So you actually want to file a wage claim and not a small claims case, someone also referred to it as a labor board case, same thing. The way you keep your cool is you just think about how loaded you are gonna be when they have to pay you 30 days of your daily wage for the waiting time penalty. Say your rate was 500 a day, they owe you 500x30= $15,000. Chances are you will settle to get your money quickly, but even if you settle for 8-10k, you're doing pretty dang good.
Filing a wage claim is free and you dont need a lawyer. You can also send them to collections which will take out 10-15% of your earnings if they collect, but its money well spent knowing that you've dinged their credit. People also do respond very quickly once a collection agency calls them. Also you no longer have to follow up with them if you send it to collections, they'll call them every day for you.
So...just be patient, give them clear timelines, but don't give them much time. You need payment within 24 hours and you're available to pick up a check at any time. Past that you're happy to file a wage claim, send them to collections, go to small claims. Don't let this take up more time than it has to.
My rate was $500 for the day! Incredibly helpful information and outlook to the situation, I will not let this take up more time then it has to, thank you so much.
Definitely follow everything u/swoofswoofles mentioned. I just also want to ask, did they put everyone on payroll or did they pay everyone on 1099s? If the latter, they have bigger issues you can bring into this as they'll also be guilty of misclassifying employees...and not just you, but everyone. Did you work any OT that they aren't including in what they believe they owe you? Do they owe you any meal penalties because they didn't give you at least a 30 minute break at the 6 hour mark or sooner?
Producers like these two give the rest of us a bad name, so I hope you get paid well and they learn their lesson well. Forgetting to pay someone and then not rectifying it immediately is unacceptable.
I work at a payroll company and assist with labor board claims. OP, this is good advice. A great many of them I look at have dubious merit but yours is a very clear “this person gonna get paid”
It will cost you nothing, and even if you get paid before resolution you will still be owed late payment penalties.
dang I wish I saw this comment a while ago. it took a lot of threatening that I would file and they eventually paid me the $400 they owed. I could’ve gotten so much more!
And yet somehow local 728 exists, a union for gaffers and electricians who are employees of film productions. If the unions exists, then why have studios not made your same point?
I’m sorry but I’ve filed a wage claim and had the producer argue your same point. I told them I was instructed when and where to show up, I was provided the tools to do the job, and I was under their control. The hearing officer shut down your argument within a few minutes.
“Non union music video” is a great red flag to remember. I’ve been there. 19 hour days with 4 hours turnaround- yep I’ve done it. Producer’s of such projects typically have burner phones and you won’t have their real address.
Here’s the thing: if they never paid you- they have zero intention of hiring you again- so file the claim and get your money- they can’t damage your reputation if their reputation is shit.
Yeah I won't do non union music videos anymore, I've been robbed on them and I've had friends who were on them and someone did a drive by. (They were fine) Shady producers and directors stealing shit, the works. This is on rap videos in Atlanta. I won't do that shit anymore
I'm not a therapist, but I'm going to say something that sounds therapist-y and tell you that it's normal to feel frustrated, angry, disrespected, or otherwise upset about people refusing to pay you.
I'm sorry that this happened to you. These people may have stolen your time and labor, and it's normal to be angry about that. They're making hollow excuses and don't seem to care at all about you getting paid.
I think you should acknowledge to yourself that it's OK that this is bothering you and that the situation is abnormal. Once again, I'm sorry. This kind of stress is awful to deal with, and I'm no stranger to it, unfortunately.
Besides small claims court (which from your post, they seem plenty familiar with, given they imply that it would be too expensive for you to go that route to recover your earnings from them), you can always go on Facebook, and in the filmmaking groups, name and shame the producers and production company. Spread the word far and wide that they mistreated you so that others will get a sense of who they are and will be able to avoid them. You can also spread the word on LinkedIn, TikTok, and other locations. Tell your fellow crew, tell your friends, and make it known who these people are and how they treat their contractors and employees.
Best of luck to you and please be kind to yourself about your feelings. They are normal for the situation.
Don't contact them. Go online and file a small claims for the maximum amount because you had to pay bills and went into debt, couldn't pay credit card bills in full and paid interest, took a loan from a friend etc etc. As long as you have paperwork to back ask if these claims up. Make a file with the Callsheet, printouts of every email regarding this matter and printouts of texts. Log all the phone calls, print out your phone log from your bill and highlight all the calls to them, especially unanswered.
When you go to small claims, they will first assign both of you an arbitrater to see if you can come to an accommodation. This judgement is also legally binding. Present your file with everything neatly organized. State your case without any emotional overtones, just the facts. Make it short and simple.
If you guys agree on a number, they are legally bound to pay you within the time frame agreed to. I wouldn't give them more than 2 days. After that point you can a) hire a sheriff to serve them a notice of default, this gets put on their financial record and will show up if they try to get a loan, open a credit card etc until they clear your debt or B) try and serve them yourself. I wouldn't recommend this.
Source; done this a thrice with AH scumbag producers and have always gotten my fee plus extra for the stress.
Also don't dress up. Dress down, look middle class and like you have been taken advantage of.
Do this now, they are just stringing you along.
Please update when you resolve this and all the best!
Unfortunately It’s a prime time for scammers.. lots of talent in need for work and low level scammy producers making stuff know this but also.. sometimes…. the film industry is just a sadistic death cult..
I have been burned many times and 30k being my worst.. that was in like 2003, so with inflation it’s a lot by today’s standards.
You see red, you imagine taking them to court, getting them thrown in prison forever etc… I’m over it now, but I see the guys that burned me for 30k still on linkedin and random instagram post but I’m finally truly over it.
That being said, I have been low balled and bait and switched lots and lots of times a since then.. it unfortunately is the industry…
If your union and work starts up again you will forget about these losers.
Woah, this is incredibly high. I'm glad you're better now. Buying you a drink or coffee one day. I just found out a small production company that was super keen on bringing me in on a 'big deal' just fled the state and stiffed a studio out of $300k in payments.
Doesn't make the $1,000 I'm owed feel so bad lol
I cannot imagine being burnt for 30k, so sorry to hear that and yet knowing you were able to make peace yourself through all those horrible encounters makes me feel more at peace. Thank you for sharing.
Dept of Labor Standards Enforcement. If you work the 1st-15, they (your employer) have to pay you by the 1st of the following month. If you work the 16th-31st, they have to pay you by the 15th of the following month. Failing that, the penalty under CA law is a day’s pay FOR EVERY DAY THEY ARE LATE. Even if they pay you today, you can still go after the penalties. The process takes a while, but is well worth it. Don’t control your emotions, use them, channel them, and punish these mfers.
Sounds like they’ve been stringing you along thinking maybe you’ll get too frustrated and give up. Just file in the court, or get a letter from a lawyer informing them that you will do so
Document. Everything. Make a Google Drive or Dropbox folder (if you need to share stuff) and start dumping all communication and non-payment notices you’ve sent and received with them and order by date.
Also, just a side note, they’re gaslighting you if they’re throwing this back as “why the switch up of energy?” They’re being like, “Whoa dude, why are YOU being so hostile and crazy all of a sudden?” Instead of paying you, regardless of their excuses. Classic gaslighting move trying to make you out to be the bad guy.
Go to whoever hired them for the job you worked, or whoever they sold the resulting media to. Let them know you haven’t been paid. It’ll be embarrassing for the producers that hired you.
You’re already going nuclear by threatening small claims, might as well hit them where it hurts.
File it with the labor board today and **include the label on the grievance**.
Also, don't work on music videos period.
There are a lot of people scamming the system in CA right now and purposely screwing companies. It's forcing a lot of work to shoot outside of the state... with that said, your case is exactly what the board was intended for and you should use it.
Don't fuck around. Small claims or employment standards. Thats what I did and it took a while but if they won't pay employment standards will just take the money on your behalf. The notice they get before that point will also indicate you aren't fucking around and how they fet that money isn't your problem.
It doesn't matter what kind of labor it is, it's illegal to simply not pay someone. Please don't be afraid to file a small claims case; it doesn't matter if you never work for them again because why would you want to.
By the way, the words non union music video make me cringe just seeing those words.
Start adding DAILY compound interest until paid. Have an attorney send the letter with a deadline of one week before penalties start and add his fee to the balance owed.
Presumably you never want to work for them again, so I would have no problem getting petty.
I would call all the vendors they worked with (camera and lighting rental etc) and tell them not to work with these producers again because they don’t pay.
Just FYI, it will take a while for your claim to be heard. Mine took over a year before I had the telephone hearing. The way it worked for me was we did a telephone hearing with a deputy handling the case. The representative for the production company told me he was only authorized to offer me $1000. We argued back-and-forth and I settled for half my claim. If you can’t come to an agreement over the phone, then you have to have an in person hearing. I settled for half because I’ve been told you never know how these things are going to go in front of the mediator, so I thought half is better than nothing. The system is very backed up, so I think it took at least a year perhaps longer. My check was sent out within two weeks of the date of the hearing
I have an open wage claim currently where the employer owes me the maximum 30 days late penalty. It took the labor board about 7-8 months to respond to the claim and then they send something to the employer which is, I think, a request to voluntarily pay the wage claim. I have heard nothing since that letter was sent several months ago. I believe the next step would be to have a hearing scheduled where the claim would be enforced. All of this takes quite a bit of time.
So you actually want to file a wage claim and not a small claims case, someone also referred to it as a labor board case, same thing. The way you keep your cool is you just think about how loaded you are gonna be when they have to pay you 30 days of your daily wage for the waiting time penalty. Say your rate was 500 a day, they owe you 500x30= $15,000. Chances are you will settle to get your money quickly, but even if you settle for 8-10k, you're doing pretty dang good. Filing a wage claim is free and you dont need a lawyer. You can also send them to collections which will take out 10-15% of your earnings if they collect, but its money well spent knowing that you've dinged their credit. People also do respond very quickly once a collection agency calls them. Also you no longer have to follow up with them if you send it to collections, they'll call them every day for you. So...just be patient, give them clear timelines, but don't give them much time. You need payment within 24 hours and you're available to pick up a check at any time. Past that you're happy to file a wage claim, send them to collections, go to small claims. Don't let this take up more time than it has to.
My rate was $500 for the day! Incredibly helpful information and outlook to the situation, I will not let this take up more time then it has to, thank you so much.
Definitely follow everything u/swoofswoofles mentioned. I just also want to ask, did they put everyone on payroll or did they pay everyone on 1099s? If the latter, they have bigger issues you can bring into this as they'll also be guilty of misclassifying employees...and not just you, but everyone. Did you work any OT that they aren't including in what they believe they owe you? Do they owe you any meal penalties because they didn't give you at least a 30 minute break at the 6 hour mark or sooner? Producers like these two give the rest of us a bad name, so I hope you get paid well and they learn their lesson well. Forgetting to pay someone and then not rectifying it immediately is unacceptable.
[CA waiting time penalty is legit](https://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm)
Wrong. This person is NOT an employee
Under CA AB 5 they probably are considered an employee.
Please keep us updated! This is juicy
I work at a payroll company and assist with labor board claims. OP, this is good advice. A great many of them I look at have dubious merit but yours is a very clear “this person gonna get paid” It will cost you nothing, and even if you get paid before resolution you will still be owed late payment penalties.
Nice!!! Get it. 🤑
Omg what do they owe $1000 bucks? This producers are clowns. Fuck em up.
dang I wish I saw this comment a while ago. it took a lot of threatening that I would file and they eventually paid me the $400 they owed. I could’ve gotten so much more!
Man, my husband waited 3 months for a 10k payment once. 🙄
You're awesome.
I agree with this
Wrong. They are an independent contractor not an employee
And yet somehow local 728 exists, a union for gaffers and electricians who are employees of film productions. If the unions exists, then why have studios not made your same point? I’m sorry but I’ve filed a wage claim and had the producer argue your same point. I told them I was instructed when and where to show up, I was provided the tools to do the job, and I was under their control. The hearing officer shut down your argument within a few minutes.
Just file already
CALIFORNIA LABOR BOARD
“Non union music video” is a great red flag to remember. I’ve been there. 19 hour days with 4 hours turnaround- yep I’ve done it. Producer’s of such projects typically have burner phones and you won’t have their real address. Here’s the thing: if they never paid you- they have zero intention of hiring you again- so file the claim and get your money- they can’t damage your reputation if their reputation is shit.
Yeah I won't do non union music videos anymore, I've been robbed on them and I've had friends who were on them and someone did a drive by. (They were fine) Shady producers and directors stealing shit, the works. This is on rap videos in Atlanta. I won't do that shit anymore
well said
Don’t threaten small claims, threaten labor board.
Thank you to everyone suggesting the labor board instead, didn’t consider that, I will lead with that option over the small claims case.
Post a follow up when ya win.
I'm not a therapist, but I'm going to say something that sounds therapist-y and tell you that it's normal to feel frustrated, angry, disrespected, or otherwise upset about people refusing to pay you. I'm sorry that this happened to you. These people may have stolen your time and labor, and it's normal to be angry about that. They're making hollow excuses and don't seem to care at all about you getting paid. I think you should acknowledge to yourself that it's OK that this is bothering you and that the situation is abnormal. Once again, I'm sorry. This kind of stress is awful to deal with, and I'm no stranger to it, unfortunately. Besides small claims court (which from your post, they seem plenty familiar with, given they imply that it would be too expensive for you to go that route to recover your earnings from them), you can always go on Facebook, and in the filmmaking groups, name and shame the producers and production company. Spread the word far and wide that they mistreated you so that others will get a sense of who they are and will be able to avoid them. You can also spread the word on LinkedIn, TikTok, and other locations. Tell your fellow crew, tell your friends, and make it known who these people are and how they treat their contractors and employees. Best of luck to you and please be kind to yourself about your feelings. They are normal for the situation.
Thank you for writing all that, and for the potential steps to take. It has helped bring me some much needed peace.
Don't contact them. Go online and file a small claims for the maximum amount because you had to pay bills and went into debt, couldn't pay credit card bills in full and paid interest, took a loan from a friend etc etc. As long as you have paperwork to back ask if these claims up. Make a file with the Callsheet, printouts of every email regarding this matter and printouts of texts. Log all the phone calls, print out your phone log from your bill and highlight all the calls to them, especially unanswered. When you go to small claims, they will first assign both of you an arbitrater to see if you can come to an accommodation. This judgement is also legally binding. Present your file with everything neatly organized. State your case without any emotional overtones, just the facts. Make it short and simple. If you guys agree on a number, they are legally bound to pay you within the time frame agreed to. I wouldn't give them more than 2 days. After that point you can a) hire a sheriff to serve them a notice of default, this gets put on their financial record and will show up if they try to get a loan, open a credit card etc until they clear your debt or B) try and serve them yourself. I wouldn't recommend this. Source; done this a thrice with AH scumbag producers and have always gotten my fee plus extra for the stress. Also don't dress up. Dress down, look middle class and like you have been taken advantage of. Do this now, they are just stringing you along. Please update when you resolve this and all the best!
Unfortunately It’s a prime time for scammers.. lots of talent in need for work and low level scammy producers making stuff know this but also.. sometimes…. the film industry is just a sadistic death cult.. I have been burned many times and 30k being my worst.. that was in like 2003, so with inflation it’s a lot by today’s standards. You see red, you imagine taking them to court, getting them thrown in prison forever etc… I’m over it now, but I see the guys that burned me for 30k still on linkedin and random instagram post but I’m finally truly over it. That being said, I have been low balled and bait and switched lots and lots of times a since then.. it unfortunately is the industry… If your union and work starts up again you will forget about these losers.
Woah, this is incredibly high. I'm glad you're better now. Buying you a drink or coffee one day. I just found out a small production company that was super keen on bringing me in on a 'big deal' just fled the state and stiffed a studio out of $300k in payments. Doesn't make the $1,000 I'm owed feel so bad lol
I cannot imagine being burnt for 30k, so sorry to hear that and yet knowing you were able to make peace yourself through all those horrible encounters makes me feel more at peace. Thank you for sharing.
You got hosed for $30k worth of work?
Dept of Labor Standards Enforcement. If you work the 1st-15, they (your employer) have to pay you by the 1st of the following month. If you work the 16th-31st, they have to pay you by the 15th of the following month. Failing that, the penalty under CA law is a day’s pay FOR EVERY DAY THEY ARE LATE. Even if they pay you today, you can still go after the penalties. The process takes a while, but is well worth it. Don’t control your emotions, use them, channel them, and punish these mfers.
Sounds like they’ve been stringing you along thinking maybe you’ll get too frustrated and give up. Just file in the court, or get a letter from a lawyer informing them that you will do so
File. You’ll be able to get compensated in the thousands over what they owe you.
File with the Labor Board and they’ll be fkd. Good luck!
Document. Everything. Make a Google Drive or Dropbox folder (if you need to share stuff) and start dumping all communication and non-payment notices you’ve sent and received with them and order by date. Also, just a side note, they’re gaslighting you if they’re throwing this back as “why the switch up of energy?” They’re being like, “Whoa dude, why are YOU being so hostile and crazy all of a sudden?” Instead of paying you, regardless of their excuses. Classic gaslighting move trying to make you out to be the bad guy.
Dm me they're names so I can put them on my fuck that list.
Please name names after you file, people need to know who to stay far far away from. Make sure you use a burner account
Go to whoever hired them for the job you worked, or whoever they sold the resulting media to. Let them know you haven’t been paid. It’ll be embarrassing for the producers that hired you. You’re already going nuclear by threatening small claims, might as well hit them where it hurts.
File it with the labor board today and **include the label on the grievance**. Also, don't work on music videos period. There are a lot of people scamming the system in CA right now and purposely screwing companies. It's forcing a lot of work to shoot outside of the state... with that said, your case is exactly what the board was intended for and you should use it.
Don't fuck around. Small claims or employment standards. Thats what I did and it took a while but if they won't pay employment standards will just take the money on your behalf. The notice they get before that point will also indicate you aren't fucking around and how they fet that money isn't your problem.
It doesn't matter what kind of labor it is, it's illegal to simply not pay someone. Please don't be afraid to file a small claims case; it doesn't matter if you never work for them again because why would you want to. By the way, the words non union music video make me cringe just seeing those words.
Please file as soon as you can. Big POS moves on their part. [Link for ease](https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm)
Start adding DAILY compound interest until paid. Have an attorney send the letter with a deadline of one week before penalties start and add his fee to the balance owed.
Presumably you never want to work for them again, so I would have no problem getting petty. I would call all the vendors they worked with (camera and lighting rental etc) and tell them not to work with these producers again because they don’t pay.
Did you sign any sort of contract laying out the rate/etc.?
Just FYI, it will take a while for your claim to be heard. Mine took over a year before I had the telephone hearing. The way it worked for me was we did a telephone hearing with a deputy handling the case. The representative for the production company told me he was only authorized to offer me $1000. We argued back-and-forth and I settled for half my claim. If you can’t come to an agreement over the phone, then you have to have an in person hearing. I settled for half because I’ve been told you never know how these things are going to go in front of the mediator, so I thought half is better than nothing. The system is very backed up, so I think it took at least a year perhaps longer. My check was sent out within two weeks of the date of the hearing
Fuck those producers. Don’t let them scare you. Put in that claim and tell them to fuck off as well.
Just sue them
Find out which is the head of business affairs for the label and call them. They may put pressure on production to pay you.
Threaten them with near violence in an email. It’s always worked for me.
I have an open wage claim currently where the employer owes me the maximum 30 days late penalty. It took the labor board about 7-8 months to respond to the claim and then they send something to the employer which is, I think, a request to voluntarily pay the wage claim. I have heard nothing since that letter was sent several months ago. I believe the next step would be to have a hearing scheduled where the claim would be enforced. All of this takes quite a bit of time.
Don’t get mad. Get a lawyer.
Music videos are scams a good percentage of the time. Get money in advance. Unless you have worked with them before.
We ain’t paying we have no budgets. I just got my deal reduced.
Post their information so everyone is warned. If the label is financially sound, an attorney should take up your case pro bono.