PROFESSIONAL MODEL" MEANS A PERSON
WHO, IN THE COURSE OF HIS OR HER TRADE, OCCUPATION OR PROFESSION,
PERFORMS MODELING SERVICES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04796-01-5
A. 3768 2
(II) "MODELING SERVICES" MEANS THE APPEARANCE BY A PROFESSIONAL MODEL
IN PHOTOGRAPHIC SESSIONS OR THE ENGAGEMENT OF SUCH MODEL IN LIVE, FILMED
OR TAPED MODELING PERFORMANCES FOR REMUNERATION;
(III) "MODEL MANAGER" MEANS A PERSON OR ENTITY WHICH REPRESENTS
PROFESSIONAL MODELS WITH RESPECT TO THEIR MODELING CAREERS.
S 3. The fifth undesignated paragraph of subdivision 4 of section 2 of
the workers' compensation law is REPEALED.
S 4. Section 2 of the workers' compensation law is amended by adding a
new subdivision 4-a to read as follows:
4-A. THE TERM "EMPLOYEE" DOES NOT INCLUDE THE SERVICES OF A PROFES-
SIONAL MODEL NOR IS A MODEL MANAGER, ADVERTISER, PERSON, CORPORATION OR
OTHER ENTITY AN "EMPLOYER" OF A PROFESSIONAL MODEL FOR THE PURPOSES OF
THIS ARTICLE, WHERE THE PROFESSIONAL MODEL MEETS ALL OF THE FOLLOWING
CRITERIA:
(A) HAS THE RIGHT TO NEGOTIATE HIS OR HER RATE OF COMPENSATION AND THE
BASIS FOR REIMBURSEMENT FOR EXPENSES;
(B) HAS THE RIGHT TO ACCEPT OR REJECT JOB ASSIGNMENTS, HOURS OF WORK
AND PERFORMANCE LOCATIONS;
(C) HAS THE RIGHT TO PERFORM SERVICES FOR OTHER ADVERTISERS, PERSONS
OR ENTITIES;
(D) INCURS HIS OR HER OWN EXPENSES, INCLUDING EXPENSES FOR PORTFOLIOS;
(E) BEARS HIS OR HER OWN RISK OF LOSS IF A CLIENT FAILS TO PAY ITS
BILL; AND
(F) RECEIVES NO FRINGE BENEFITS.
AS USED IN THIS SECTION, (I) "PROFESSIONAL MODEL" MEANS A PERSON WHO,
IN THE COURSE OF HIS OR HER TRADE, OCCUPATION OR PROFESSION, PERFORMS
MODELING SERVICES;
(II) "MODELING SERVICES" MEANS THE APPEARANCE BY A PROFESSIONAL MODEL
IN PHOTOGRAPHIC SESSIONS OR THE ENGAGEMENT OF SUCH MODEL IN LIVE, FILMED
OR TAPED MODELING PERFORMANCES FOR REMUNERATION;
(III) "MODEL MANAGER" MEANS A PERSON OR ENTITY WHICH REPRESENTS
PROFESSIONAL MODELS WITH RESPECT TO THEIR MODELING CAREERS.
S 5. The closing paragraph of subdivision 5 of section 201 of the
workers' compensation law is REPEALED.
S 6. Section 201 of the workers' compensation law is amended by adding
a new subdivision 5-a to read as follows:
5-A. THE TERM "EMPLOYEE" DOES NOT INCLUDE THE SERVICES OF A PROFES-
SIONAL MODEL NOR IS A MODEL MANAGER, ADVERTISER, PERSON, CORPORATION OR
OTHER ENTITY AN "EMPLOYER" OF A PROFESSIONAL MODEL FOR THE PURPOSES OF
THIS ARTICLE, WHERE THE PROFESSIONAL MODEL MEETS ALL OF THE FOLLOWING
CRITERIA:
(A) HAS THE RIGHT TO NEGOTIATE HIS OR HER RATE OF COMPENSATION AND THE
BASIS FOR REIMBURSEMENT FOR EXPENSES;
(B) HAS THE RIGHT TO ACCEPT OR REJECT JOB ASSIGNMENTS, HOURS OF WORK
AND PERFORMANCE LOCATIONS;
(C) HAS THE RIGHT TO PERFORM SERVICES FOR OTHER ADVERTISERS, PERSONS
OR ENTITIES;
(D) INCURS HIS OR HER OWN EXPENSES, INCLUDING EXPENSES FOR PORTFOLIOS;
(E) BEARS HIS OR HER OWN RISK OF LOSS IF A CLIENT FAILS TO PAY ITS
BILL; AND
(F) RECEIVES NO FRINGE BENEFITS.
AS USED IN THIS SECTION, (I) "PROFESSIONAL MODEL" MEANS A PERSON WHO,
IN THE COURSE OF HIS OR HER TRADE, OCCUPATION OR PROFESSION, PERFORMS
MODELING SERVICES;
A. 3768 3
(II) "MODELING SERVICES" MEANS THE APPEARANCE BY A PROFESSIONAL MODEL
IN PHOTOGRAPHIC SESSIONS OR THE ENGAGEMENT OF SUCH MODEL IN LIVE, FILMED
OR TAPED MODELING PERFORMANCES FOR REMUNERATION;
(III) "MODEL MANAGER" MEANS A PERSON OR ENTITY WHICH REPRESENTS
PROFESSIONAL MODELS WITH RESPECT TO THEIR MODELING CAREERS.
S 7. This act shall take effect immediately.