Current through Register Vol. 49, No. 27, December 30, 2024
Subpart
1.
Definition.
A variety entertainer is a person who entertains and amuses
audiences by means of acts or skits, dances, readings, feats of skill, songs,
or comedy acts. The entertainer performs in the legitimate and burlesque
theaters, movie houses, circuses, fairs, hotels, and night clubs.
Variety entertainers specialize in one or two types of acts.
The more talented create and develop their own acts or routines and sometimes
train others to help perform them. They often work in pairs or as members of
troupes.
Subp. 2.
Neutral factors.
The status of a variety entertainer is not determined by the
entertainer's entering into the form B contract of the American Federation of
Musicians. This contract purports to establish an employer and employee
relationship between the purchaser of the services and the entertainer. The
actual relationship, rather than the terms of the contract, governs.
Subp. 3.
Independent
contractor.
A variety entertainer is an independent contractor if all of
the following criteria are substantially met.
A. The entertainer performs acts or routines
as a series of short-term engagements for a number of different operators of
theaters, night clubs, restaurants, and similar establishments.
B. The entertainer's contract, which is
usually obtained through booking agents or personal representatives, specifies
only the time, place, and duration of each engagement, and the pay.
C. The entertainer furnishes his or her own
music arrangements, stage props, and dress.
D. The entertainer's act is not an integral
part of another's business.
E. The
entertainer maintains a high degree of individuality and establishes a
reputation based on the acceptance by the audiences for which the entertainer
performs.
Subp. 4.
Employee.
A variety entertainer is an employee when all of the following
criteria are substantially met.
A. The
entertainer is subject to supervision over the number, time, place, and length
of rehearsals and performances, and as to duty and behavior, and is bound by
rules and regulations to the purchaser of the services.
B. The entertainer's variety acts may undergo
considerable change in order to suit the employer's purpose. It may be
shortened, lengthened, or moved from one spot to another to weld it, with
others, into one complete show or to coordinate it with other activities. In
that case, individuality of the performer is subordinated to the purpose of
enhancing the reputation of the purchaser of the services.
C. The entertainer's performance becomes an
integral part of another's business.
D. The entertainer is engaged on a long-term
basis.
E. The entertainer may not
work for others.
F. The entertainer
has no opportunity for profit or risk of loss, must frequently work with
others, and can be shifted from one place to another.
G. The entertainer can be discharged at any
time.
H. The entertainer cannot
hire helpers or substitutes.
Statutory Authority: MS s
176.041;
176.83
