S T A T E   O F   N E W   Y O R K
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                                  3768

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

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:

  Section 1. Subparagraph 3 of paragraph (b) of subdivision 1 of section
511 of the labor law is REPEALED.
  S 2. Subdivision 1 of section 511 of  the  labor  law  is  amended  by
adding a new paragraph (c) to read as follows:
  (C)  THE  TERM "EMPLOYMENT" DOES NOT INCLUDE THE SERVICES OF A PROFES-
SIONAL MODEL NOR IS A MODEL MANAGER, ADVERTISER, PERSON, CORPORATION  OR
OTHER  ENTITY  AN "EMPLOYER" OF A PROFESSIONAL MODEL FOR THE PURPOSES OF
THIS ARTICLE, WHERE THE PROFESSIONAL MODEL MEETS ALL  OF  THE  FOLLOWING
CRITERIA:
  (1) HAS THE RIGHT TO NEGOTIATE HIS OR HER RATE OF COMPENSATION AND THE
BASIS FOR REIMBURSEMENT FOR EXPENSES;
  (2)  HAS  THE RIGHT TO ACCEPT OR REJECT JOB ASSIGNMENTS, HOURS OF WORK
AND PERFORMANCE LOCATIONS;
  (3) HAS THE RIGHT TO PERFORM SERVICES FOR OTHER  ADVERTISERS,  PERSONS
OR ENTITIES;
  (4) INCURS HIS OR HER OWN EXPENSES, INCLUDING EXPENSES FOR PORTFOLIOS;
  (5)  BEARS  HIS  OR  HER OWN RISK OF LOSS IF A CLIENT FAILS TO PAY ITS
BILL; AND
  (6) RECEIVES NO FRINGE BENEFITS.
  AS USED IN THIS PARAGRAPH, (I) "PROFESSIONAL  MODEL"  MEANS  A  PERSON
WHO,  IN  THE  COURSE  OF  HIS  OR  HER TRADE, OCCUPATION OR PROFESSION,
PERFORMS MODELING SERVICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04796-01-5
              

A. 3768                             2

  (II) "MODELING SERVICES" MEANS THE APPEARANCE BY A PROFESSIONAL  MODEL
IN PHOTOGRAPHIC SESSIONS OR THE ENGAGEMENT OF SUCH MODEL IN LIVE, FILMED
OR TAPED MODELING PERFORMANCES FOR REMUNERATION;
  (III)  "MODEL  MANAGER"  MEANS  A  PERSON  OR  ENTITY WHICH REPRESENTS
PROFESSIONAL MODELS WITH RESPECT TO THEIR MODELING CAREERS.
  S 3. The fifth undesignated paragraph of subdivision 4 of section 2 of
the workers' compensation law is REPEALED.
  S 4. Section 2 of the workers' compensation law is amended by adding a
new subdivision 4-a to read as follows:
  4-A. THE TERM "EMPLOYEE" DOES NOT INCLUDE THE SERVICES  OF  A  PROFES-
SIONAL  MODEL NOR IS A MODEL MANAGER, ADVERTISER, PERSON, CORPORATION OR
OTHER ENTITY AN "EMPLOYER" OF A PROFESSIONAL MODEL FOR THE  PURPOSES  OF
THIS  ARTICLE,  WHERE  THE PROFESSIONAL MODEL MEETS ALL OF THE FOLLOWING
CRITERIA:
  (A) HAS THE RIGHT TO NEGOTIATE HIS OR HER RATE OF COMPENSATION AND THE
BASIS FOR REIMBURSEMENT FOR EXPENSES;
  (B) HAS THE RIGHT TO ACCEPT OR REJECT JOB ASSIGNMENTS, HOURS  OF  WORK
AND PERFORMANCE LOCATIONS;
  (C)  HAS  THE RIGHT TO PERFORM SERVICES FOR OTHER ADVERTISERS, PERSONS
OR ENTITIES;
  (D) INCURS HIS OR HER OWN EXPENSES, INCLUDING EXPENSES FOR PORTFOLIOS;
  (E) BEARS HIS OR HER OWN RISK OF LOSS IF A CLIENT  FAILS  TO  PAY  ITS
BILL; AND
  (F) RECEIVES NO FRINGE BENEFITS.
  AS  USED IN THIS SECTION, (I) "PROFESSIONAL MODEL" MEANS A PERSON WHO,
IN THE COURSE OF HIS OR HER TRADE, OCCUPATION  OR  PROFESSION,  PERFORMS
MODELING SERVICES;
  (II)  "MODELING SERVICES" MEANS THE APPEARANCE BY A PROFESSIONAL MODEL
IN PHOTOGRAPHIC SESSIONS OR THE ENGAGEMENT OF SUCH MODEL IN LIVE, FILMED
OR TAPED MODELING PERFORMANCES FOR REMUNERATION;
  (III) "MODEL MANAGER"  MEANS  A  PERSON  OR  ENTITY  WHICH  REPRESENTS
PROFESSIONAL MODELS WITH RESPECT TO THEIR MODELING CAREERS.
  S  5.  The  closing  paragraph  of subdivision 5 of section 201 of the
workers' compensation law is REPEALED.
  S 6. Section 201 of the workers' compensation law is amended by adding
a new subdivision 5-a to read as follows:
  5-A. THE TERM "EMPLOYEE" DOES NOT INCLUDE THE SERVICES  OF  A  PROFES-
SIONAL  MODEL NOR IS A MODEL MANAGER, ADVERTISER, PERSON, CORPORATION OR
OTHER ENTITY AN "EMPLOYER" OF A PROFESSIONAL MODEL FOR THE  PURPOSES  OF
THIS  ARTICLE,  WHERE  THE PROFESSIONAL MODEL MEETS ALL OF THE FOLLOWING
CRITERIA:
  (A) HAS THE RIGHT TO NEGOTIATE HIS OR HER RATE OF COMPENSATION AND THE
BASIS FOR REIMBURSEMENT FOR EXPENSES;
  (B) HAS THE RIGHT TO ACCEPT OR REJECT JOB ASSIGNMENTS, HOURS  OF  WORK
AND PERFORMANCE LOCATIONS;
  (C)  HAS  THE RIGHT TO PERFORM SERVICES FOR OTHER ADVERTISERS, PERSONS
OR ENTITIES;
  (D) INCURS HIS OR HER OWN EXPENSES, INCLUDING EXPENSES FOR PORTFOLIOS;
  (E) BEARS HIS OR HER OWN RISK OF LOSS IF A CLIENT  FAILS  TO  PAY  ITS
BILL; AND
  (F) RECEIVES NO FRINGE BENEFITS.
  AS  USED IN THIS SECTION, (I) "PROFESSIONAL MODEL" MEANS A PERSON WHO,
IN THE COURSE OF HIS OR HER TRADE, OCCUPATION  OR  PROFESSION,  PERFORMS
MODELING SERVICES;

A. 3768                             3

  (II)  "MODELING SERVICES" MEANS THE APPEARANCE BY A PROFESSIONAL MODEL
IN PHOTOGRAPHIC SESSIONS OR THE ENGAGEMENT OF SUCH MODEL IN LIVE, FILMED
OR TAPED MODELING PERFORMANCES FOR REMUNERATION;
  (III)  "MODEL  MANAGER"  MEANS  A  PERSON  OR  ENTITY WHICH REPRESENTS
PROFESSIONAL MODELS WITH RESPECT TO THEIR MODELING CAREERS.
  S 7. This act shall take effect immediately.