Independent Contractors or Employee
The next time you are asked to adhere to a schedule an to pay a house fee- here are some facts to consider:
If you answer "YES" to anyone of the following questions, you are an
EMPLOYEE and NOT an 'independent contractor':
1. Does someone else set your work hours (call time)?
2. Do you work outside of your home (report to location, stage, prod. office)?
3. Do you report to a supervisor (Department Head, Gang Boss, Producer)?
this is from a website regarding film/commercial work:
"...This was told to me by a CALIFORNIA FRANCHISE TAX BOARD
investigator, after they subpoenaed me in a case they (and the Labor Board)
brought against an out-of-state commercial production company who had
repeatedly come to CA & shot jobs & paid the entire crew as 1099,
including making them sign a waiver on their time card that stated that
the crew member "was an independent contractor".
Superior Court found against the company & they were heavily fined for back
taxes, penalties and late fees... and they stated that the 'waiver' was
irrelevant, because a "yes" answer to any of the above questions was all
they needed to consider an crew member an employee, regardless of
what the employer or the employee believed...."
You have more power over your work place than you are currently exercising.
Know your rights.
If you answer "YES" to anyone of the following questions, you are an
EMPLOYEE and NOT an 'independent contractor':
1. Does someone else set your work hours (call time)?
2. Do you work outside of your home (report to location, stage, prod. office)?
3. Do you report to a supervisor (Department Head, Gang Boss, Producer)?
this is from a website regarding film/commercial work:
"...This was told to me by a CALIFORNIA FRANCHISE TAX BOARD
investigator, after they subpoenaed me in a case they (and the Labor Board)
brought against an out-of-state commercial production company who had
repeatedly come to CA & shot jobs & paid the entire crew as 1099,
including making them sign a waiver on their time card that stated that
the crew member "was an independent contractor".
Superior Court found against the company & they were heavily fined for back
taxes, penalties and late fees... and they stated that the 'waiver' was
irrelevant, because a "yes" answer to any of the above questions was all
they needed to consider an crew member an employee, regardless of
what the employer or the employee believed...."
You have more power over your work place than you are currently exercising.
Know your rights.