Right to Work/Regulation of Unions
	Child Labor Laws
	Talent/Modeling Agencies
	Worker's Compensation
	Cash Payment for Jobs
	Nonpayment of Wages
	Independent Contractor vs. An Employee
	Central Withholding Agreements
	Animals
	Talent

RIGHT TO WORK/REGULATION OF UNIONS:
Article I. Section 6 Florida Constitution - Right to work

The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike.

447.17 Florida Statutes - Civil remedy; injunctive relief

Any person who may be denied employment or discriminated against in his or her employment on account of membership or nonmembership in any labor union or labor organization shall be entitled to recover from the discriminating employer, other person, firm, corporation, labor union, labor organization, or association, acting separately or in concert, in the courts of this state, such damages as he or she may have sustained and the costs of suit, including reasonable attorney's fees...

447.03 Florida Statutes - Employees’ right to self-organization

Employees shall have the right to self-organization, to form, join, or assist labor unions or labor organizations or to refrain from such activity, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.

447.13 Florida Statutes - Right to strike preserved

Except as specifically provided in this chapter, nothing therein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this chapter be so construed as to invade unlawfully the right to freedom of speech.

For more information, visit websites for:

CHILD LABOR LAWS: The Florida Child Labor Law and the Federal Fair Labor Standards Act provide the rules and regulations that govern the employment of minors in Florida. They also govern the working relationship between minors and their employers. The Child Labor Law is administered and enforced by the Department of Business and Professional Regualtion in cooperation with law enforcement officers, public school officials, and other agencies that may assist the division through intergovernmental agreements.

The Child Labor Compliance Section's primary goals are:

For more information and to access publications on Child Labor Laws, call 800.226.2536, write:

or, visit websites for:

TALENT/MODELING AGENCIES: Similar regulations affect all talent and modeling agencies operating within Florida. All talent and modeling agencies in the State of Florida must be licensed through the Department of Professional Regulation.

You are considered to be a "talent agent" according to the Florida Department of Business & Professional Regulation's definition if you, for compensation, engage in the occupation of procuring or attempting to procure engagements for an artist. This means you must have a talent agency business license to operate. By law, this definition applies regardless of your title (manager, casting director, casting agent, promoter, etc.). If you think you may need a license visit www.myflorida.com/dbpr. Under "DBPR Divisions", click on "Professions" and scroll down to "Talent Agencies". From here you can download the license application as well as access many other services offered by the DBPR. Operating as a "talent agency" without a license is a 3rd degree felony in Florida.

Hiring a "talent agency" without a license is also against the law and serves as grounds for the DBPR to take action against you. Violation of the law will be punished by either, denying an application for licensure as a talent agency, permanently revoking or suspending a license, imposing an administrative fine of up to $5,000 or requiring restitution. To check on the license status of a talent agency, visit www.myflorida.com/dbpr. Under "DBPR Features", click on "DBPR Online Services", under "Public Services" click on "Search for a licensee".

Be on the lookout! Talent agencies are required by law to display their fee schedule and talent agency license in a conspicuous location in their place of business.

Talent Agencies are required by law to give each artist a copy of their contract listing the services to be provided and the fees to be charged. This should also list the contact information of the DBPR.

By law, Talent agencies are NOT allowed to charge a registration fee! No talent agency shall, as a condition to obtaining employment for any artist, require the artist to subscribe to, purchase, or attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, acting workshop, or video or audiotapes!By law, all advertisements, letterheads, receipts and other publications should list the talent agency name and address, license number and the words "talent agency".

If you are aware of any wrongdoing as described above, contact your local DBPR Bureau of Investigation. You will be granted anonymimity on request. You may also file a complaint online. Visit www.myflorida.com/dbpr under "DBPR Features" click on "File an unlicensed activity complaint".

For more information about the regulation of Talent & Modeling Agencies, contact:

If You've Got The Look . . . Look Out! Avoiding Modeling Scams

WORKER'S COMPENSATION
Who needs Workers' Compensation coverage?

How does an employer obtain workers' compensation insurane?

Only corporate officers or members of a limited liability company (LLC) engaged in the construction industry are eligible for an exemption. Non-construction LLC members are NOT ELIGIBLE for an exemption. Click for workers’ compensation exemption application (form DWC-250) and instructions.

For all general questions or technical assistance, contact the Workers' Compensation Customer Service Center:

CASH PAYMENT FOR JOBS: According to the US Dept. of Labor, paying in cash often is done to avoid paying the minimum wage, overtime, social security, medicare and/or payroll taxes, which is illegal. The Wage and Hour Division of the U. S. Dept. of Labor handles these types of issues. There are several USDOL offices in Florida -- in Jacksonville, Orlando, Miami and Tampa. The general number that can be called to discuss the issues and determine the proper place for referral is toll free 866-487-9243. According to the Florida Dept. of Revenue, the one state law that applies is unemployment compensation which is located in chapter 443 Florida Statutes which can be found here.

NONPAYMENT OF WAGES: The USDOL Wage and Hour Division determines jurisdiction and also law violations for non payment of wages. Independent Contractors should seek the advice of a private attorney for claims. For employees, contact the USDOL who will provide you with the appropriate Wage & Hour Division district office in Florida for claims assistance.

INDEPENDENT CONTRACTOR VS. AN EMPLOYEE:
To learn the difference, click here.

For 1099 instructions and tax forms, click here.

For more information on all of these topics, check out the U.S. Dept. of Labor and the Internal Revenue Service.

We are not the experts!! Please contact these organizations directly, seek private counsel, legal aid, or your state attorney for legal direction and information.

CENTRAL WITHHOLDING AGREEMENTS: If you are a nonresident alien entertainer or athlete performing or participating in athletic events in the United States, you may be able to enter into a withholding agreement with the IRS for reduced withholding provided certain requirements are met. Under no circumstances will such a withholding agreement reduce taxes withheld to less than the anticipated amount of income tax liability.

If you are a non-resident alien entertainer or athlete or the paying agent for the entertainer or athlete and you are interested in learning more about the Central Withholding Agreement program, please contact:

http://www.irs.gov/businesses/small/international/article/0,,id=106060,00.html

TALENT: Metro Orlando is unique in that many producers feel the region has more “working actors” (per capita) than any other region in the U.S. Talent make their living doing commercials, industrial videos, feature films, and TV projects at many of the local studios. Moreover, since the region is the number one tourist destination in the world, these talented actors also find themselves on stage year-round performing for live conventions, dinner theaters, and the dozens of live shows at the many theme parks and attractions that only Metro Orlando offers. Here are some hard facts:

• An estimated 1,500 SAG and AFTRA members
• Over 10,000 trained SAG eligible and non-union talent
• Over 15,000 extra performers
• Almost 40 acting schools
• Dozens of talent agents and award-winning casting directors
• Over a dozen state-of-the-art casting facilities
• Eight full-time film schools
• Number one choice for below- and above-the-line talent for many directors!