Subpart
1.
Definition.
An orchestra leader or union contractor is the assembler or
leader of a musical group that plays music in public for compensation.
Subp. 2.
Independent
contractor.
An orchestra leader is an independent contractor if all of the
following conditions are substantially met.
A. The leader selects the members and
rehearses and directs them.
B. The
leader holds out to the public as being able to furnish a musical organization
and enter into contracts to furnish music.
C. The leader has the primary right to
control the orchestra members as to how, when, and where they work.
D. The leader is charged with all expenses
the orchestra incurs, and, after paying expenses and the salaries or hourly
wages of the other members, suffers a loss or realizes a profit from the
undertaking.
E. The leader is paid
a lump sum for an engagement.
F.
The purchaser of the music deals directly with the leader.
G. The purchaser retains only such control
over the leader as to ensure the attainment of the desired result, such as the
privilege of making suggestions on the type or style of music and number of
musicians wanted.
Subp.
3.
Subcontractor.
Where the leader is an independent contractor, the purchaser of
music is responsible for the workers' compensation coverage of group members
other than the leader under Minnesota Statutes, section
176.205,
unless those members are independent contractors with respect to the leader or
the purchaser.
Subp. 4.
Employee.
The orchestra leader or assembler and members of the musical
group are employees of the purchaser of musical services if all of the
following criteria are substantially met.
A. The purchaser hires a musician (usually
called a union contractor) to assemble an orchestra to play at the purchaser's
establishment. The purchaser specifies the number of musicians, the type of
instruments, and the price per musician.
B. The assembler of the group may be the
orchestra leader if the purchaser designates him or her as the
leader.
C. The purchaser may accept
all the musicians who have been assembled or make changes in the personnel with
or without an audition.
D. The
purchaser pays for the services on an hourly basis and is responsible for the
business expenses of the group.
