tag:blogger.com,1999:blog-22906998.post4852953013376127370..comments2024-03-26T22:42:06.412-07:00Comments on TAG Blog: Actors' Unions Push BackSteve Huletthttp://www.blogger.com/profile/05537689111433326847noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-22906998.post-5762569758794298112010-09-27T07:49:05.753-07:002010-09-27T07:49:05.753-07:00The IRS (Internal Revenue Service) lists three cat...The IRS (Internal Revenue Service) lists three categories of information to be considered in the determination of whether an individual is an employee or independent contractor:<br /><br />Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?<br /><br />Financial: Are the business aspects of the worker’s job controlled by the payer? (These aspects include things like how the worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)<br /><br />Type of Relationship: <br /><br />Are there written contracts or employee-type benefits (i.e., a pension plan, insurance, vacation pay, etc.)? <br /><br />Will the relationship continue and is the work performed a key aspect of the business?<br /><br />An employer must show there is a reasonable basis to classify the worker as an independent contractor in order to escape the burden of paying taxes for the worker.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22906998.post-73983519222289258862010-09-27T06:58:17.419-07:002010-09-27T06:58:17.419-07:00I think what's at odds here is the question of...I think what's at odds here is the question of who is really an independent contractor. By U.S. law, you cannot be an independent contractor if your work is controlled by someone else. An actor working on the employer's site, working from the employer's script, and following the director's direction could not legally be an independent contractor. <br /><br />Maybe NZ law is different, but it sounds like they're trying to do to actors what a lot of VFX houses do to animators, and misclassify them as independent contractors.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22906998.post-48864881696857253302010-09-27T00:30:04.363-07:002010-09-27T00:30:04.363-07:00It seems Peter Jackson has said:
"NZ law pro...It seems Peter Jackson has said:<br /><br /><i>"NZ law prohibits engaging in collective bargaining with any labour organization representing performers who are independent contractors, as film actors clearly are. The NZ Commerce Act claims it would be unlawful to engage with an Australian Union on these matters."</i><br />(NZ Actors Equity is apparently a part of the MEAA)<br /><br />So it looks like what this union is doing is against NZ law. Not only that but Peter mentions that Warners are setting up a separate money pot for non-union workers so that they can share in some of the profits that the union members get, which he also mentions that they will honour.<br /><br />Obviously this is a union/guild blog, but everyone makes mistakes from time to time, and that also includes unions. Maybe they are in the wrong this time...who knows?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22906998.post-58308440791335012412010-09-26T21:42:34.602-07:002010-09-26T21:42:34.602-07:00The above anon is right. Until we know the facts t...The above anon is right. Until we know the facts there is no point getting snarky.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22906998.post-54319591402277381882010-09-26T18:29:05.258-07:002010-09-26T18:29:05.258-07:00Yeah, why should animators expect to get paid for ...Yeah, why should animators expect to get paid for overtime? who are these "socialists"? why do they complain about getting the evil eye if they don't work a minimum of 80 hours a week? why so touchy?<br />I mean, all they do is press the "animate" button, right?...the false prophetnoreply@blogger.comtag:blogger.com,1999:blog-22906998.post-21955086916833078842010-09-26T12:11:03.391-07:002010-09-26T12:11:03.391-07:00From Peter Jackson's statement...
"It...From Peter Jackson's statement...<br /><br />"It's incredibly easy to wave the flag on behalf of workers and target the rich studios. It's not hard to generate an emotive response, nor is it hard to sway public opinion, since nobody seems to like the facts..."<br /><br />Yes. As always. Exactly what are the facts of this specific situation? The rest is all posturing, pose, and total bullshit. On both sides.Anonymousnoreply@blogger.com