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News

falcoln-winter-soldier News

The Falcon and the Winter Soldier

  • by Jenn David

Following the events of “Avengers: Endgame,” Sam Wilson/Falcon (Anthony Mackie) and Bucky Barnes/Winter Soldier (Sebastian Stan)

OVERVIEW

Following the events of “Avengers: Endgame,” Sam Wilson/Falcon (Anthony Mackie) and Bucky Barnes/Winter Soldier (Sebastian Stan) team up in a global adventure that tests their abilities—and their patience—in Marvel Studios’ “The Falcon and The Winter Soldier.”

Vox magazine gives us an inside look on what to expect on Marvel’s first Disney+ show.

Anthony Mackie as Sam Wilson and Sebastian Stan as Bucky Barnes in The Falcon and the Winter Soldier.
 Courtesy of Marvel

In episode one, we catch up with Anthony Mackie’s Sam Wilson, a.k.a. Falcon, who’s become a government freelancer of sorts. He’s helping the Air Force on covert missions. But he’s not doing so as the next Captain America — a bit of a surprise, since Endgame concluded with Steve Rogers passing his iconic vibranium shield to Sam. That shield and the legacy it represents weighs on Sam, and the episode sets up the questions of whether he’ll be able to balance his own sense of self-worth, overcome his self-doubt, and become the hero Rogers wanted him to be.

Meanwhile, Sebastian Stan’s Bucky Barnes, a.k.a. the Winter Soldier, is stateside and trying to work through his trauma. Someone has set him up with a therapist — an absolutely great, commonsense decision of the type we rarely see in the Marvel Cinematic Universe — and Bucky is trying to make amends with all the people he’s done wrong. The problem is Bucky spent a lot of time as a trained, augmented, and brainwashed HYDRA assassin who is also 100-something years old. Trying to make up for all the grief he’s caused could easily spiral out of control and include generations of people whose lives he ruined.

If you’re Bucky, at what point do you just decide to do the best you can? Can you ever stop? And will amending wrongs ever make up for all the pain you caused? The Falcon and the Winter Soldier clearly wants to explore these kinds of questions, and judging by the title, it seems both Falcon and the Winter Soldier will find some kind of peace in each other, despite their respective struggles.

JL-David-Aaron-Haynes-Headshot

‘AJ Wilson’ (Sam Wilson/Falcon’s Nephew) is played by Aaron Haynes.

Aaron appears as a recurring guest star in the first season. He is represented by Jenn David of JL David Agency and managed by Ben Phelps of Emagine Content.

The all-new series is directed by Kari Skogland; Malcolm Spellman is the head writer. Streaming exclusively on Disney+.

NETWORK: Disney+, DIRECTOR: Kari Skogland, HEAD WRITER: Malcolm Spellman, CAST: Anthony Mackie, Sebastian Stan, Daniel Brühl, Emily VanCamp and Wyatt Russell, RELEASE DATE: March 19, 2021

News

‘Lovecraft Country’: Trenton Rostedt in Premiere Episode Of HBO…

  • by Jenn David

EXCLUSIVE: Screen Actors Guild Awards Nominated, for his Outstanding Action Performance in Westworld, Actor Trenton Rostedt is set to star in Season 1 Episode 1, as Deputy Dalton, opposite Jonathan Majors, Jurnee Smollett-Bell and Courtney B. Vance in HBO’s upcoming straight-to-series drama Lovecraft Country, from Misha Green, Oscar winner Jordan Peele and his Monkeypaw Productions, J.J. Abrams’ Bad Robot and Warner Bros Television.

Penned by Green based on the 2016 novel from Matt Ruff, Lovecraft Country follows Atticus Freeman (Majors) as he joins up with his friend Letitia (Smollett-Bell) and his Uncle George (Vance) to embark on a road trip across 1950s Jim Crow America in search of his missing father. This begins a struggle to survive and overcome both the racist terrors of white America and the terrifying monsters that could be ripped from a Lovecraft paperback.

Daniel Sackheim, Peele and Green, who also showruns, executive produce, along with Bad Robot’s Abrams and Ben Stephenson, Bill Carraro and Yann Demange, who directs the first episode.

Rostedt is known for his work on Westworld (2016), Real Heroes (2014) and To Hell with a Bullet (2013). He most recently was seen guest starring in FOX’s Crime, Drama, Thriller series Mayans M.C.  Rostedt is repped by Jenn David (JL David Agency ) and Eileen O’Farrel (O’Farrel Management).

Casting Profiles

Setting Up Your Actor’s Access Profile

  • by Jenn David

Actors Access is an online membership site that allows actors to submit directly to casting breakdowns posted by casting directors. Breakdown Services which owns and operates Actors Access releases over 43,000 projects per year and has a database of over 1.1 million actors.

Founded by Gary Marsh, Breakdown Services (and its growing family of services) has been a part of the industry and the actor’s life since 1971. Breakdown Services publishes an astonishing 95% of all professional film and TV projects in North America.

#1 Creating an account

You can create an account for free by going to ActorsAccess.com and clicking the green “Create a Free Account” button. You’ll be able to upload 2 headshots as well as your first SlateShot (we will discuss this below in #7) for free. However, you will pay $2 USD per submission and you will pay to attach your media to submissions (reel) and pay to use ECO Cast (Virtual Auditions).

actors access guide

Since you are looking to do this professionally, you will want to be submitting for as many jobs as you can to make the most out of the incredible access this platform gives actors. So you would be best served by creating and paying for an Actors Access Plus account which gives you unlimited submissions, unlimited ECO Cast auditions, no charge to include your media in submissions and more.

#2 Costs: Your investment in your career

Paying $2 per audition submission, $1 per page of the sides you need to prepare, and being charged for attaching media to submissions and ECO Cast auditions will add up QUICK! That could be $10 for ONE audition!

Professional actors know the benefit of investing in their acting business and choosing to spend $68 USD/year for unlimited submissions, no charge for sides, unlimited ECO Cast auditions, no charge to attach media to your submissions and more is a much smarter use of your money.

Here is the comparison between the two accounts.

Actors access account

#3 What to upload

Now that you have registered your account, you need to upload your materials that will be visible on the platform to casting directors (and agents if you have one and they are connected to Actors Access). You will also use these materials in your submissions. 

Here is the main screen to access all your materials and preview your account.

actors access

Headshots

You need to have at least 2 professional headshots that match your type and align with the roles that you can play best right now. They shouldn’t be more than a couple of years old and need to represent you as you look right now. If you change your hair, change your weight, grow or shave a beard, your photos should represent that. 

*PRO TIP: Because Actors Access is a digital database no one needs physical photos, which means you should absolutely have multiple photos on the platform. Have a picture for the 7-10 types of characters you play well (and often get called in for). If you can submit a picture and a clip that showcases you as the type of character in the casting breakdown, you have a far better chance of getting an audition than submitting something that is not as specific. 

“Actors are not using Actors Access correctly. You need to have multiple headshots, not just a commercial and theatrical shot. Have a headshot for every type of character you can play and submit that! That makes casting’s job far easier and you can book more auditions.” – Wendy Alane Wright, Los Angeles Talent Manager and founder of Hollywood Winner’s Circle

Resume

Upload a PDF of your resume so you can attach it to a submission if you need to. But make sure you also completely fill in the online resume and keep your resumes up to date.

Reel

The days of sharing your full 90-second reel with 3-5 of your best clips to casting in a submission are gone. Literally, NO ONE has time for that. Instead, you should upload clips individually (or edit them inside the Actors Access platform) and submit the best clip for an audition. This respects casting’s time and will get your footage seen more often. 

*PRO TIP: Just like the headshots, you should upload multiple clips that showcase your best work in different types and characters that match you really well. Casting, Agents, and Managers now agree that even very well-done self-tapes can be submitted if they show that you match this role they are casting. It’s far better to submit a headshot and video clip that is absolutely aligned with the role rather than a general look and a clip from your reel that is “dramatic.” Show that you respect their time, you’re trying to solve their problem, and that you get it!

*PRO TIP: Show your special skills! If you can do sign language, sing like a bird, juggle, surf, etc. get a video clip of that up, on the platform so you can submit that! You will hands down beat out someone who does not have that footage. 

#4 Completing your online resume

It bears repeating that you should take the time to fill in the online version of your resume on Actors Access since this information shows up alongside every submission and is often much faster for casting to see than having to open an uploaded image of your resume. Remember, they could receive THOUSANDS of submissions for EACH ROLE. Respect their time and respect their job. Do everything you can to make their job easier.

#5 Do a Slateshot

You know whether you like someone in the first few seconds you meet them. While your headshot will be the first thing casting sees, it may not give them a sense of your personality and certainly not what you sound like. That’s where a 7-second SlateShot can be a huge advantage.

actors access slateshot

What is a Slatesehot

  • Each photo can have its own SlateShot, so an actor can match the tone or look of each photo.
  • A 7-second video clip that brings your headshot to life.
  • When a headshot is submitted, casting can watch the attached SlateShot.

Here is what casting sees:

actors access SlateShot

*PRO TIP: Because you can have a slate shot for each photo, feel free to showcase your personality and align it with the character you might be portraying in the photo. This is 7 seconds for you to “step in the room.” Don’t just state your name – tell a joke, describe your type, bring the energy of this look to life.

WAIT! Before we move on, it’s important to be aware of HOW submissions are presented to casting directors. With potentially 2,000 or more submissions per role, casting has a big job to look through all of them. Most pros will look at each submission but Actors Access has a default priority to submissions based on what materials are included in that submission. You should know this.

How Submissions Look to Casting:

  • Seen first will be submissions that include a SlateShot and video.
  • Seen second will be submission with just video.
  • Seen third are submissions with just a photo.

#6 What is ECO Cast?

ECO Cast is called a “virtual audition,” but it’s really a self-tape! That means after you (or your agent) submit for an audition, casting can request an ECO Cast and give you a deadline to submit it by and some details for your audition.

You would receive this ECO Cast request through Actors Access and you would upload and submit your video there as well. It’s a helpful streamlined process for self-tapes.

*PRO TIP: Self Tapes are used more now than ever before so you must ensure you practice your self-tapes, improve your equipment and set up and be sure you can easily and reliable shoot a high-quality self-tape no matter where you are. The Self Tape Mastery Group on Facebook has free expert insight, tips and resources to make your self tapes your best auditions.

#7 ECO Cast Live.

Now that almost every single audition is done remotely, Actors Access has expanded the ECO Cast system to include ECO Cast Live which allows casting to hold “virtual auditions” in real-time.

If an actor is selected to audition, they are given an audition time and a link to show up through ECO Cast Live, join a waiting room, mark themselves as ready and then read for their audition. The audition is similar to Zoom or another video call that allows casting to give actors redirects and record the auditions real-time.

If you receive an ECO Cast Live audition you will see the ECO Cast Live button on your profile turn blue. You can then proceed with confirming your audition and scheduling your time.

actors access ECO Cast Live

#8 Manage your email updates

Be sure to allow Cmail email notifications so you’ll never miss your next audition. You will be notified via email when you have an ECO Cast Live audition or other audition requests.

To stay up to date on auditions that match your skills and your profile so you can submit ASAP (it’s always best to submit THE DAY OF THE POSTING), you should allow Cmail to email you with breakdowns that match your profile.

*PRO TIP: If you can legitimately work as a local in more than one region, you can select up to two regions for your Cmail preferences. This will allow you to receive breakdowns that match your profile for LA and New Mexico, as an example.

#9 Use the app

Currently available for iOS platforms, the Actors Access app allows you to receive breakdown notifications that match your profile, submit to auditions, and respond to audition invitations without navigating the website.

#10 Update this platform often

It is crucial that you keep our resume, headshots, reel and clips updated. It can be easy to forget to add an award, update a special skill or class, or include that last self-tape that was great and showed you in a role you don’t have any reel material for. But it is very important to do all of that. These current materials are what allow you to market your acting business with the best tools available. Set yourself up for success.

Some final thoughts:

With literally thousands of submissions for every role, focus on standing out by aligning with the breakdown and solving the problem casting is trying to solve, not trying to get discovered or get on their radar. “It’s not about the actor, it’s about the role.” – Brian Wold, co-founder of Casting About

Create a custom link (PrettyLink, Bitly, etc.) to make a custom link to your ActorsAccess profile that is short, memorable, easy to use in messages, email, postcards and more, AND you can track when and how many people are clicking on it.

Keep practicing. Don’t just practice auditioning when you have an audition! Practice reading and memorizing sides. Work on improving your self-tapes by practicing twice a week even if you have no auditions. Spend time reading for a role over Zoom or a similar platform so you are ready for callbacks or an ECO Cast Live audition. These skills will ensure your next audition is as stress-free as possible giving you a TON of confidence.

Auditioning

3 Commercial Audition Tips From a Talent Agent.

  • by Jenn David

When you are auditioning for a commercial via a self tape there are a few key foundational principles that I believe can transform your performance.

1. Eye line

You want to adjust your camera set up to match your exact eye line, so it seems as if you are talking to your best friend, which is (the camera). The goal is to make the person on the other end watching feel like they are in the conversation with you. 

2. Volume and Pacing

You want to deliver your dialogue at a conversational volume level and a relaxed pace.  You want to avoid sounding rushed, too loud, or overexcited. Remember the main goal of advertising any product is to evoke certain emotions in the viewer that leads to a potential sale. 

An actor that demonstrates their ability to effectively present the product properly is essential for casting and producers when auditioning actors to be the face of their brand.  

3. Choose Your Shirt Color Wisely

There is an actual science behind this key point and why choosing the right color to wear can have an affect on your commercial audition. This is known as “the psychology of color” and is used every single day by major advertising campaign decision makers.   So, we want to avoid that color in auditions and headshots.  

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.


Read Related Posts >>

  • How to Format Your Child Actor Resume
  • August 6, 2020
  • Verifying Information Reported for Your Child Actor
  • August 7, 2020
  • Tips to Instantly Improve Your Self Tape Video
  • August 6, 2020

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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Portfolio Materials

How To Format Your Actor Resume

  • by Jenn David

Believe it or not, actor resumes are one area where the entertainment industry is pretty standard. Geography doesn’t make that much difference. That’s why most of the nationwide casting sites give you the same basic format to use when entering your resume.

Your resume should be in 10 or 12 point font. No script, just clear simple fonts. For the printed resume, cut it down to 8 x 10, so that it can be neatly attached to a head shot.

Acting resumes always start with the actor’s name, contact information (your agent or manager) and union status. Put this stuff in big bold letters at the top. It’s the most important thing!

There are varying opinions about including personal details such as age, height, weight, hair color, etc. Please always ask your representative what they prefer. However, guidelines related to safety include NOT putting home phone number, home address, and social security numbers on the resume. Use cell phones and P.O. boxes.

You do not get to say you are SAG unless you have paid the big bucks and actually joined. This is a big deal, since it may ultimately involve fines for producers if the union status is inaccurate on the resume. You want to be VERY sure of your child’s status, and put SAGe (for SAG eligible) if they are. SAGe is a good thing–you can do both non-union and union work, and producers know they won’t have to file Taft Hartley paperwork for your child. (Of course you have to be ready to join right away if need be). .Some agents and managers advise that actors at higher levels do not need to put SAG/AFTRA at the top of their resumes. Their credits make that obvious.

The rest of the resume is done in a 3 column format, and with certain categories. The first column in each category is the name of the project, second is the role/type of role, the third column is some identifying info–the studio, the director.

So it looks like this:

FILM 

Titanic            Supporting                  Dir James Cameron/Paramount

The sections are always:

FILM

TELEVISION

COMMERCIALS (you don’t actually list these unless you have nothing else, but you can say “conflicts available on request”)

THEATRE

TRAINING

SPECIAL SKILLS


Note: In New York , often the THEATRE section is first because the NY market places more value on the theatrical experience of an actor. In Los Angeles it is always in the above the order as the work in LA makes it more of a film/TV town.


You simply eliminate any sections in which you lack credits, or in which you just don’t want to share the info FILM categories do not generally list the NAME of the role. Just one of these:

  • Lead
  • Supporting
  • Featured

TELEVISION also does not list the name of the role. TV roles are:

  • Series Regular
  • Recurring
  • Guest Star
  • Co-Star
  • Featured

THEATRE is a bit different: That section often does list the names of the characters because it is assumed that CDs are trained in classics and the character name of the role gives them more information about the scope of the role. For example, if the resume credit includes the name” Betty” on Friends, that character name adds no valuable information for a Casting Director. They likely aren’t going to remember a character named Betty from an episode of a show that was on the air for several years. On the other hand, listing “Dorothy” in the Wizard of Oz, rather than ‘lead’ would give them more information about that experience.

A really important element of appropriate credits is to remember that credits are given, earned or negotiated as part of a contract. For films, crediting refers to the ‘order’. Be careful and realistic when assigning lead, supporting or featured/principal to that role. For TV work, the credit is specifically indicated on the contract. There’s no willy-nillying that one. Maybe you feel the work done was really greater than someone else who lists a bigger credit – that doesn’t mean you can just decide to “up” your credit. It’s very common, for example, that a role that might be a guest star for an adult would be categorized as a lower paying and lesser level credit of co-star for a child actor. This isn’t widely abused, but it happens often enough that it’s worth mentioning here.  When in doubt, check your contract.

COMMERCIALS – as mentioned above aren’t normally listed on a resume, unless specifically requested by an agent or manager. One reason is that if you list all of the products your child has advertised for – you are also indicating to a Casting Director that there are potential conflicts. You wouldn’t want to list a Kellogg’s Fruit Loops commercial from 5 years ago. Because you aren’t indicating any dates, it might appear that your child has a conflict where they couldn’t do a Post Raisin Bran commercial now. Most people will indicate that “conflicts are available on request”. Then if that information is required, a CD can get the up to date conflicts your child has, if any, from your agent.

TRAINING and SPECIAL SKILLS categories are a bit of a free-for-all, but they also have no dates.

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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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Auditioning

Tips to Instantly Improve Your Self Tape Video

  • by Jenn David

What is a self tape?

Self Taping is an increasingly used method of casting in the film and television industry, and now even in theatre. Instead of going along to a conventional audition, casting or screen test, actors are asked to film their own auditions, edit the scenes together and upload or email the finished product to the casting director or production company concerned, sometimes to extremely tight deadlines. While some people embrace the challenge, others find the process daunting and confusing, even terrifying, not knowing where to start, whether they’ve got it right or if what they have filmed is of good enough quality.

Why self tape?

There are a number of reasons that a casting director or production company might ask you to put yourself on tape. They may need to see performers who are from a different country before they go there to shoot, they may be unable to get the director or other members of the creative team into the same room at a given time, or they may simply be looking to save money, as hiring a studio or casting suite is expensive. On the plus side, they will be able to see many more actors than at a conventional audition, you can tape your audition whenever suits you, rather than having to make yourself available at a specific time and you could also save money on expensive last minute train or plane tickets.

Do I need expensive equipment?

No! While this was certainly the case in the past, technology these days means that most mobile phones and tablets now shoot high definition video through their cameras, which is perfectly good enough quality for a self tape. You may also need a chair or stool to sit on, as it’s easier to shoot yourself sitting rather than standing, a solid backdrop, a tripod or ladder to get your device to the required height and keep it still, and good light, if necessary, to make sure you are well lit and not acting with some, or all of your face in the dark.

“The eyes indicate the antiquity of the soul.”

– Ralph Waldo Emerson

Top Tips To Instantly Improve Your Self Tape

EYE LEVEL

1.  Best if the camera is at eye level. 

2. Have your reader directly to the left or the right of the camera with their eyes in line with the lens. 

3. Have the reader stand as close to the camera as possible, slightly in front of the camera if possible.

self tape video
Eye Level and Framing Example

FRAMING 

1. Rule of thirds. Top third of the frame going through your eye line. 

2. Close up – Film and TV 

3. Medium – Musical Theater and some Broad Comedy 

4. Wide – I would only use if I were doing Dance. (Dance should include entire body, from head to toe)

CAMERA AXIS

1. If there are multiple characters in the scene, place one character left and one right. 

2. Try to use the camera axis to open up your performance.

3. Looking across the camera opens you up to the camera and the audience. 

4. Staying on one side of the camera will close you off from the audience, which can be a great choice for certain characters. 

MOVEMENT 

1. Side to side movement will sometimes create distraction. You want your feet to feel more planted than in a theater audition. 

2. Moving toward the camera is strong choice, it brings the frame closer to your face, and lets us deeper into your emotional life. 

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  • by Jenn David

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