Relates to clarifying the definition of employees who are performers

Title of bill

An act to amend the workers' compensation law, in relation to clarifying the definition of employees who are performers

1. PURPOSE :

The purpose of this bill is to clarify when a performer may be characterized as an employee when the performer does not have an express or implied contract with the employer,

2. SUMMARY OF PROVISIONS :

The bill amends Workers' Compensation Law (WCL) § 2(4) and § 201(5) to clarify that a performer that does not have an express or implied contract with an owner or manager of an establishment is not an employee within the meaning of the WCL.

3. EXISTING LAW :

WCL § 2(4) and § 201(5) presently provide that the definition of an employee may include a person engaged in the performing arts when he or she engages in acts in connection to a performance or production.

4. LEGISLATIVE HISTORY :

New bill.

5. STATEMENT IN SUPPORT :

The bill would clarify that a person who provides entertainment spontaneously as a volunteer or at an "open-mic" night is not an employee of the owner, manager, or operator of the establishment where the performance took place. Further, it would clarify that this particular provision applies to artists and musicians only. Finally, it would permit proprietors of establishments to permit entertainment to occur without concern that an injury suffered during the performance by a person that the owner, manager or operator has not hired and does not know, will not be held liable in these instances.

6. BUDGET IMPLICATIONS :

None.

7. EFFECTIVE DATE : Immediate.