STATE OF NEW YORK
________________________________________________________________________
7265
IN SENATE
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:
1 Section 1. The fourth undesignated paragraph of subdivision 4 of
2 section 2 of the workers' compensation law, as added by chapter 903 of
3 the laws of 1986, is amended to read as follows:
4 "Employee" shall also mean, for purposes of this chapter, a profes-
5 sional musician or a person otherwise engaged in the performing arts who
6 performs services as such for a television or radio station or network,
7 a film production, a theatre, hotel, restaurant, night club or similar
8 establishment unless, by written contract, such musician or person is
9 stipulated to be an employee of another employer covered by this chap-
10 ter. "Engaged in the performing arts" shall mean performing [service in
11 connection with the production of or performance in] any artistic
12 endeavor which requires artistic or technical skill or expertise and
13 subject to an express or implied contract of employment with the owner,
14 manager or operator of such establishment. In determining whether the
15 performer is an employee, the board may consider the performer's member-
16 ship in any professional performer's union and may consider common law
17 factors of employment.
18 § 2. The second undesignated paragraph of subdivision 5 of section 201
19 of the workers' compensation law, as added by chapter 903 of the laws of
20 1986, is amended to read as follows:
21 "Employee" shall also mean, for purposes of this chapter, a profes-
22 sional musician or a person otherwise engaged in the performing arts who
23 performs services as such for a television or radio station or network,
24 a film production, a theatre, hotel, restaurant, night club or similar
25 establishment unless, by written contract, such musician or person is
26 stipulated to be an employee of another employer covered by this chap-
27 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.
LBD14354-03-6
S. 7265 2
1 connection with the production of or performance in] any artistic
2 endeavor which requires artistic or technical skill or expertise and
3 subject to an express or implied contract of employment with the owner,
4 manager or operator of such establishment. In determining whether the
5 performer is an employee, the board may consider the performer's member-
6 ship in any professional performer's union and may consider common law
7 factors of employment.
8 § 3. This act shall take effect immediately.
