Minimum Wage and the Independent Contractor - Cameramen, Editors

Date: 2008-10-19, 12:39PM PDT


The following piece about the rights of film crew who are being underpaid got flagged and removed -
I wonder by who? The people whose rights need to be protected, or the shmoes who are trying to underpay you? Read about your rights before it gets flagged again:

More and more "producers" are offering less than minimum wage for both Camerman (with their own equipment, no less) and editors (with their own systems). They are getting around the minimum wage law by claiming "since it's a project, we can pay whatever we want". This was told to me by a real creep named [-----] at JIF, who was offering $200 a week, I kid you not, to edit their films, at eight hours a day. Since then it has gotten worse. Now cameramen with their own equipment are being offered $250 a week to film seven straight days, while traveling to dangerous countries.

Well, it turns out you do have rights. The Labor Division won't help you file a claim they say, because independent contractors don't fall under their jurisdiction, but you can take these "producers" to small claims court, and sue them for up to $7,000 lost wages, if they have violated the independent contractors regulation. This is from the government labor division's website:

The Independent Contractor: You cannot be considered an independent contractor if your s
schedule is set by someone else.

They are in violation of regulations governing contracting. See the following url:
http://www.dol.gov/elaws/esa/flsa/scope/ee14.asp


So if you take an editing job or a cameraman job, even if you sign a contract, they are in violation if they set your schedule (i.e., tell you when and where to show up, and how many hours; that's making a schedule). Even if they have not "set your schedule", you can still sue for the difference between what they paid you and minimum wage. The Labor Division said "we make no guarantees" if you will win or not, but you have the right to sue them.

Please remind these turkeys of this the next time they try to do this to you. Or wait until the project is over, and take them to court.

Hope this helps someone.


* Location: Hollywood
* Compensation: Minimum Wage: Take them to court