Are Casino Entertainers on the Casino Payrolls?

I travel to Las Vegas a couple times a year mainly to see shows. I feel so bad for all of the incredible artistic talent that is shut down right now. I assume most, if not all, shows are not hotel-casino owned. Are there any casinos that employ entertainment workers on their payroll, or are they all independent contractors that just rent space to perform? I heard gig workers could apply for unemployment insurance for the first time. Is that happening in Nevada now?

To answer your second question first, we turned to Troy Heard, founder of Majestic Repertory Theatre in Las Vegas.

“It all depends on the show,” he says. “I know some performers who were fortunate to have long-term contacts with production shows and were immediately eligible for unemployment. Then there are the actual ‘gig workers’ who are independent contractors. Traditionally, they're not eligible to receive unemployment, but the CARES Act created a proviso so they can now apply."

As for your first question, Cult Vegas author Mike Weatherford informs us, “The only show I can think of that’s still owned by the casino itself is Le Reve, and even there, the payroll might be through a different LLC and not Wynn [Resorts]. Most shows big and small are separate production companies that contract with the hotel, though there can be very small degrees of separation with what people think of as ‘house’ shows." He cited the Strat’s Celestia and Excalibur’s Tournament of Kings. “I'm not sure, however, of the breakdown on how many 1099 their performers versus employ them full-time on the payroll with benefits.”

We're in Phase One of the Nevada-reopening protocol and live entertainment is still off-limits.

But what of the future. “We will absolutely be reopening, keeping in line with the guidelines laid out by the governor,” Troy Heard says. “Majestic Rep is a scrappy storefront with a national reputation, so we're fortunate to have a lot of community support. We’re researching Best Practices being developed by other theaters around the world and applying it to our unique situation. We're used to being daring and innovative, so if that means we're creating premium shows for limited audiences, or even drive-up theater, we'll be the first to do it and with a gleeful edge.”

Are Vegas entertainers on the casino payroll or independent contractors?

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Jackie May-19-2020

Contracts

Most entertainment contracts in any form of entertainment have "Acts of God" or Disasters clauses in them that guarantees continued payment for performances during times that performances can not be made due to no fault of their own. Now whether or not a "Pandemic" qualifies as such an act is what lawyers get wealthy arguing in court about.
Independent contractors have no such clause in their contracts unless the contract included a "Performance Bond" which doesn't pay them for missed time but keeps them from losing the Bond money put up and usually contains the language of "Unforeseen Events" that covers more than "Acts of God". Therefore being financially taken care of in a Pandemic is "Iffy" in both cases.

Brent May-19-2020

COVID-19 is not a force majeure

Jackie, every lawyer I know agrees that a pandemic is not a force majeure (act of god) under the standard clauses that have been in use for the last 40 years.

O2bnVegas May-19-2020

God knows

God must have been a lawyer in his past life.  LOL.

rokgpsman May-19-2020

The Venetian reopening soon

I saw an announcement that The Venetian was planning to reopen June 1st. And they have a giveaway for free nights in a hotel suite for first responders.
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Sharing the Love with Our Community Heroes
 
The Venetian anticipates that we will be opening our doors to guests beginning Monday, June 1st. With the reopening, we are excited to announce the launch of Share the LOVE, a program to donate 50,000 free nights to essential workers and first responders who have provided crucial services in the fight against the COVID-19 pandemic.

For every night you stay at The Venetian through the Give LOVE offer, the resort will donate a suite night on your behalf to someone who has selflessly given of themselves. The Get LOVE offer provides the opportunity for those first responders and essential workers to receive a complimentary night at our iconic resort. As we open our doors, we can all honor the people who have carried us through this tremendous time.

Question of the Day - 19 May 2020

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