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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I worked as a Director of Photography for a workout video,

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I worked as a Director of Photography for a workout video, which was shot 2 months ago. The work was for 1 day, despite the days spent planning and collecting rented gear. Me and my crew were told checks would be issued in two weeks by a payroll company. It is 2 months later and after each correspondence with production we are told 2 weeks more waiting. Are we, the crew, entitled to waiting time penalties as it has been more than 30 days since the appropriate "2 weeks" for a payroll company pay out. I know most contract services pay roll companies like Media Services have this one their site. If so what is our next cause of action?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Were you hired as an independent contractor or as employee(s) (you and your crew)?
Customer: replied 3 years ago.

Hmmm i guess that is part of my question. I am not sure. All the answers I find online seem to contradict wether crew members are employees or independent contractors.

I dont have the deal memo for the show. But I remember filling out paperwork, and a w4.

I know the waiting time does not apply to independent contractors, but if we are getting paid through a payroll company then wouldn't we be considered employees. And wouldn't we need to be employees to be covered by productions workers compensation if we were injured.


Thanks for the help I know this industry is a pain with every production trying to manipulate the system for profit.

If you filled out a W-4 then you were paid as an employee and not an independent contractor.

You would be considered an employee and are entitled to waiting time penalties as well as to be covered by the production comapny's workers compensation if you were injured.

You should file a wage claim with the Department of Industrial Relations, Dvision of Labor Standards Enforcement for the amount of wages plus 30 days of waiting time penalties.

You can file a wage claim using the forms available online here:
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