Quote:
Originally Posted by mikesouth
On this issue we disagree...heres why
It is the agents responsibility to insure that the workplace carries the proper workers comp insurance. IIRC the agency must keep records of every job every performer is sent on. OSHA falls under the Dept of Industrial relations
now you do the math...this is gonna get UGLY
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I dont know if I fully understand your response.
What case law/ holding are you referring to that states it is an agent's responsibility to pull the insurance coverage for every production company they book talent with?
Here is the database of every talent agency case under the Talent Agency's Act since 1982 and I cant find a case on point with your statement...
http://www.dir.ca.gov/dlse/dlse-tacs.htm
Nor do I see a similar case on a database of important cases on ATA's (Association of Talent Agents) website (by the way this is the group that LATATA was based upon)
http://www.agentassociation.com/fron...Recent%20Cases
Your statement means they would have to pull the insurance on every job they book the talent on every time that talent works for any company (insurance can be terminated at any point). This would be unduly burdensome for agents. And I dont think the law requires that or it would say it. When you analyze a statute you look at the plain meaning. I dont read "pull work comp insurance" from
"No talent agency shall send or cause to be sent, any
artist to any place where the health, safety, or welfare of the
artist could be adversely affected, the character of which place the
talent agency could have ascertained upon reasonable inquiry."
Reasonable inquiry doesnt mean requiring proof of insurance. Should agents do more to protect talent - absolutely. Pulling work comp insurance goes too far though. Thats a slippery slope. Do agents have to run background checks on every person on set to make sure no one has been convicted of a violent felony ?
The act has gone through several changes and most recently was modified in 1986. If they wanted to add that language the Legislature could have easily added that language since every employer in California is required to have work comp insurance but they didnt.
http://www.dir.ca.gov/dwc/faqs.html
Again AHF is chasing its tail. They are trying to enforce an unenforceable law that no one wants to take an active role in enforcing from the City of Los Angeles to LAPD to the Los Angeles County Health Department. Even AB 332 has an excellent chance of dieing in committee... Its been referred to Arts, Entertainment, Sports, Tourism, and Internet Media.
http://aart.assembly.ca.gov/
Its not even set to be heard yet...
http://aart.assembly.ca.gov/billhearings
If its not heard before Spring Recess (March 21) it probably wont make it out of committee. Its been sitting now for almost 3 weeks with no action and no hearing date...