Bill Text: NY A01498 | 2009-2010 | General Assembly | Introduced
Bill Title: 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' compensation law relating thereto
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to labor [A01498 Detail]
Download: New_York-2009-A01498-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1498 2009-2010 Regular Sessions I N A S S E M B L Y (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 Subparagraph 3 of paragraph (b) of subdivision 1 of section 2 511 of the labor law is REPEALED. 3 S 2.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 S 3. The fifth undesignated paragraph of subdivision 4 of section 2 of 10 the workers' compensation law is REPEALED. 11 S 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 S 5. The closing paragraph of subdivision 5 of section 201 of the 37 workers' compensation law is REPEALED. 38 S 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 S 7. This act shall take effect immediately.