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This entry was published on 2014-09-22
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SECTION 150
Definitions
Labor (LAB) CHAPTER 31, ARTICLE 4-A
§ 150. Definitions. For the purpose of this article:

1. "Artistic or creative services" shall include, but are not limited
to, services as an actor, actress, dancer, musician, comedian, singer,
stunt-person, voice-over artist, runway or print model, or other
performer or entertainer, or as a songwriter, musical producer or
arranger, writer, director, producer, production executive,
choreographer, composer, conductor, or designer.

2. "Child performer" shall mean any child under the age of eighteen
who (a) resides in the state of New York and who agrees to render
artistic or creative services; or

(b) agrees to render artistic or creative services in the state of New
York.

3. "Child performer's employer" shall mean a person or entity which
employs a child performer to furnish artistic or creative services for a
fee either directly or through a third-party provider (loan-out company)
or an agency or service that provides artistic or creative services
(casting agency).

4. "Child performer trust account" shall mean an account established
for the benefit of a child performer in accordance with part seven of
article seven of the estates, powers and trusts law.

5. "Gross earnings" shall mean the total compensation prior to taxes,
deductions, or commissions payable to a child performer pursuant to a
contract or in the case of a third-party individual or personal services
corporation (loan-out company), the total compensation paid to the
third-party for the services of the child performer. However, where the
child performer is employed as a musician, singer, songwriter, musical
producer, or arranger it means the total compensation under the contract
including advances but excluding deductions to offset those advances or
other expenses incurred by the employer pursuant to the contract.

6. "Permit" shall refer to the documentation issued by the department
to a child performer pursuant to this article.

7. "Certificate of eligibility" shall refer to the documentation
issued by the department to an employer of a child performer pursuant to
this article.

8. "Employment schedule" shall mean the time that a child performer is
required to be present at the actual place of employment, excluding
travel.