Assembly Bill A3390

Vetoed By Governor
2015-2016 Legislative Session

Relates to the definition of employee

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Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2015-A3390 - Details

See Senate Version of this Bill:
S4402
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §2, Work Comp L
Versions Introduced in 2013-2014 Legislative Session:
A10132, S7823

2015-A3390 - Summary

Amends the definition of employee in reference to professional musicians and those engaged in the performing arts.

2015-A3390 - Bill Text download pdf 

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

                                  3390

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  fourth  undesignated  paragraph  of subdivision 4 of
section 2 of the workers' compensation law, as added by chapter  903  of
the laws of 1986, is amended to read as follows:
  "Employee" shall also mean, for purposes of this chapter ONLY, AND NOT
FOR  THE  PURPOSES  OF ANY OTHER PROVISION OR STATUTE DEPENDENT UPON THE
DEFINITION OF EMPLOYEE, a professional musician or  a  person  otherwise
engaged in the performing arts who performs services as such for a tele-
vision or radio station or network, a film production, a theatre, hotel,
restaurant,  night  club  or  similar  establishment  unless, by written
contract, such musician or person is stipulated to  be  an  employee  of
another employer covered by this chapter, OR EXEMPT FROM THE REQUIREMENT
OF  COVERAGE BECAUSE THE MUSICIAN OR PERSON IS AN EXECUTIVE OFFICER OF A
CORPORATION WHO IS DEEMED EXCLUDED FROM COVERAGE  UNDER  PARAGRAPHS  (C)
AND  E  OF  SUBDIVISION  SIX  OF  SECTION  FIFTY-FOUR  OF  THIS CHAPTER.
"Engaged in the  performing  arts"  shall  mean  performing  service  in
connection with the production of or performance in any artistic endeav-
or which requires artistic or technical skill or expertise.
  S  2.  This  act  shall take effect immediately and shall apply to all
cases, matters or proceedings pending on such date, or  which  have  not
been  finally  adjudicated  on  such  date or commenced on or after such
date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03796-01-5

2015-A3390A (ACTIVE) - Details

See Senate Version of this Bill:
S4402
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §2, Work Comp L
Versions Introduced in 2013-2014 Legislative Session:
A10132, S7823

2015-A3390A (ACTIVE) - Summary

Amends the definition of employee in reference to professional musicians and those engaged in the performing arts.

2015-A3390A (ACTIVE) - Bill Text download pdf 

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

                                 3390--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on  Labor  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:

  Section 1. The fourth  undesignated  paragraph  of  subdivision  4  of
section  2  of the workers' compensation law, as added by chapter 903 of
the laws of 1986, is amended to read as follows:
  "Employee" shall also mean, for purposes of this chapter ONLY, AND NOT
FOR THE PURPOSES OF ANY OTHER PROVISION OR STATUTE  DEPENDENT  UPON  THE
DEFINITION  OF  EMPLOYEE,  a professional musician or a person otherwise
engaged in the performing arts who performs services as such for a tele-
vision or radio station or network, a film production, a theatre, hotel,
restaurant, night club  or  similar  establishment  unless,  by  written
contract,  such  musician  or  person is stipulated to be an employee of
another employer covered by this chapter, OR EXEMPT FROM THE REQUIREMENT
OF COVERAGE BECAUSE THE MUSICIAN OR PERSON DESCRIBED IN  THIS  PARAGRAPH
IS  AN  EXECUTIVE  OFFICER  OF A CORPORATION WHO IS DEEMED EXCLUDED FROM
COVERAGE UNDER PARAGRAPHS (C)  AND  E  OF  SUBDIVISION  SIX  OF  SECTION
FIFTY-FOUR  OF  THIS  CHAPTER,  AND  WHO,  AFTER SUSTAINING AN OTHERWISE
COVERED INJURY, ELECTS TO WAIVE COVERAGE UNDER THIS CHAPTER PROVIDED  BY
AN  ESTABLISHMENT DESCRIBED IN THIS PARAGRAPH OR ITS COMPENSATION CARRI-
ER. PROVIDED, WHERE A MUSICIAN OR PERSON DESCRIBED IN THIS PARAGRAPH  IS
COVERED  BY A COLLECTIVE BARGAINING AGREEMENT, THE UNION MUST CONSENT TO
SUCH ELECTION . "Engaged in the performing arts" shall  mean  performing
service  in  connection  with  the  production  of or performance in any
artistic endeavor which requires artistic or technical skill  or  exper-
tise.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03796-06-5

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