STATE OF NEW YORK
        ________________________________________________________________________
                                          10283
                   IN ASSEMBLY
                                      May 20, 2016
                                       ___________
        Introduced by M. of A. TITONE -- read once and referred to the Committee
          on Labor
        AN  ACT  to  amend  the workers' compensation law, relating to the defi-
          nition of employee; and providing for the repeal of such provisions
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  fourth  undesignated  paragraph  of subdivision 4 of
     2  section 2 of the workers' compensation law, as added by chapter  903  of
     3  the laws of 1986, is amended to read as follows:
     4    "Employee" shall also mean, for purposes of this chapter only, and not
     5  for  the  purposes  of any other provision or statute dependent upon the
     6  definition of employee, a professional musician or  a  person  otherwise
     7  engaged in the performing arts who performs services as such for a tele-
     8  vision or radio station or network, a film production, a theatre, hotel,
     9  restaurant,  night  club  or  similar  establishment  unless, by written
    10  contract, such musician or person is stipulated to  be  an  employee  of
    11  another  employer  covered  by  this chapter. "Engaged in the performing
    12  arts" shall mean performing service in connection with the production of
    13  or performance in any artistic endeavor which requires artistic or tech-
    14  nical skill or expertise. However, a musician or person who is an execu-
    15  tive officer of a  corporation  which  contracts  for  the  musician  or
    16  person's services, and who if not a musician or person otherwise engaged
    17  in  performing arts would be deemed excluded from coverage by paragraphs
    18  (c) and e of subdivision six of section fifty-four of this chapter, will
    19  not be an "employee" for purposes of this chapter if  such  musician  or
    20  person  establishes,  before  the board or in a court of law, that he or
    21  she would not be an "employee" at common law; and in making such  deter-
    22  mination,  the  board  or  the court will consider the degree of control
    23  exercised by the purported employer over the  results  produced  or  the
    24  means  used  to  achieve  the  results, examining the following factors:
    25  whether the musician or person (a) worked at his or her own convenience,
    26  (b) was free to engage in other employment, (c)  received  fringe  bene-
    27  fits,  (d)  was on the employer's payroll, and (e) was on a fixed sched-
    28  ule.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15407-01-6
        A. 10283                            2
     1    § 2. This act shall take effect immediately and  shall  apply  to  all
     2  cases,  matters  or  proceedings pending on such date, or which have not
     3  been finally adjudicated on such date or  commenced  on  or  after  such
     4  date;  provided,  however,  that  this  act  shall  expire and be deemed
     5  repealed 3 years after such effective date.