therefor, repay to the artist the fee and expenses so collected. Unless repayment thereof is made within
48 hours after demand therefor, the talent agency shall pay to the artist an additional sum equal to the
amount of the fee.
(b) No talent agency may refer an artist to any person, firm, or corporation in which the talent agency
has a dire
ct or indirect financial interest for other services to be rendered to the artist, including, but not
limited to, photography, audition tapes, demonstration reels or similar materials, business management,
personal management, coaching, dramatic school, casting or talent brochures, agency-client directories,
or other printing.
(c) No talent agency may accept any referral fee or similar compensation from any person, association,
oration providing services of any type expressly set forth in subdivision (b) to an artist under
contract with the talent agency.
§ 1700.41. Reimbursement of artist for expenses incurred in going outside city in unsuccessful
effort to obtain employment
In cases where an artist is sent by a talent agency beyond the limits of the city in which the office of
talent agency is located upon the representation of such talent agency that employment of a
particular type will there be available for the artist and the artist does not find such employment available,
such talent agency shall reimburse the artist for any actual expenses incurred in going to and returning
from the place where the artist has been so sent unless the artist has been otherwise so reimbursed.
§ 1700.42 (repealed)
§ 1700.43 (repealed)
§ 1700.44. Reference of disputes to Labor Commissioner; Statute of limitations; Unlicensed
In cases of controversy arising under this chapter, the parties involved shall refer the matters in
to the Labor Commissioner, who shall hear and determine the same, subject to an appeal within
10 days after determination, to the superior court where the same shall be heard de novo. To stay any
award for money, the party aggrieved shall execute a bond approved by the superior court in a sum not
exceeding twice the amount of the judgment. In all other cases the bond shall be in a sum of not less
than one thousand dollars ($1,000) and approved by the superior court.
The Labor Commissioner may certify without a hearing that there is no controversy within the meaning
of this section
if he or she has by investigation established that there is no dispute as to the amount of the
fee due. Service of the certification shall be made upon all parties concerned by registered or certified
mail with return receipt requested and the certification shall become conclusive 10 days after the date of
mailing if no objection has been filed with the Labor Commissioner during that period.
(b) Notwithstanding any other provision of law to the contrary, failure of any person to obtain a license
from the Labor
Commissioner pursuant to this chapter shall not be considered a criminal act under any
law of this state.
(c) No action or proceeding shall be brought pursuant to this chapter with respect to any violation which
to have occurred more than one year prior to commencement of the action or proceeding.
(d) It is not unlawful for a person or corporation which is not licensed pursuant to this chapter to act in
conjunction with, and at the request of, a licensed talent agency in the negotiation of an employment
§ 1700.45. Contract provision for arbitration; Provisions prerequisite to validity
Notwithstanding Section 1700.44, a provision in a contract providing for the decision by arbitration of
any controversy under
the contract or as to its existence, validity, construction, performance,
nonperformance, breach, operation, continuance, or termination, shall be valid:
(a) If the provision is contained in a contract between a talent agency and a person for whom the talent
under the contract undertakes to endeavor to secure employment, or
(b) If the provision is inserted in the contract pursuant to any rule, regulation, or contract of a bona fide
labor union regulating the relations of its members to a talent agency, and
DLSE 2009 (Rev. 1/09)
Laws Relating to Talent Agencies