Model Rights

We specialize in enforcing the right of actors and models, whether or not members of a union. Case by case we are changing the industry and forcing it to treat the talent fairly and pay them promptly.

Under California Law, actors, as well as print and commercial models are considered employees, which means they are protected under the same labor laws as any other employees. Yet the entertainment industry frequently treats the talent differently from other employees, or does not treat the talent as employees at all, routinely violating California’s wage laws. For example, in California, actors must be paid on the first pay period following the completion of the actor’s work; and print models must be paid on the last day of the shoot, even if the work lasts only one day.

Although many production companies are conscientious in timely paying the talent, actors and models are frequently paid late, and in extreme cases not paid at all. Sometimes, actors and models are even told that these late payments are the company’s “policy” or the “standard in the industry.” These excuses are nonsense and are intended to intimidate the talent.

An employer that fails to timely payment of an actor or a model may be required to pay the model or actor a penalty for each day the payment is late, for up to a maximum of 30 days. For short or single-day jobs those waiting-time penalties can be very substantial since the amount of the daily penalty is equivalent to the actor’s or model’s average daily wage. Thus, for a two-day shoot for which the model was paid $2,000, the model’s average daily wage is $1,000 and consequently the model is entitled to receive a daily waiting time penalty of $1,000 for each day payment was late for a maximum of 30 days ($30,000).

PRINT MODELS

>> Are print models employees or independent contractors?
>> I did a print modeling job and I signed an agreement with my employer which states I was working as an independent contractor. Am I still an employee?
>> When I am entitled to get paid for my print modeling work?
>> What is a model entitled to if he/she is paid late?
>> Am I still entitled to waiting time penalties if I got paid?
>> What should I do if I got paid late for a modeling shoot?
>> I was paid late for a modeling job. Do I need a lawyer?
>> If I hire a lawyer will I have to go to court?

Are print models employees or independent contractors?

In California, a print model is an employee, not an independent contractor. Although this is well established law in our state, it is surprising how many industry professionals are unaware of this law.

The law was clarified by the appellate court in the case of Zaremba v. Miller (1980) 113 Cal.App.3d Supp. 1. In that case Mr. Zaremba, a model, sued a photographer for failure to timely pay wages. The defendant argued that it was “customary in the industry” to pay models 4-6 weeks after their services are rendered and that Mr. Zaremba was an “independent contractor.”

However, the court held that the plaintiff was as an employee and not an independent contractor noting that "[t]he most crucial consideration is the right to exercise complete control over the work, including its details." In reaching its holding, the court noted that the employer controlled every movement, and the dress, hours, and the place of work of plaintiff, and could fire him for disobedience."

When a print model is at work, he or she is usually told when to start, when to finish, where to go, what clothes to wear, how to wear his/ her hair, what makeup should be used, and how to pose. The employer provides all of the tools of the job, the location of the job and provided ongoing all encompassing direction to the model. Because of this direct control over his or her work, a print model is an employee, regardless of any agreement signed.

I did a print modeling job and I signed an agreement with my employer which states I was working as an independent contractor. Am I still an employee?

Yes. Models are employees regardless of what is in the agreement. Sometimes employers attempt to get around the law by making models sign an “independent contractor” agreement. These employers believe that this agreement will exempt them from following the wage laws. But the agreement does not change a model’s status as an employee.

When I am entitled to get paid for my print modeling work?

Models are legally required to receive payment on the last day of the photo shoot. If the shoot is only one day, then the model must be paid on the day of the shoot. Although many employers of models do not follow this law, it has long been established California. Labor Code section 201(a) provides that in the event an employer discharges an employee, the unpaid wages of the discharged employee are immediately due and payable. In Smith v. Superior Court (2006) 39 Cal.4th 77, the California Supreme Court found that the completion of a one day modeling job by a hair model constituted a “discharge” under Labor Code section 201. Thus, the plaintiff there was entitled to receive immediate payment of her wages upon completion of the job and was consequently further entitled to claim waiting-time penalties under Labor Code section 203 for the employer’s failure to make immediate payment of those wages.

What is a model entitled to if he/she is paid late?

Labor Code section 203 provides that wages will continue as a penalty for a maximum of 30 days if an employer willfully fails to timely pay a discharged employee. If the employer is 30 days late, the model is entitled to up to 30 times his / her day rate. EXAMPLE; a model is to be paid $ 2,000 for a photoshoot that takes place in one day. Instead of paying on the day of the shoot (or mailing in the check that day), the employer pays 45 days later. The model is entitled to $ 60,000 (30 times $ 2,000) in waiting time penalties.

Warning: If you were paid late, or not paid at all and you believe you have a claim for waiting time penalties, your rights are subject to some strict time limitations. Contact us as soon as possible to protect your rights. No recovery, no fee.

Am I still entitled to waiting time penalties if I got paid?

Yes. Most of the clients who hire us for their case have been paid, but were paid late.

What should I do if I got paid late for a modeling shoot?

1. First you should gather a few documents, such as a paystub, the call sheet, the release, etc.
2. Call one of our experienced attorneys for a free consultation. If you want to hire us you owe nothing until we get you compensation. No recovery, no fee.

I was paid late for a modeling job. Do I need a lawyer?

Would you perform surgery on yourself? Almost every wage claim we have handled for actors and models has been heavily contested. It is very unlikely that an actor or model could get a fair settlement offer on for a waiting-time penalty case without a lawyer’s assistance, particularly on a large claim. Even some of the largest companies in the entertainment and advertising industries are deeply entrenched in their position that unless there is a union involved, they are entitled to pay talent according to “industry standards” (which, conveniently, those industries set for themselves) which means talent receives payment after everyone else in the production has been paid. This is not the law, but these industries have a long history of getting away with ignoring laws which apply to every other industry, and they will fight tooth and nail to maintain that history. Hiring a lawyer will help you avoid that fight and obtain a faster, safer result.

If I hire a lawyer will I have to go to court?

Very rarely. We settle 95% of our cases without the need for court intervention.