§ 511. Employment. 1. General definition. "Employment" means (a) any\nservice under any contract of employment for hire, express or implied,\nwritten, or oral and\n (b) any service by a person for an employer\n (1) as an agent-driver or commission-driver engaged in distributing\nmeat, vegetable, fruit, or bakery products; beverages other than milk;\nor laundry or dry-cleaning services; or\n (1-a) as a professional musician or a person otherwise engaged in the\nperforming arts, and performing services as such for a television or\nradio station or network, a film production, a theatre, hotel,\nrestaurant, night club or similar establishment unless, by written\ncontract, such musician or person is stipulated to be an employee of\nanother employer covered by this chapter. "Engaged in the performing\narts" shall mean performing services in connection with the production\nof or performance in any artistic endeavor which requires artistic or\ntechnical skill or expertise; or\n (1-b) as an employee in the construction industry unless the\npresumption of employment can be overcome, as provided under section\neight hundred sixty-one-c of this chapter; or\n (1-c) as an employee in the commercial goods transportation industry\nunless the presumption of employment can be overcome, as provided under\nsection eight hundred sixty-two-b of this chapter; or\n (2) as a traveling or city salesman engaged on a full-time basis in\nsoliciting orders for merchandise for resale or supplies for use in the\npurchaser's business operations if the contract of service contemplates\nthat substantially all of such services are to be performed personally\nby such person; such person does not have a substantial investment in\nfacilities used in connection with the performance of such services,\nexcepting facilities for transportation; and the services are not in the\nnature of a single transaction which is not part of a continuing\nrelationship with the employer.\n (3) as a professional model, where:\n (i) the professional model performs modeling services for; or\n (ii) consents in writing to the transfer of his or her exclusive legal\nright to the use of his or her name, portrait, picture or image, for\nadvertising purposes or for the purposes of trade, directly to\n a retail store, a manufacturer, an advertising agency, a photographer,\na publishing company or any other such person or entity, which dictates\nsuch professional model's assignments, hours of work or performance\nlocations and which compensates such professional model in return for a\nwaiver of his or her privacy rights enumerated above, unless such\nservices are performed pursuant to a written contract wherein it is\nstated that the professional model is the employee of another employer\ncovered by this chapter. For purposes of this subparagraph, the term\n"professional model" means a person who, in the course of his or her\ntrade, occupation or profession, performs modeling services. For\npurposes of this subparagraph, the term "modeling services" means the\nappearance by a professional model in photographic sessions or the\nengagement of such model in live, filmed or taped modeling performances\nfor remuneration.\n 2. Work localized in state. The term "employment" includes a person's\nentire service performed within or both within and without this state if\nthe service is localized in this state. Service is deemed localized\nwithin the state if it is performed entirely within the state or is\nperformed both within and without the state but that performed without\nthe state is incidental to the person's service within the state, for\nexample, is temporary or transitory in nature or consists of isolated\ntransactions.\n 3. Work within and without the state. The term "employment" includes a\nperson's entire service performed both within and without this state\nprovided it is not localized in any state but some of the service is\nperformed in this state, and\n (a) the person's base o
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