Oregon, Montana Relax Labor Laws For Musicians
Two state laws passed this month, impacting musicians in Oregon and Montana.
Both bills concerned the employment status of musicians working at nightclubs and bars. Previously, musicians in both Oregon and Montana had been considered employees of the music venues that they played at – even if it was just for one night. The state laws required that the venues pay unemployment taxes and workers compensation insurance on the musicians, and withhold taxes from performance fees.
The new legislation in Oregon redefines musicians as independent contractors and in Montana, it exempts musicians from the Workers Compensation law.
From the Flathead Beacon:
Andre Floyd, a Flathead Valley musician, called the bill “outstanding.” Floyd has been a vocal opponent of the law, taking his concerns all the way to the governor’s office. He said the new law not only saves the live music scene, but it opens up doors to other employment opportunities for musicians, such as teaching music at schools under contract.
From OPB News in Portland, OR:
Democratic state Senator Floyd Prozanski told his colleagues the new policy would treat bands and balladeers as independent.
Floyd Prozanski: “You don’t want to be paying unemployment taxes for someone you thought was an independent contractor. This will take care of that and make certain all these different venues who are actually hiring these individuals and groups are not considered their employer.”
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Just curious: Do the majority of free-lance musicians like this? I would think the law requirements to club owners might discourage quite a bit of employment in the field of music.
Rob, I agree. If you or I owned a bar and wanted to have live music on the weekends, the stipulations under the former laws would probably discourage us from doing so.
I am pretty clueless in law; but this seems like a good change to me. It will probably help stop these venues from shying away from us.
Band leaders will want to take care they are not becoming employers as a result. Although the venue does not control the manner and means of performance, often times, depending on the gig, the band leaders could.