Relates to the definition of artists and theatrical employment agencies

Summary of specific provisions

Sections 1 and 3 of the bill would amend the General Business Law and the Arts and Cultural Law, respectively, to add a definition of "artist" and to make corresponding amendments to definitions of "theatrical employment agency" and "theatrical engagement."

Section 2 would amend the general business law to provide that, as is the case for other types of employment agencies and consistent with widespread practice, a theatrical employment agency may charge a fee absent a written contract if, the agency is responsible for referring the job applicant to an employer or an employer to a job applicant which results in employment for such applicant. The bill would clarify a fee is permitted where such theatrical employment agency represents an artist in a negotiation or renegotiation of an original or pre-existing contract. The bill would exempt theatrical employment agencies from the inapplicable requirement of offering installment plans.

Effects of present law which this bill would alter

Section 171 of the General Business Law and section 37.01 of the Arts and Cultural Affairs Law define theatrical engagements to apply to actors and performers related to the circus, vaudeville, the variety field, the legitimate theater, motion pictures, radio, television, phonograph recordings, transcriptions, opera, concert, ballet. Modeling or other entertainments or exhibitions or performances,

Section 181 of the General Business Law requires employment.agencies to provide to each applicant for employment a copy of the contract between such agency and applicant. The contract is to have pre-printed the statutory provisions of sections 385 and 186, relating to provisions primarily concerning domestics, Laborers, industrial workers and mechanics, among others.

Section 185 provides that the fees charged or accepted by an employment agency for Class "A" (i.e., domestics, household employees, unskilled or untrained manual workers and laborers, including agricultural workers; and Class "A1" (i.e., non-professional trained or skilled industrial workers or mechanics) workers are not subject to the requirement, of a written contract, but in no event shall the fee charged exceed the fee ceiling enumerated in statute. Employment agencies must offer applicants installments periods of five or ten weeks to pay applicable fees.

Justification

Theatrical employment is different from most other types of employment and has been the subject of longstanding practices, procedures and bonafide guild/union agreements that distinguish theatrical employment agencies from, the typical employment agency. For this reason, certain statutory requirements in current law, particularly relating to the mandatory contract requirement of inapplicable provisions and contractual relationships between theatrical employment agencies and artists, do not reflect the custom and practice in the industry. This bill would make modest changes to the law to do so, while not compromising the protections and statutory fee for artists.

Specifically, the bill would amend the definition of theatrical engagements which are currently limited to actors and performers and as Class C employment. Thus, all other theatrical-related engagements for writers; directors, and cinematographers, among others, are classified as Class B employment - along with clerical workers. Class B statutory requirements are based on monthly salaries for job applicants and have little applicability to theatrical engagements.

The bill would modernize these definitions so employment related to theatrical engagements including for writers, directors and cinematographers - are appropriately classified as Class C and are not subject to the incompatible requirements for Class B employment. The bill would also authorize theatrical employment agencies to provide a notice of applicable provisions relating to fee ceilings and return of fees in written contracts relating to theatrical engagements. The current statutory provisions relate principally to fees and fee refunds concerning domestics, laborers, industrial workers and mechanics and not artists and are confusing in the context of theatrical engagements for artists.

Current law provides that contracts for domestics, household employees, unskilled or untrained manual workers, laborers, including agricultural workers, non-professional trained or skilled industrial workers, and mechanics need not be in writing in order for an employment agency a fee. The bill would include theatrical employment agencies to the current exception provided the theatrical agency has referred the artist to an employer or vice versa and has resulted in employment and circumstances where the theatrical employment agency is engaged by artist in the negotiating or renegotiating an original or pre-existing contract subject an statutory fee ceilings.

The bill would exempt theatrical employment agencies from the requirement of installment plans for the payment of theatrical agency fees. Installment plans make- no sense in the entertainment industry, since artists are typically engaged on a per production basis. Accordingly, establishing a framework for an artist to make installment payments does not work. Of course, theatrical employment agencies would continue to receive nothing unless and until the artist has compensation and then only on the amount the artist is paid and subject to the statutory fee ceiling.

Prior legislative history

This is a new bill.

Fiscal implications for state and local governments

None.

Effective date

Immediately.