Overview

Do you understand what makes an employee different than an independent contractor? Did you know you can be charged back taxes if the labor board determines you have misclassified the artists you pay?

Learn the rules and get an update on Department of Labor (DOL) guidelines in this video workshop! Dance/NYC Director Michelle Burkhart (an attorney herself) reports on a visit with the DOL and provides easy steps to follow to stay in compliance. Guest speaker Richard G. Kass, an attorney at Bond, Schoeneck & King, PLLC, also provides his expertise on this subject.

This session will help arts organizations determine whether or not those that they employ should be identified as independent contractors or employees. Please note, even though this was a workshop held by Dance/NYC, most of the information applies to all types arts organizations across the country. There are a few specific references to New York State laws.

Original Date of Workshop: September 21, 2009
Duration of Video: 70 minutes

You can view a clip of this video workshop below. You must enroll to view the entire video (enrolling is free!).

Bios of Hosting Organization & Speakers

Dance/NYC is the New York branch office of Dance/USA (a Fractured Atlas Open Arts Network partner), the national service organization for professional dance. It is the mission of Dance/NYC to strengthen professional dance in the five boroughs of New York City and to serve as spokesperson on behalf of the field to the media, to the non-profit sector, to local and state government, and to the field itself. This is accomplished through three focus areas: advocacy, communications, and services to the field. Dance/NYC prides itself on supporting and nurturing the future of dance. Many valuable dance artist services and resources can be found on their website at www.dancenyc.org.

Michelle Burkhart has over 20 years experience in arts and business. Michelle is founder and CEO of Spectrum Equality Arts, Inc., a consulting firm dedicated to supporting culturally specific artists and arts organizations. She has worked as Director and Development Director for Dance/NYC since October 2006. Prior to Dance/NYC, Michelle worked with Complexions Contemporary Ballet as Executive Director and Administrative Director for Ballet Hispanico. Ms. Burkhart has over ten years experience in the non-profit sector, six years in the for-profit arena, and a 12 year career as a professional dancer. Additionally, Michelle is an adjunct professor at New York University where she teaches and has designed various courses in the Arts Administration SCPS Graduate Program. She has served as a panelist for Westchester Arts Council and the New York City Department of Cultural Affairs and has worked with Columbia University and Cornell University in an advisory capacity on research and academic arts studies. She was named a Tenenbaum Leadership Institute Fellow at New School University in 2008. She holds a B.S. in Organizational Behavior from University of San Francisco as well as a J.D. with specialization in sports and entertainment law from Golden Gate University.

Richard G. Kass, an attorney at Bond, Schoeneck & King, PLLC, has practiced exclusively in the field of Labor and Employment Law on behalf of management for more than 20 years. He represents a wide range of employers in such industries as civil engineering, printing, manufacturing, retail, catering, and education. His practice encompasses all aspects of Labor and Employment Law, in both the private and public sectors. In addition to defending employers in litigation, engaging in collective bargaining, and counseling clients on a variety of workplace issues, Mr. Kass has trained hundreds of managers and supervisors in preventing workplace harassment. Bar associations and management groups have asked him to lecture on such topics as employee discipline, wage and hour regulations, the investigation of alleged workplace misconduct, and the drafting and enforcement of noncompetition agreements. Mr. Kass has taught Labor and Employment Law at the State University of New York at Old Westbury and at the Pratt Institute as an adjunct professor.

Overview

The traditional approach to training dancers has been effective in turning out highly skilled practitioners of a difficult art, but only at great cost to the dancers themselves. A consistent lack of interest in helping dancers cope with the demands of the training they undergo has led to a startlingly high rate of physical, emotional, and mental difficulties among dance students.

The past few decades have seen the emergence of a growing concern about the physical, emotional, and mental well-being of dance students. Recently, a number of professional dance schools have created programs designed to help ensure the wellness of their dancers.

This video workshop explores how dance schools have integrated wellness programs into the traditional model of training and how such programs can be most effectively designed and implemented in small to large dance companies and schools.

Please note, the information contained in this workshop, though specific to ballet programs, is applicable to all types of dancers, dance teachers, and anyone involved in dance.

Original Date of Workshop: November 24, 2009
Duration of Video: 90 minutes

You can view a clip of this video workshop below. You must enroll to view the entire video (enrolling is free!).

Bios of Hosting Organization & Speakers

Dance/NYC is the New York branch office of Dance/USA (a Fractured Atlas Open Arts Network partner), the national service organization for professional dance. It is the mission of Dance/NYC to strengthen professional dance in the five boroughs of New York City and to serve as spokesperson on behalf of the field to the media, to the non-profit sector, to local and state government, and to the field itself. This is accomplished through three focus areas: advocacy, communications, and services to the field. Dance/NYC prides itself on supporting and nurturing the future of dance. Many valuable dance artist services and resources can be found on their website at www.dancenyc.org.

Michelle Burkhart has over 20 years experience in arts and business. Michelle is founder and CEO of Spectrum Equality Arts, Inc., a consulting firm dedicated to supporting culturally specific artists and arts organizations. She has worked as Director and Development Director for Dance/NYC since October 2006. Prior to Dance/NYC, Michelle worked with Complexions Contemporary Ballet as Executive Director and Administrative Director for Ballet Hispanico. Ms. Burkhart has over ten years experience in the non-profit sector, six years in the for-profit arena, and a 12 year career as a professional dancer. Additionally, Michelle is an adjunct professor at New York University where she teaches and has designed various courses in the Arts Administration SCPS Graduate Program. She has served as a panelist for Westchester Arts Council and the New York City Department of Cultural Affairs and has worked with Columbia University and Cornell University in an advisory capacity on research and academic arts studies. She was named a Tenenbaum Leadership Institute Fellow at New School University in 2008. She holds a B.S. in Organizational Behavior from University of San Francisco as well as a J.D. with specialization in sports and entertainment law from Golden Gate University.

Michelina Cassella Kulak, PT is a graduate of the University of Connecticut, School of Physical Therapy. She is currently director of the Department of Physical Therapy and Occupational Therapy Services at Children’s Hospital in Boston. She is a lecturer in orthopedic surgery at Harvard University and is currently on the faculty of Boston Conversatory’s dance division. She was formerly the Associate Director of the physical therapy program at Simmon’s College and was an instructor at both Boston University and Northeastern University. She is currently a guest lecturer at the Massachusetts General, School of Allied Health Professionals and is the Director of Physical Therapy Services at Boston Ballet. She has lectured extensively both nationally and internationally on the topics of dance medicine and the physical therapy management of adolescent idiopathic scoliosis. In 2002, Cassella established The Adaptive Dance Program for Children with Down Syndrome at Boston Ballet. Her writings can be found in several professional journals and academic textbooks.

Rachel S. Moore, a former member of American Ballet Theatre’s corps de ballet from 1984-1988, was named Executive Director of ABT in April 2004. Prior to her appointment, she served as Director of Boston Ballet’s Center for Dance Education (2001-2004). From 1998-2001, Moore served as Executive Director of Project STEP, a classical music school for students of color in Boston, and Managing Director of Ballet Theatre of Boston. She has also held senior positions with Americans for the Arts and the National Cultural Alliance, both in Washington, DC. In 1990, Moore also served as an Arts Administration Fellow at the National Endowment for the Arts. Moore was named a White House Presidential Scholar in the Arts in 1982, served as an advisor to the Diversity Committee at Boston Symphony Orchestra, and currently serves on the boards of Dance/USA, the National Dance Foundation of Bermuda, and the Child Performer Advisory Board for the New York State Department of Labor. Moore served as adjunct faculty at Emerson College and taught non-profit finance in the Graduate Program in Arts Administration at Boston University. She currently teaches in the Arts Administration program at Columbia University. Moore holds a bachelor’s degree from Brown University, a Masters in Arts Administration from Columbia University, and was a Fellow at the Executive Program for Nonprofit Leaders in Arts at Stanford Business School.

Elisabeth Morray began teaching and working as an administrator for the Boston Ballet while pursuing her undergraduate education at Boston University. During this time, she played a central role in the creation, implementation, and evaluation of the “Wellness Initiative” at the Boston Ballet Center for Dance Education. After receiving her BS in psychology, she went on to receive a Masters in Counseling from Boston College and will receive her doctorate in Counseling Psychology from the University of Texas at Austin in 2010. Elisabeth’s clinical work and research has focused upon adolescent females, specifically those at risk of developing eating disorders, including dancers, gymnasts, and figure skaters. Elisabeth is currently creating and implementing primary prevention programming for the University of Bridgeport’s NCAA Division II women’s gymnastics team.

Carol Shiffman is a well-respected member of the national arts community, with a career spanning work in many arenas. She was a dancer/choreographer, dance company and multi-arts center artistic director for Momentum in Los Angeles, a senior grants officer overseeing multiple programs at the California Arts Council, executive director and presenter at Centrum in Washington state, chair of the music department at Cornish College of the Arts (also presenter of the award-winning Cornish Music Series), and dean of the Conservatory of Dance at Purchase College-SUNY. She is currently the executive director of the Music Conservatory of Westchester.

Elizabeth Sullivan began her early years as a dancer with the Berkshire Ballet School and North Carolina School of the Arts, where she majored in classical ballet. Sullivan also trained with pre-professional ballet schools, including San Francisco Ballet School, the Boston Ballet School, the Kirov Academy, and the Hungarian National Ballet Academy in Budapest. At age 19, Sullivan joined the Cleveland/San Jose Ballet as an apprentice, going on to dance in soloist and principal roles. She joined the Boston Ballet in 1995. After two years, Sullivan matriculated to Dartmouth College where she majored in classical archaeology. She later moved to Italy, where she taught English and ran Dartmouth’s local study abroad program. She then went on to earn an M.A. in Arts Administration at Columbia University. While at Columbia, she held internships with The Joyce Theatre and American Ballet Theatre. She currently works for ABT as the Coordinator of Member Events and Services.