F
filmgirl
Guest
What is the name of your state?What is the name of your state? Los Angeles, CA
My question is two-fold: what is the true status of my worker-employer relationship; and, depending on the answer to that question, do I have any legal ground regarding my rights for minimum-wage?
I signed a contract with a small production company to edit a film made by the production company's owner. The language in the contract indicates that I am a "free lance editor" participating in an "internship project". The amount to be paid to me for what was to be three months' work was $1,500.00. The payment schedule was divided into three payments; the first of which was to be received by me at the time of the first rough cut screening, the second payment on the second rough cut screening, and the third upon completion of the film.
I work on a specified computer system provided by the owner at the owner's office. The raw footage shot by the owner/director was so poor with such extensive technical problems as to make full completion of the project within three months virtually impossible. As of now, the project's full duration is estimated to be at least 6 months. An additional factor contributing to the delay in the project is lack of access to the computer/editing system due to work on other film projects, also by the owner, being performed on the same system, as well as technical problems with the computer itself.
While the owner does provide snacks and drinks and a clean workspace, the overall atmosphere is very uncomfortable for several of the "freelance" editors working there. The owner makes lewd sexual jokes and has an intimidating manner toward all of us. If one of his 'jokes' does not elicit the desired response from any of us, we are berated as being "angry" or that we don't have a sense of humor. He is physically a large man, a former boxer, and all but one of the editors working there are women. He frequently makes remarks about women's bodies and the types of women's bodies he likes or doesn't like. The most unnerving confrontation was with the male editor as witnessed by one of the other editors in which the owner was reviewing some work completed by the male editor. The owner began to make jokes at and berate the editor, who, usually very controlled about his emotions began to turn red with anger. The owner started to berate the editor on his obvious but unspoken anger and then said something to the effect, "Ohh you're so ANGRY, is that the MURDEROUS side of you?? Hey (Bob), did someone touch you when you were a child??" The female editor who happened to be in the room was obviously extremely uncomfortable. Every editor in that office has been the target of the owner's hostility--usually harrassment masked as "joking around".
I am so uncomfortable in this workplace that I would quit, except that I have done more than three months' work already and have been paid what calculates to be about $1.75 per hour. It kills me to think of quitting that place without getting the full amount of the pay due to me. The owner tries to tell us that we have freedom to come and go and work as we please, but ultimately is very controlling about what we can and cannot do while we are working, not to mention the tense and sometimes fearful atmosphere we are working in. It seems unfair, or illegal even, for the owner to make the work environment so uncomfortable and threatening for people he is barely paying at all anyway, that they finally quit because the situation is unbearable and he retains all their hard work for a fraction of the pittance he was planning to pay in the first place.
I'm sure as long as this question is, there is even more detail I would need to provide for an accurate assessment of my situation, but again my questions: what is the true status of my worker-employer relationship (am I an independent contractor or intern as he states in the contract, or an employee?); and, depending on the answer to that question, do I have any legal ground regarding my rights for minimum-wage? Thank you very much for your time.
My question is two-fold: what is the true status of my worker-employer relationship; and, depending on the answer to that question, do I have any legal ground regarding my rights for minimum-wage?
I signed a contract with a small production company to edit a film made by the production company's owner. The language in the contract indicates that I am a "free lance editor" participating in an "internship project". The amount to be paid to me for what was to be three months' work was $1,500.00. The payment schedule was divided into three payments; the first of which was to be received by me at the time of the first rough cut screening, the second payment on the second rough cut screening, and the third upon completion of the film.
I work on a specified computer system provided by the owner at the owner's office. The raw footage shot by the owner/director was so poor with such extensive technical problems as to make full completion of the project within three months virtually impossible. As of now, the project's full duration is estimated to be at least 6 months. An additional factor contributing to the delay in the project is lack of access to the computer/editing system due to work on other film projects, also by the owner, being performed on the same system, as well as technical problems with the computer itself.
While the owner does provide snacks and drinks and a clean workspace, the overall atmosphere is very uncomfortable for several of the "freelance" editors working there. The owner makes lewd sexual jokes and has an intimidating manner toward all of us. If one of his 'jokes' does not elicit the desired response from any of us, we are berated as being "angry" or that we don't have a sense of humor. He is physically a large man, a former boxer, and all but one of the editors working there are women. He frequently makes remarks about women's bodies and the types of women's bodies he likes or doesn't like. The most unnerving confrontation was with the male editor as witnessed by one of the other editors in which the owner was reviewing some work completed by the male editor. The owner began to make jokes at and berate the editor, who, usually very controlled about his emotions began to turn red with anger. The owner started to berate the editor on his obvious but unspoken anger and then said something to the effect, "Ohh you're so ANGRY, is that the MURDEROUS side of you?? Hey (Bob), did someone touch you when you were a child??" The female editor who happened to be in the room was obviously extremely uncomfortable. Every editor in that office has been the target of the owner's hostility--usually harrassment masked as "joking around".
I am so uncomfortable in this workplace that I would quit, except that I have done more than three months' work already and have been paid what calculates to be about $1.75 per hour. It kills me to think of quitting that place without getting the full amount of the pay due to me. The owner tries to tell us that we have freedom to come and go and work as we please, but ultimately is very controlling about what we can and cannot do while we are working, not to mention the tense and sometimes fearful atmosphere we are working in. It seems unfair, or illegal even, for the owner to make the work environment so uncomfortable and threatening for people he is barely paying at all anyway, that they finally quit because the situation is unbearable and he retains all their hard work for a fraction of the pittance he was planning to pay in the first place.
I'm sure as long as this question is, there is even more detail I would need to provide for an accurate assessment of my situation, but again my questions: what is the true status of my worker-employer relationship (am I an independent contractor or intern as he states in the contract, or an employee?); and, depending on the answer to that question, do I have any legal ground regarding my rights for minimum-wage? Thank you very much for your time.