Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to labor |
Jan 27, 2015 |
referred to labor |
Assembly Bill A3768
2015-2016 Legislative Session
Sponsored By
WRIGHT
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-A3768 (ACTIVE) - Details
2015-A3768 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 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 Subparagraph 3 of paragraph (b) of subdivision 1 of section 511 of the labor law is REPEALED.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
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