Rpld S511 sub 1 (b) sub 3, amd S511, Lab L; rpld S2 sub 4 5th undesig , S201 sub 5 cl , amd SS2 & 201, Work
Comp L
Relates to the definition of employment as it concerns professional models and the individuals or entities which engage them; defines under what circumstances a model would be considered an independent contractor.
STATE OF NEW YORK
________________________________________________________________________
1498
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
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:
1 Section 1. Subparagraph 3 of paragraph (b) of subdivision 1 of section
2 511 of the labor law is REPEALED.
3 § 2. Subdivision 1 of section 511 of the labor law is amended by
4 adding a new paragraph (c) to read as follows:
5 (c) The term "employment" does not include the services of a profes-
6 sional model nor is a model manager, advertiser, person, corporation or
7 other entity an "employer" of a professional model for the purposes of
8 this article, where the professional model meets all of the following
9 criteria:
10 (1) has the right to negotiate his or her rate of compensation and the
11 basis for reimbursement for expenses;
12 (2) has the right to accept or reject job assignments, hours of work
13 and performance locations;
14 (3) has the right to perform services for other advertisers, persons
15 or entities;
16 (4) incurs his or her own expenses, including expenses for portfolios;
17 (5) bears his or her own risk of loss if a client fails to pay its
18 bill; and
19 (6) receives no fringe benefits.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00238-01-9
A. 1498 2
1 As used in this paragraph, (i) "professional model" means a person
2 who, in the course of his or her trade, occupation or profession,
3 performs modeling services;
4 (ii) "modeling services" means the appearance by a professional model
5 in photographic sessions or the engagement of such model in live, filmed
6 or taped modeling performances for remuneration;
7 (iii) "model manager" means a person or entity which represents
8 professional models with respect to their modeling careers.
9 § 3. The fifth undesignated paragraph of subdivision 4 of section 2 of
10 the workers' compensation law is REPEALED.
11 § 4. Section 2 of the workers' compensation law is amended by adding a
12 new subdivision 4-a to read as follows:
13 4-a. The term "employee" does not include the services of a profes-
14 sional model nor is a model manager, advertiser, person, corporation or
15 other entity an "employer" of a professional model for the purposes of
16 this article, where the professional model meets all of the following
17 criteria:
18 (a) has the right to negotiate his or her rate of compensation and the
19 basis for reimbursement for expenses;
20 (b) has the right to accept or reject job assignments, hours of work
21 and performance locations;
22 (c) has the right to perform services for other advertisers, persons
23 or entities;
24 (d) incurs his or her own expenses, including expenses for portfolios;
25 (e) bears his or her own risk of loss if a client fails to pay its
26 bill; and
27 (f) receives no fringe benefits.
28 As used in this section, (i) "professional model" means a person who,
29 in the course of his or her trade, occupation or profession, performs
30 modeling services;
31 (ii) "modeling services" means the appearance by a professional model
32 in photographic sessions or the engagement of such model in live, filmed
33 or taped modeling performances for remuneration;
34 (iii) "model manager" means a person or entity which represents
35 professional models with respect to their modeling careers.
36 § 5. The closing paragraph of subdivision 5 of section 201 of the
37 workers' compensation law is REPEALED.
38 § 6. Section 201 of the workers' compensation law is amended by adding
39 a new subdivision 5-a to read as follows:
40 5-a. The term "employee" does not include the services of a profes-
41 sional model nor is a model manager, advertiser, person, corporation or
42 other entity an "employer" of a professional model for the purposes of
43 this article, where the professional model meets all of the following
44 criteria:
45 (a) has the right to negotiate his or her rate of compensation and the
46 basis for reimbursement for expenses;
47 (b) has the right to accept or reject job assignments, hours of work
48 and performance locations;
49 (c) has the right to perform services for other advertisers, persons
50 or entities;
51 (d) incurs his or her own expenses, including expenses for portfolios;
52 (e) bears his or her own risk of loss if a client fails to pay its
53 bill; and
54 (f) receives no fringe benefits.
A. 1498 3
1 As used in this section, (i) "professional model" means a person who,
2 in the course of his or her trade, occupation or profession, performs
3 modeling services;
4 (ii) "modeling services" means the appearance by a professional model
5 in photographic sessions or the engagement of such model in live, filmed
6 or taped modeling performances for remuneration;
7 (iii) "model manager" means a person or entity which represents
8 professional models with respect to their modeling careers.
9 § 7. This act shall take effect immediately.
