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Are all models required to be classified as employees in NY?

Came across this blurb in the DOL's guidance found at 4. Professional models who model for, or who consent in writing to transfer use of their name or likeness for advertising or trade to, a person or entity that controls assignments, hours of work or performance location and that compensates them, in return for a waiver of their privacy rights, unless they perform services under a written contract that states the model is an employee of another covered employer. We have an individual that literally comes in once a week as a fit model. I think the above is "n/a", but figured someone in the Proformative knowledge community may have run into this. The images are not used for adverts and face is not displayed 99% of the time. Clothing is displayed on the individual's physical frame.


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