Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter B - OPERATION OF PRIVATE EMPLOYMENT AGENCIES › THEATRICAL AGENCIES › Section 9.32 - Theatrical engagements by foreign agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions.
The
					 following words and terms, when used in this section, have following meanings,
					 unless the context clearly indicates otherwise:
Endorsing agent
-A class "2" employment
						agent duly licensed by the Department under the act and this subchapter, who
						approves the contract for a theatrical engagement by a foreign agent.
Foreign agent
-A theatrical agent or
						employment agent validly operating under the law of the state in which he has
						his principal place of business.
(b)
Approval by endorsing agent.
A foreign agent may make a theatrical engagement in this Commonwealth
					 if the contract for such engagement is in writing and is approved by an
					 endorsing agent. Except as provided for in subsection (c), such approval shall
					 be given prior to commencement of the engagement. The approval shall be an
					 endorsement signed by the agent or, in the case of a corporation, an officer of
					 such corporation. The endorsement shall appear in all copies of the
					 contract.
(c)
Emergency
					 engagement.
In the case of an emergency engagement, as defined by
					 section 2 of the act (43 P. S. §
												536(2)), the endorsement
					 shall be made within 48 hours after the engagement is made and, in no case,
					 more than 48 hours after the commencement of the engagement.
(d)
Responsibility of endorsing
					 agent.
The endorsing agency shall be responsible for compliance with
					 all conditions and requirements of the act and this subchapter. All statements,
					 forms, and contracts required to be filed by the act shall be filed with the
					 endorsing agent. The endorsing agent shall be considered the employment agent
					 for all purposes under the act and this subchapter.
(e)
Agreement between foreign and
					 endorsing agent.
No foreign agent shall act as an endorsing agent, and
					 no endorsed contract shall be valid unless there is filed with, and approved
					 by, the Department at least seven days in advance of such endorsement, a
					 written agreement between the foreign agent and the endorsing agent, stating
					 that for a consideration, the endorsing agent agrees to endorse such employment
					 contracts as the foreign agent shall present to him, if such contracts, in the
					 opinion of the endorsing agent, are and will be fair and equitable to the
					 entertainer, and are proper under the terms of the act and this subchapter and
					 if the endorsing agent understands that he is responsible for compliance with
					 all the requirements of the act and this subchapter. Such statement shall also
					 contain a provision by which the foreign agent appoints the endorsing agent as
					 his agent for receipt of any service of process, whether civil or criminal,
					 before any court whether or not of record, or any agency of the Commonwealth.
					 Such statement shall be sworn to by both the endorsing agent and the foreign
					 agent before any person duly authorized to take oaths under the laws of the
					 Commonwealth.
(f)
Suspension or revocation.
The Department may suspend or revoke
					 for cause the authority of any foreign or endorsing agent to act under the
					 terms of the statement. A hearing shall be provided for in all such cases but a
					 suspension may be ordered pending the hearing and its outcome.
This section cited in 34 Pa. Code §
													9.31 (relating to clearing of
						  contracts); and 34 Pa. Code §
													9.33 (relating to distribution of
						  regulations to parties).