In the wake of the deadly Rust tragedy last year, independent studios and production companies began revisiting their practices, policies, and attitudes regarding safety on set. While robust safety practices are paramount, studios and production companies that operate in "Y'allywood" (and elsewhere) should also reexamine their employment policies to ensure compliance with state and federal laws. Although high-profile accidents tend to garner the news cycle headlines, the failure to comply with regulatory and legal mandates occurs with far more frequency and is more likely to impact a production. Below, we highlight some of the most common employment law pitfalls for companies in the television and movie industry.
Studios and production companies often attempt to avoid significant liabilities (tax and otherwise) by classifying certain workers as independent contractors instead of employees. Indeed, much of the entertainment industry has been structured around using "gig" independent contractors rather than forming a traditional employer-employee relationship. Contrary to popular belief, simply referring to a worker as an independent contractor in a written agreement does not insulate a business from legal challenges. Moreover, workers are not properly classified independent contractors simply because their work is temporary or sporadic. Rather, the determination of whether an individual is properly...
A wave of pro-whistleblower opinions from federal judges suggests the False Claims Act remains on solid ground despite pointed questions from leading conservative judicial voices. Whistleblowers, ...