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Potentially Huge Impacts On Community Studios, Art Centers, And Studio Artists That Have "assistants"/"apprentices"


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#1 JBaymore

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Posted 03 September 2013 - 06:19 PM

This whole concept might have enormous implications on the various approaches that are typically used in ceramics facilities to skirt around the various employment laws in creative ways. It was already a VERY "gray" area...... it might be becoming more black and white soon:

http://msn.careerbui...=JS_3435_advice

This situation might be bringing the "microscope" onto practices that will force changes in the way many folks are doing things. Worth keeping an eye on, for sure.

best,

...............john
John Baymore
Immediate Past President; Potters Council
Professor of Ceramics; New Hampshire Insitute of Art

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#2 bciskepottery

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Posted 03 September 2013 - 06:35 PM

One outcome is an increase in "apprenticeships" . . . sort of meeting the legal requirement for an internship having educational value to the person while still allowing the company/master to benefit.  In the case cited, it would have been next to impossible for a court to rule the interns were nothing more than unpaid staff . . . fetching sandwiches, copying documents, etc.  There appears to have been no attempt to have some career or educational nexus to the type of work performed.  Fox got caught; the lawyers will figure a workaround to prevent the next lawsuit.  But it will have an impact and worth following 'cause the cure is going to be painful. 



#3 Stephen

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Posted 04 September 2013 - 10:08 AM

Ya know if the intent of the studio is truly in the spirit of a valid apprenticeship relationship with a new artist then it seems like all should be fine based on the list of qualifiers in the article. If on the other hand it is simply a way to get around employment responsibilities for grunt level studio work then this should be a good thing in that it will clean up these questionable practices. Of course defining the level of work a pottery apprentice should be legitimately doing is going to be the tricky part for both the studios and those monitoring the process. 

 

In the interest of disclosure I must point out that I am very pro labor and feel that it is very important to set strong guidelines for employers and have a very rigorous enforcement system to back them up. The honor system does not work and never will. There will always be folks that want to be what they consider creative and that is bad for the rest of us in so many ways and horrible for the person being used.  Pottery is a dream career for many and that means a lot of folks would be willing to work for little to be involved but minimum wage is as low as it should be allowed to go if in fact they are just doing a low level job for free or close to it. 



#4 Wyndham

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Posted 04 September 2013 - 02:09 PM

Pay the intern for the work and charge the intern / apprentice  for the education being received.

Wyndham



#5 JBaymore

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Posted 04 September 2013 - 05:47 PM

Pay the intern for the work and charge the intern / apprentice  for the education being received.
Wyndham


Double tax hit there.

best,

...............john
John Baymore
Immediate Past President; Potters Council
Professor of Ceramics; New Hampshire Insitute of Art

http://www.JohnBaymore.com

#6 Wyndham

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Posted 05 September 2013 - 09:10 AM

Depends on how big the skirt is,but....hired as independent contractor put the burden of taxes on the independent contractor. Example the company or person hired to mow the lawn, the potter hired to turn x # lb per week but he sets the time to do the work.

 

Or donating time and or product to the non profit.

 

In the end it will come down to who has political connection to hid under the skirt.

If you notice my sarcasm in the  inequality in political law application, it's only because you saw it in your heart first ...or not. :rolleyes:

Wyndham



#7 bciskepottery

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Posted 05 September 2013 - 10:48 AM

"In the end it will come down to who has political connection to hide under the skirt."

 

Considering how many elected officials/politicians depend on unpaid "interns" to keep their operations and offices floating, I'm thinking hoop skirt plus. 



#8 Matt Oz

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Posted 05 September 2013 - 11:45 AM

 We need to get back to the good ole days of indentured servitude, Methinks. ;)



#9 Bob Coyle

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Posted 05 September 2013 - 01:32 PM

Let's see...classical ceramics apprenticeship...sweep floors and sift grog for one year, wedge clay for another year. trim pots for one more year then begin to throw.

 

Looks like it wouldn't pass muster with the existing laws.



#10 Stephen

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Posted 06 September 2013 - 11:32 AM

wouldn't want to be your apprentice B)



#11 docweathers

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Posted 06 September 2013 - 09:04 PM

The haves have always been ingenious and diligent in their efforts to exploit the have-nots. It's disheartening how quickly people's empathy for others fades as their assets (intellectual or material) grow.


Larry

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