N.Y. Labor Law 150 – Definitions
For the purpose of this article:
Terms Used In N.Y. Labor Law 150
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
1. “Artistic or creative services” shall include, but are not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist, runway or print model, or other performer or entertainer, or as a songwriter, musical producer or arranger,
producer, production executive, choreographer, composer, conductor, or designer.
2. “Child performer” shall mean any child under the age of eighteen who (a) resides in the state of New York and who agrees to render artistic or creative services; or
(b) agrees to render artistic or creative services in the state of New York.
3. “Child performer’s employer” shall mean a person or entity which employs a child performer to furnish artistic or creative services for a fee either directly or through a third-party provider (loan-out company) or an agency or service that provides artistic or creative services (casting agency).
4. “Child performer trust account” shall mean an account established for the benefit of a child performer in accordance with part seven of Article 7 of the estates, powers and trusts law.
5. “Gross earnings” shall mean the total compensation prior to taxes, deductions, or commissions payable to a child performer pursuant to a contract or in the case of a third-party individual or personal services corporation (loan-out company), the total compensation paid to the third-party for the services of the child performer. However, where the child performer is employed as a musician, singer, songwriter, musical producer, or arranger it means the total compensation under the contract including advances but excluding deductions to offset those advances or other expenses incurred by the employer pursuant to the contract.
6. “Permit” shall refer to the documentation issued by the department to a child performer pursuant to this article.
7. “Certificate of eligibility” shall refer to the documentation issued by the department to an employer of a child performer pursuant to this article.
8. “Employment schedule” shall mean the time that a child performer is required to be present at the actual place of employment, excluding travel.