Behind every film or television production is a large team of employees working long hours under demanding deadlines to keep the project moving. While union protections are often well known in the entertainment industry, many non-union film employees may not realize they also have important rights under California law.
When production companies fail to pay proper wages, deny meal or rest breaks, misclassify employees, or refuse overtime pay, non-union film employees may still have the right to bring wage and hour claims and seek recovery for unpaid compensation.
Understanding Wage and Hour Protections in California’s Film Industry
California has some of the strictest wage and hour laws in the country, and they apply broadly to non-exempt employees, including many film workers from production assistants to background actors.
California’s Wage Order 12 specifically governs wages, hours, and working conditions in the motion picture industry and outlines rules that protects non-union workers to all film, television, and even commercial productions. Any failure to follow the rules will result in the employer being held liable for negligent workplace practices.
Common Wage and Hour Violations on Non-Union Film Sets
Non-union productions such as independent films, low-budget shoots, and digital media projects are more likely to cut corners due to the lack of enforcement of labor laws on set and negligent behavior in order to fulfill a creative vision. Some of the most common violations include the following:
1. Unpaid Overtime
One of the most common forms of workplace violations, unpaid overtime affects thousands of workers in the country and in the film industry, many may be told they are on a “day rate,” but still work 12–16 hour days without proper overtime. Under Cal. Code Regs. § 11120 and the state’s labor code, overtime pay must still be calculated based on a regular rate of pay and paid out, even for day-rate workers.
2. Misclassification as Independent Contractors
With laws like AB 5 in effect, many film workers who were previously treated as freelancers must now be classified as employees unless strict criteria are met. Considering how difficult some of the criteria may be for employers, many would intentionally misclassify positions in order to save costs. Misclassification can lead to a variety of problems such as unpaid overtime, missed meal breaks, and even payroll tax problems.
3. Meal and Rest Break Violations
Film shoots are notorious for “working through lunch”, but despite what is considered to be as the “industry norm”, California law still requires employers to provide a 30-minute meal break after 5 hours and a second meal break after 10 hours.
If breaks are missed for any reason, workers are entitled to premium pay penalties. No matter how much pressure non-union workers get from their employer or a director, everyone is entitled to an uninterrupted break.
4. Off-the-Clock Work
Another labor violation that is notorious throughout the film industry, being forced to work off the clock tends to occur when production is running behind on what needs to be filmed or if there is a shortage of workers who can take over certain responsibilities. Some of the most common examples include:
- Setup and breakdown time not recorded
- Travel between locations
- Mandatory early call times without pay
Despite what some people try to say about when work officially starts, California dictates that work officially starts when you are clocked in and your shift starts. While the schedule of the “hours worked” is in control of the employer, they still have a responsibility to pay workers for any work they have done.
5. Failure to Pay Minimum Wage
Even in creative industries, employers must meet the state’s minimum wage requirements and cannot rely solely on “stipends” or “experience” as a form of payment. While contract workers can be paid under the standard minimum wage requirement depending on their rate and nature of the project, the Department of Labor has outlined that contractors must be paid a minimum of $15 an hour. Any failure of paying workers the minimum wage will result in legal action and penalties.
Why Non-Union Film Workers Often Have Strong Wage and Hour Cases
Interestingly, non-union workers can sometimes have stronger legal claims than union workers because there is no union contract limiting remedies and employers cannot rely on CBA exceptions. Additionally, wage and hour theft violations are often more blatant and widespread throughout the country.
While wage theft lawsuits are increasingly becoming more common, it is more important than ever to ensure non-union workers are not being taken advantage of because compliance failures are not only costly for employers, it can have a significant effect on people’s livelihoods.
The Difference Between Union vs. Non-Union
Union workers (such as those in SAG-AFTRA, IATSE, or DGA) typically have protections such as:
- Collective bargaining agreements (CBAs)
- Negotiated overtime structures
- Additional protections and benefits
However, non-union workers are not unprotected and instead have to rely on California’s Labor Code, the Industrial Welfare Commission (IWC) Wage Orders, and any relevant Federal law to ensure their rights are protected.
Employers cannot avoid California wage laws simply because a worker is non-union. In some cases, union agreements can modify certain rules, but non-union workers fall back on baseline statutory protections, which are often just as strong or stronger.
What Should Non-Union Film Workers Do If They Suspect Violations?
If non-union film workers suspect that their rights are violated, they should document the violations and keep detailed evidence of it occurring. Once they have enough evidence, they should consult an employment attorney from Lawyers for Justice, P.C. to get a better understanding of their legal rights.
By hiring the talented team at Lawyers for Justice, P.C., non-union workers can rest easy knowing that their case is in the right hands and that justice will be served. Call today at (818) JUSTICE or complete the contact form for a free case consultation.
Attorney advertisement by Arby Aiwazian of Lawyers for Justice, P.C., headquartered at 450 N Brand Blvd, Glendale, CA 91203
