(a) The term Act means the National Foundation on the Arts and the
Humanities Act of 1965, as amended, 79 Stat 848, as amended, 20 U.S.C.
951 et seq.
(b) The term Secretary means the Secretary of Labor.
(c) The term Administrator means the Administrator of the Wage and
Hour Division, Employment Standards Administration, U.S. Department of
Labor, or authorized representative, to whom is assigned the performance
of functions of the Secretary pertaining to wages under the National
Foundation on the Arts and the Humanities Act of 1965, as amended.
(d) The term Assistant Secretary means the Assistant Secretary for
Occupational Safety and Health, U.S. Department of Labor, or authorized
representative, to whom is assigned the performance of functions of the
Secretary pertaining to safety and health under the National Foundation
on the
Arts and the Humanities Act of 1965, as amended.
(e) Professional in the phrase professional performer and related or
supporting professional personnel shall include all those who work for
compensation on a project or production which is assisted by a grant
from the National Endowment for the Arts or the National Endowment for
the Humanities regardless of whether paid out of grant funds. It shall
not include those whose status is amateur because their engagement for
performance or supporting work contemplates no compensation.
Compensation does not include reimbursement of expenses (i.e., meals,
costumes, make-up etc.). The words related or supporting . . . personnel
in the same phrase shall include all those whose work is related to the
particular project or production such as musicians, stage hands, scenery
designers, technicians, electricians and moving picture machine
operators, as distinguished from those who operate a place for receiving
an audience without reference to the particular project or production
being exhibited, such as ushers, janitors, and those who sell and
collect tickets. The phrase does not include laborers and mechanics
employed by contractors or subcontractors on construction projects,
whose compensation is regulated under section 5(j) and section 7(j) of
the Act. The phrase professional performers and related or supporting
professional personnel shall not include persons employed as regular
faculty or staff of an educational institution primarily performing
duties commonly associated with the teaching profession. It shall
include persons employed by educational institutions primarily to engage
in activities customarily performed by performing artists or by those
who assist in the presentation of performances assisted by grants from
the National Endowment for the Arts or the National Endowment for the
Humanities.
