Assembly Bill A10283A

Vetoed By Governor
2015-2016 Legislative Session

Relates to the definition of employee

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2015-A10283 - Details

See Senate Version of this Bill:
S7709
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §2, Work Comp L

2015-A10283 - Summary

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.

2015-A10283 - Bill Text download pdf 

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

                                  10283

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Labor

AN  ACT  to  amend  the workers' compensation law, relating to the defi-
  nition of employee; and providing for the repeal of such provisions

  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 ONLY, AND NOT
FOR  THE  PURPOSES  OF ANY OTHER PROVISION OR STATUTE DEPENDENT UPON THE
DEFINITION OF EMPLOYEE, a professional musician or  a  person  otherwise
engaged in the performing arts who performs services as such for a tele-
vision 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 chapter. "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 tech-
nical skill or expertise. HOWEVER, A MUSICIAN OR PERSON WHO IS AN EXECU-
TIVE OFFICER OF A  CORPORATION  WHICH  CONTRACTS  FOR  THE  MUSICIAN  OR
PERSON'S SERVICES, AND WHO IF NOT A MUSICIAN OR PERSON OTHERWISE ENGAGED
IN  PERFORMING ARTS WOULD BE DEEMED EXCLUDED FROM COVERAGE BY PARAGRAPHS
(C) AND E OF SUBDIVISION SIX OF SECTION FIFTY-FOUR OF THIS CHAPTER, WILL
NOT BE AN "EMPLOYEE" FOR PURPOSES OF THIS CHAPTER IF  SUCH  MUSICIAN  OR
PERSON  ESTABLISHES,  BEFORE  THE BOARD OR IN A COURT OF LAW, THAT HE OR
SHE WOULD NOT BE AN "EMPLOYEE" AT COMMON LAW; AND IN MAKING SUCH  DETER-
MINATION,  THE  BOARD  OR  THE COURT WILL CONSIDER THE DEGREE OF CONTROL
EXERCISED BY THE PURPORTED EMPLOYER OVER THE  RESULTS  PRODUCED  OR  THE
MEANS  USED  TO  ACHIEVE  THE  RESULTS, EXAMINING THE FOLLOWING FACTORS:
WHETHER THE MUSICIAN OR PERSON (A) WORKED AT HIS OR HER OWN CONVENIENCE,
(B) WAS FREE TO ENGAGE IN OTHER EMPLOYMENT, (C)  RECEIVED  FRINGE  BENE-
FITS,  (D)  WAS ON THE EMPLOYER'S PAYROLL, AND (E) WAS ON A FIXED SCHED-
ULE.

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

co-Sponsors

2015-A10283A (ACTIVE) - Details

See Senate Version of this Bill:
S7709
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §2, Work Comp L

2015-A10283A (ACTIVE) - Summary

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.

2015-A10283A (ACTIVE) - Bill Text download pdf 

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

                                10283--A

                          I N  A S S E M B L Y

                              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:

  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 ONLY, AND NOT
FOR  THE  PURPOSES  OF ANY OTHER PROVISION OR STATUTE DEPENDENT UPON THE
DEFINITION OF EMPLOYEE, a professional musician or  a  person  otherwise
engaged in the performing arts who performs services as such for a tele-
vision 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 chapter. "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 tech-
nical skill or expertise.  HOWEVER, A MUSICIAN OR PERSON WHO IS AN EXEC-
UTIVE OFFICER OF  A  CORPORATION  WHO  CONTRACTS  FOR  THE  MUSICIAN  OR
PERSON'S SERVICES, AND WHO IS NOT A MUSICIAN OR PERSON OTHERWISE ENGAGED
IN  PERFORMING  ARTS  WHO  WOULD  BE DEEMED EXCLUDED FROM COVERAGE UNDER
PARAGRAPHS (C) AND E OF SUBDIVISION SIX OF SECTION  FIFTY-FOUR  OF  THIS
CHAPTER,  WILL NOT BE AN "EMPLOYEE" FOR PURPOSES OF THIS CHAPTER IF SUCH
MUSICIAN OR PERSON ESTABLISHES, BEFORE THE BOARD OR IN A COURT  OF  LAW,
THAT  HE  OR SHE WOULD NOT BE AN "EMPLOYEE" AT COMMON LAW; AND IN MAKING
SUCH DETERMINATION, THE BOARD OR THE COURT WILL CONSIDER THE  DEGREE  OF
CONTROL EXERCISED BY THE PURPORTED EMPLOYER OVER THE RESULTS PRODUCED OR
THE  MEANS USED TO ACHIEVE THE RESULTS, EXAMINING THE FOLLOWING FACTORS:
WHETHER THE MUSICIAN OR PERSON (A) WORKED AT HIS OR HER OWN CONVENIENCE,
(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.

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