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US Tax and Labor Law Question, Entertainment Industry: An…

US Tax and Labor Law...
US Tax and Labor Law Question, Entertainment Industry:An individual sets up a single member LLC for the purpose of producing a single short film, and is raising funds for the production via crowdfunding.The film shoot will require hiring various crew members for two days total, in NYC.Is the LLC required to pay the crew members as employees, or can they be paid as contractors? What are the laws regarding when such hires must be treated as employees? Are there Department of Labor guidelines, or NYC specific laws?If just doing one short film means not having to pay crew as employees... would that change if the LLC ends up producing more films down the road?Thanks
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Answered in 37 minutes by:
8/30/2017
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,126
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive experience in this area of law. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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All of the information you are seeking can be found by clicking here. This will take you to the Department of Labor's guidance regarding the Fair Labor Standards Act and the independent contractor versus employee classification.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Did you have any follow-up questions or need me to clarify anything?

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Customer reply replied 5 months ago
Hi Roy, I was looking for some more specific information pertaining to the specific questions I asked: Is there NYC specific guidance on worker classification? Is there film/production-specific guidance related to hiring crew for a short term one time shoot? Are there cases where an SS-8 has been filed against a micro-budget production such as this, and dismissed? On what grounds? Does the fact that the taxpayer is operating under a single member LLC affect the worker classification at all? I think I've determined that the last questions does not have any impact, but I'm looking for specific guidance on the others, thanks.

HiCustomer I should have made it clearer, I apologize.

The guidance I provided is the guidance that all of the states use when determining whether a individual can be classified as an independent contractor. Although each state may have a separate set of guidance, the one I provided is the overriding principal. I previously was counsel to a staffing firm that had offices in both New York and California and I used this guidance to determine the proper classification for both states. This guidance applies regardless of the length of the employment (for example, I used it for similar situations to the one you are describing for short term temps) and regardless of the specific industry (the staffing firm had temps in fashion, technology and other industries).

In the current legal and political climate in the US, the best practice is to start with the presumption that an individual is an employee and then see if there is a possibility of them being classified as an independent contractor. I have found that most often they person should be classified as an employee. In addition, the New York labor board is on the hunt for misclassified employees.

I hope this better clarifies my original response. Please let me know if you have any follow-up questions or need me to clarify further/

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Did you have any additional follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,126
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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Roy Hadavi
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Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,126
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Experience: Attorney at Law Offices of Rosenstein & Associates

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