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Resources

Verifying Information Reported for Your Child Actor

  • by Jenn David

Wages are reported to social security through the routine payroll process. Normally, an employee does not have to be concerned that their wages are correctly accounted for within the social security system. The Social Security Administration mails yearly (usually 3 months before your birthday) a statement which includes your lifetime earnings totals, and estimated benefits from Social Security upon retirement based on prior earnings.

Often, the large earnings being reported for a minor (which is unique to our industry) will trigger a review process where Social Security may freeze the account, and notify the employee that there is suspicious activity reported for their Social Security number. Many parents are very familiar with these letters.

It is crucial to not only follow up with any correspondence received from the Social Security Administration, but it is recommended that minors request their Social Security Statement annually. They are not automatically sent to minors, they must be requested. This becomes extremely important when considering the fact that an individual has only 3 years to correct their social security records. Even if you are assured that a problem has been fixed, please review the actual statement annually to verify that it indeed has been!

The request for earning information can be made online at www.ssa.gov – Under Resources, select “Your Social Security Statement” – then select “Need to Request a Statement” – You will be required to provide the following information for your child.

  • Name as shown on your Social Security Card
  • Social Security Number
  • Date of birth
  • Place of birth
  • Mother’s maiden name – last name only (to help identify you)

Form SSA 7004-SM , Request for Social Security Statement may also be mailed in (this form is attached). This information should be reviewed to verify that all earnings were properly received and recorded. It would be a great idea to add this step to the income tax preparation routine each year. Additionally, if there are identify theft issues – with someone using your child’s social security number for work purposes, you will see the additional earnings and this can alert you to other actions you must take to protect your childs identity.

Resources

The World of Being a Parent to a Young…

  • by Jenn David

Welcome to the world of being a parent to a young performer! This job comes with many responsibilities. It’s important for a parent to realize this at the very beginning. Of course, the most important responsibility any parent ever has is to raise a happy, healthy, well adjusted child.

It’s common knowledge that this industry can present unique challenges along the way that we are not going to address here. Suffice it to say, nothing is more important than the well being of a child and the parent of a young performer has to be vigilant with their awareness and remain within the families own personal boundaries of behavior.

Hiring Your Child’s Team

While a parent has many responsibilities, a successful young performer’s career will include many other adults. A parent must always be mindful of the people they choose to allow to work with their children. Every relationship – agent, manager, photographer, publicist, lawyer, teacher, coach – is a choice. The choice to work with someone should be based on many things. Among them, their expertise, their character, their professionalism, their enthusiasm for your child (not to be confused with OVER-enthusiasm), their like-minded vision, and what we categorize as “vibe”.

Knowing and Following Labor Laws

In California, a parent who applies for and receives an entertainment work permit is signing under the penalty of perjury that they are aware of, and will abide by, the laws governing child actors – including work hours and working conditions. A parent should always know the laws in the state they are working. Permit requirements and working hours vary from state to state. There is a great resource at SAG.org – which is a state by state summary of the laws pertaining to child actors. The penalty for violating child labor laws falls on the parents…not production. The buck stops at mom!

Teaching and Demonstrating Professional Behavior

Parents teach their children most of the behaviors and skills they have. For young performers, a parent is responsible for instilling in their child a professional work ethic, which includes being on time, paying attention, and being prepared. When employed, someone is paying your child for services rendered, and usually paying them quite well.

Although everyone is understanding about a child’s behavior (depending on their age) a successful young performer should understand the expectations of them. Professional behavior also extends to the parent, as well. California state law and SAG contracts require that a parent be within sight or sound of their child at all times. Please take this responsibility seriously. Be supportive and always attentive to your child’s needs, but remain professional and appropriate.

Being a Knowledgeable Part of Your Team

We discussed above the importance of selecting appropriate members of your “team”. One of the areas that we feel very strongly about is that the parent remains a part of that team. What does that mean? It means that you allow those you are paying to do their jobs, but not that you allow them to relegate you to being a “stupid” parent. The parent who is educated and aware of their responsibilities will nicely compliment the rest of the team. If someone else is intimidated by a knowledgeable parent, that is a cause for concern.

Always keep in mind who has what primary responsibility (you aren’t going to find a bullet point here for seeking employment as that is not a parents responsibility). However, please don’t assume that your agent is doing all of your financial bookkeeping for you – or will tell you about every change in the laws. They expect YOU to be aware of your responsibilities.

Dealing With Unions

For many child performers their career path will involve one or more of the entertainment unions (SAG – Screen Actors Guild, AFTRA – American Federation of Television and Radio Artists, AEA – Actors Equity Association, and AGVA – American Guild of Variety Artists). Each of the unions has their own jurisdiction – which means if your child is working on a union tv pilot– it will be a SAG-AFTRA job. Recent events have caused some of these lines to blur, however.

The jobs that affect union eligibility and the decision about when to join is definitely something a parent has to pay attention to. SAG membership joining fees are equal to 3 days of principal work. (approximately $3,400). There is a time in a career path that it’s a reasonable thing to do, however joining the union eliminates a member from working on non-union projects. There are many resources, including this site, which can help you sort out how one earns the opportunity to join the union – and how to plan for that.

An additional parent responsibility related to unions is to ensure that the child follows those agreements of their union and understand the union status of a project prior to accepting employment. That means honoring the commitment to not work non-union after joining one of the unions.


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Handling Finances

This is a huge area of responsibility for a parent. HUGE. Until the time, if ever, that your child’s career has become so lucrative that they need a business or financial manager, that responsibility falls to you. In California, New York, Louisiana, and New Mexico there are laws related to trust accounts for child performers.

You will find other documents on this site related to specifics of what the parent responsibility is in that regard – but generally – a parent is responsible for doing research about banking options and opening an appropriate account, monitoring the withholdings from employment and matching them to deposits made into a trust account, communicating with employers past and present about accurate account information, and seeking alternative investment opportunities that are allowable by law.

Day to day decisions should be made with good financial sense.

In California, the child actually OWNS all of their earnings, which is a distinction from every other state where those earnings are considered family money. Although it is certainly appropriate for their earnings to pay for their expenses related to employment – it is a parent’s responsibility to show good financial judgment. This includes not repeatedly paying for overpriced photo sessions and similar optional business expenses. It is very easy to quickly whittle away past earnings in pursuit of other employment. Be prudent and mindful of those expenses.

In many states, including California, minors are eligible for unemployment compensation. There is a very comprehensive article on our website about Unemployment in California. It is a parent’s responsibility to determine if their child is eligible for benefits, and if they wish to apply for them. The biggest financial responsibility that parents are often not aware of concerns Income Tax. Federal tax law indicates that a parent is liable for a minor’s tax liability – so don’t make the mistake of thinking they don’t expect a child to file Income Tax returns. Minors pay taxes just like every other wage earner. There is a very detailed article on this site related to the specifics of Income Tax.

Lastly, it is a parents’ responsibility to ensure wages are received and that commissions, bills and union dues are paid.

Understanding Contracts and Legal Papers

The professional young performer will encounter many, many contracts, agreements, and employment documents throughout their career. It is a parent’s responsibility to understand these contracts and to act in the best interest of their child. Contracts include those between agents, managers, employers, photographers, etc. Critical components to agent/manager contracts include length of time, commission %, what work is commissionable, and the “out clause” to end the contract, if necessary.

Contracts with employers are usually reviewed by the agent, but it is still the parents ultimately responsibility in the end. Legal papers include I-9 and W-4 documents related to employment. Be sure to have the appropriate documents available on set and complete W-4’s accurately.

If you don’t understand something, ask an expert. Sometimes BizParentz can help, sometimes it is wise to hire an entertainment attorney. As your guardian of your child’s business, it is your job to learn what you can, and know when to call in the experts! Signing contracts that affect your child’s future is a very serious thing!

Making Sure Your Child Has an Education

In all 50 states, it is required that a child attend some sort of school. State laws vary, but choices could include public school, private school, home school programs, charter schools, etc. Pursuing an entertainment career should never mean sacrificing your child’s education. If you child is successful in the industry, they will need an education to be able to handle their success as adults (contracts, etc), and if they decide to grow into another career they will need an education outside of showbiz. Do not think that a trip to Hollywood means a vacation from school. You could end up being charged with truancy! Make sure you are making good choices that are right for your child’s learning style and that you are legally schooling according to the laws of your state. Schooling on set is law in California, a requirement in most union contracts, and it is always negotiable even in places where education is not required.

Protecting Your Child’s Image and Privacy

No one cares about your child’s future more than you do. There is one thing you cannot get back once it is gone…your child’s privacy. It is the parent’s responsibility to market them (or supervise the marketing) appropriately and to make sure your child is safe from predators. A good rule of thumb is to consider, “How will my child’s daughter feel if they saw this in 30 years?”. This means being conservative in where you put your child’s picture on the internet. It means carefully considering the kinds of roles you choose to allow your child to do (this isn’t the agent’s responsibility—it is yours!). You are the guardian of your child’s future.

Resources

Entertainment Payroll Basics and What You Need to Know

  • by Jenn David

The basic laws covering film and TV production payroll are similar to those that govern payroll for other businesses. But some wage-and-hour rules are made specific to the entertainment business for the Motion Picture Industry. Other provisions are made for specific crew member classifications, or for entire areas of production, in collective bargaining agreements negotiated by film and TV union locals.

In this section, we examine some of the basic legal requirements for processing entertainment payroll, particularly in the state of California. We also define and explain some common terms in entertainment labor law, e.g. workweek, hours worked, regular rate of pay, the difference between a discretionary and nondiscretionary bonus, and the distinction between net pay and disposable pay. Many of these rules and terms will be most useful in non-union payroll situations, but some will apply to union cast and crew as well.

Minimum Wage and Overtime Laws

The Fair Labor Standards Act (Federal) requires that all non-exempt employees be paid 1 ½ times their regular rate of pay for all hours actually worked over 40 hours in one week. According to the California Labor code, section 500-510, all non-exempt employees must be paid 1 ½ times their regular rate of pay for all hours actually worked after 8 hours per day, 2X after 12 hours. For the 6th day worked, 1 ½ for the first 12 hours, 2X after 12. For the 7th day worked, 1 ½ for the first 8 hours worked, 2X after 8 hours.

Regular Rate of Pay

The regular rate of pay is an hourly pay rate determined by dividing the total regular pay actually earned for the workweek by the total number of hours worked.

“Hours Worked” Defined

“Hours Worked” includes the time during which an employee is subject to the control of an employer, and includes all the time the employee is permitted to work, whether or not required to do so.

“Workweek” Defined

A workweek is defined by the FLSA is a fixed, recurring period of 168 consecutive hours (7 days X 24 hours).

A workweek defined by the California Labor Code and the IWC is any seven consecutive 24 hour periods, starting with the same calendar day each week, beginning at any hour on any day, so long as it is fixed and regularly recurring.

What’s Included in Regular Rate of Pay

Base pay for all hours worked. Nondiscretionary bonuses – also known as “bumps,” “adjustments” or any payment made related to production, efficiency, quality or performance. Fair market value of noncash items. Shift premiums. Retroactive pay – it must be prorated over the period covered.

Multiple Hourly Rate Calculations

The following example is how to calculate multiple rates worked in one workweek:

Mon – $8.00 X 8 hours = $64.00

Tues – $8.00 X 9 hours = $72.00

Wed – $9.50 X 8 hours = $76.00

Thur – $10.50 X 10 hours = $105.00

Fri – $8.00 X 8 hours = $64.00

Total – $381.00

$381.00 divided by 43 hours = $8.86

$8.86 X .5 = $4.43 (overtime premium rate)

$4.43 X 3 hours = $13.29 (premium for overtime)

$381.00 + $13.29 = $394.29 = Total weekly pay

Bonuses (Discretionary vs. Non-discretionary)

The answer to whether a bonus, adjustment or bump must be included in the regular rate of pay for overtime depends on the reason for the extra pay. A nondiscretionary bonus, or one that is promised or announced to the employee in advance to being paid or that is dependent on hours worked, or productivity must be included in the regular rate of pay for overtime purposes.

For example, an hourly employee who earns $8.00 per hour in a 40 hour workweek has a regular rate of pay of $8.00 per hour and an overtime rate of $12.00 ($8.00 X 1.5).

If that same employee received a $50.00 production adjustment for that week, the employee’s regular rate of pay would change to $9.25 per hour ($50.00 plus the regular weekly rate of $320.00, divided by 40 hours) and the overtime rate becomes $13.88 per hour for that week ($9.25 X 1.5).

A discretionary bonus which is paid solely at the discretion of the employer, such as a Christmas bonus, does not have to be included in the regular rate of pay. The bonus should not be measured by or dependent on hours worked, productivity, or efficiency, and it may not be part of any employment agreement.

Retroactive Pay

Retroactive pay is a delayed payment for work which has already been completed. The most common reason is ongoing labor negotiations. While negotiations are being reached, the employer continues to pay the employees at their established rate. When the negotiations are over, and there is a clause that entitles the employees to a wage increase on a set date, the employer is required to make up the difference with a retroactive pay check. Media Services calculates all retroactive payments for its clients, based on union agreements.

Vacation Pay

For non-union film and TV crew, there is no legal requirement in California that an employer provide its employees with paid or unpaid vacation time. However, if an employer has an established policy to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation. Under California law, earned vacation time is considered wages, and vacation time is earned, or “vests,” as labor is performed. Vacation pay accrues as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination. All earned and unused vacation must be paid to the employee upon termination at his or her final rate of pay. In California because vacation pay is considered wages, an employer cannot have a “use it or lose it” policy, it is illegal and will not be recognized by the Labor Commissioner. An employer can put a “cap” or “ceiling” on vacation time that can be accrued. Once a certain level or amount of accrued vacation is earned and not taken, no further vacation pay accrues until the balance falls below the cap.

Minimum Wage and Overtime Laws

The Fair Labor Standards Act (Federal) requires that all non-exempt employees be paid 1 ½ times their regular rate of pay for all hours actually worked over 40 hours in one week. According to the California Labor code, section 500-510, all non-exempt employees must be paid 1 ½ times their regular rate of pay for all hours actually worked after 8 hours per day, 2X after 12 hours. For the 6th day worked, 1 ½ for the first 12 hours, 2X after 12. For the 7th day worked, 1 ½ for the first 8 hours worked, 2X after 8 hours. For union employees, their vacation pay is determined by a Collective Bargaining Agreement. Most agreements pay 4% of straight time earnings directly on the employee’s check.

Holiday Pay

There is nothing in California state law that mandates an employer to pay an employee a special premium for work on a holiday, Saturdays, or Sundays, other than the overtime premium required for work over 8 hours in a day and 40 hours in a workweek. For union employees subject to a collective bargaining agreement, such as the Hollywood Basic, holiday is generally accrued at 3.719% of straight time earnings and paid out at the end of the show.

Waiting Time

To ensure that employers comply with the law governing the payment of wages when an employment relationship ends, the Legislature enacted Labor Code 203, which provides for a penalty against the employer when there is a willful failure to pay wages due the employee at the end of the employment relationship. If an employee is fired, all wages including any unused vacation must be paid at termination. The same applies if the employee has given 72 hours notice of quitting. If the employee does not give notice, the employer has 72 hours to make payment or waiting time penalties will apply. The penalty is the employee’s daily rate for each day the employee was not paid, up to a maximum of 30 days. The waiting time penalty is not wages, so no deductions are taken from the payment. The penalty includes all days including weekends, non-workdays and holidays.

Rest Periods

In the state of California, employers must give employees a 10 minute paid rest period for every 4 hours worked. The rest break must be given as close to the middle of the 4 hour period as practical. A rest period is not required for employees who total daily work time is less than 3 ½ hours. If an employer fails to give an employee a rest period, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided. Working through rest periods does not entitle an employee to leave early or come to work late.

Reporting Time Pay

Reporting time pay is an important concept for production payroll. Each workday an employee is required to report to work, but is not put to work or is furnished with less than half of his or her usual or scheduled day’s work, the employee must be paid for half the usual or scheduled day’s work, for no less than 2 hours and no more than 4 hours. No reporting time pay is due when the following conditions exist:

1. When the employer’s operations cannot begin or continue due to threats to employees or property.

2. When public utilities fail to supply electricity, water or gas.

3. When the interruption of work is caused by an “Act of God,” such as an earthquake.

4. When the employee leaves work on his or her own accord. Reporting time pay is not considered wages, and therefore not used in determining if overtime is due.

Meal Periods

In California, an entertainment industry employer may not have an employee work for a period of more than 6 hours (5 hours for other industries) per day without providing a meal period of at least 30 minutes. The exception to this rule is when the total work per day is 6 hours or less. Unless the crew member is relieved of all duty during his or her 30 minute meal period, it is considered a “on duty” meal period that is counted as hours worked and paid at the employee’s regular rate of pay. If the production fails to provide an employee a meal period, the company must pay one additional hour of pay at the employee’s regular rate of pay for each workday that a meal period is not provided.

Layoffs

Many states and unions have regulations regarding final payments to employees who are laid-off. In many cases a check must be issued within 24 hours after the lay-off, excluding Saturdays and Sundays. California law states that if an employee is fired, the final check must be given immediately. If the employee quits, the check must be available within 72 hours, or immediately if 72 hours notice was given. On the final timecard for an employee the production should write “Finished” or “COA” (completion of assignment) and get it to the payroll company as soon as possible. If an employee is fired for cause and the production wishes to fight unemployment for the fired employee, they should write “fired” on the timecard and attach a full explanation.

Disposable Pay vs. Net Pay

Under the CCPA (Consumer Credit Protection Act) earnings, for the purpose of defining disposable pay include salaries, commissions, bonuses or other compensation. They also include payments to a retirement and pension program. Disposable pay is not net pay. Net pay is the result of subtracting all deductions from gross pay. Disposable pay is derived by deducting from gross pay all deductions required by law, including federal and state taxes. Not included is deductions for health insurance, retirement plans, credit unions, bonds, other wage attachments and voluntary deductions. The computation for disposable pay varies from state to state. Where state and federal differ, employees are protected by whichever law is the most protective of the employee.

Non-Taxed Income

This includes any income that is voluntarily withheld to pay for an employee’s medical or dental premiums, or any contributions to a “cafeteria” type medical plan. It can also include contributions to a retirement plan such as a 401(k). Media Services offers health plan options to clients who process their in-house staff payroll with us. We will also withhold contributions for a retirement plan, if the production company or studio provides one.

Deductions from Pay: Voluntary vs. Involuntary

There are two kinds of employee payroll deductions: voluntary and involuntary. Voluntary deductions include those mentioned above, such as health plan premiums and 401(k) deductions. Involuntary deductions include all garnishments, such as tax levies, marital and child support, attachments and creditor collections. While income tax may be an involuntary deduction, the employee to some extent determines the rate at which taxes are deducted each paycheck, via withholdings on his or her W-4.

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Youth Performers

How to Format Your Child Actor Resume

  • by Jenn David

Whether your child is a new actor just breaking in, or a more experienced actor who needs a little “resume make-over”, this information is for you! Many parents struggle with how to present their child’s work experience in a resume format. Who knew we would ever have to create an employment resume for someone who is 5 years old? It is common for parents to stray away from industry standards, or give unintentional, subtle messages that are negative, while creating a resume.

A MARKETING TOOL

Start with the philosophy. An acting resume is a MARKETING TOOL. It is designed to show what you CAN do and the experience that has been obtained via prior work. It is designed to sell. It needs to be short enough, with big enough print for someone to be able to READ it.

However, it is not necessarily a list of everything your child has ever done. That is an important concept. We all want to list every job our kids have worked so hard on. As a career progresses, you simply can’t. Consider the value of showing a good sampling of what the kids have done–the things you WANT to show the CD. The resume really ends up being ‘the best of’ a body of work. That requires you to make a conscious decision about each credit. What impression will it project to the reader?

Think of it this way: Say you are applying for a Vice President job at IBM. Your prior work experience includes three things: a fry cook job during high school at McDonalds, working as a clerk in a law office in college, and then you were a non-paid intern at Microsoft. Would you put the McDonald’s job on your resume? NO. And if for some reason you did, you certainly wouldn’t put it at the TOP of your resume! Why? Because it didn’t have anything to do with the job you do want NOW. It is so low-level, that it would give the impression that you are a fry-cook, not an executive. In the case outlined above, your internships and non-paid jobs were more applicable to the IBM job you WANT right? They say, “up and coming…I know what I want and am working toward that…”. So you highlight those and forget you ever worked at McDonalds.

An acting resume should only include ACTING, and things related to ACTING. It is a tool to indicate PROFESSIONAL work experience.


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Due to COVID-19 our offices are closed and our team is working remotely.  Email is the best way to contact us – until further notice:

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