Not following this logic Bill.
In a given scenario a promoter rents a
hall/theater/
arena, hires a performer and an event company to provide staging, lighting and audio according to the
rider.
The promoter, in consultation with the event production company, states when certain aspects of the event technical services must be provided (the schedule). The event technical company then hires stagehands either from their own list, or from an IATSTE local, if the union has a contract with either the
venue, promoter OR event technical company (or not).
The stagehands report to the
venue at the appointed time and according to the schedule established by the promoter, usually expecting X amount of a day's work, for X amount per hour, to be paid via check or cash by the event production company, who in turn bills the promoter. Under some circumstances, the workers may be paid directly by the promoter, rather then the event production company. I have even seen scenarios where the promoter pays the union directly, who then distributes the checks. Paying the Union has sometimes been seen as an attempt by an employer to abdicate their responsibilities under IRS rules, by claiming the union is the employer.
Once the event
producer and promoter establishes the work
call time, all workers become employees, according to federal law, usually of the event production company. According to the IRS, if the employer retains control of when the worker does the work, that worker is automatically an employee.
The AZ has a caveat in that it states that ALL of certain conditions must be met, not just one. Problem is that the 2nd provision seemingly over-rides the first by simply declaring that all event workers are exempt. That can classify these workers as IC for every other potential interpretation of when and how they might be employees, including under the IRS rules. So bad law.