Crew: As a
right-to-work state, Florida provides employers and employees with
a substantial degree of flexibility. While Florida should not be
considered a non-union state, employers, by state law, have the
right to hire anyone they choose, whether that person belongs to a
union or not. At the same time, membership in a union cannot be a
requirement for employment. The decision whether to join a union in
Florida is up to individual employees. Union leaders eagerly
support production and are known to be very flexible with visiting
production companies. Production companies may hire, at their
discretion, both union and non-union employees for the same
production. Union members have the right-to-work as non-union
employees, and many times will do so, but employers may still be
asked to negotiate a contract with the union.
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 non-membership
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:
Minors/Child Labor: In order to hire minors
(under age 18), an employer must obtain an Entertainment Industry
Permit to Hire from the Florida Department of Employment Security,
Division of Child Labor. Any minor to be hired must have this
permit before hiring is official and the work begins. The
department will assist the employer through this process once
initial contact is made
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 Regulation 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:
- To protect the health and education of working youth of the
state by ensuring enforcement of restrictions established to
protect them from harmful work situations; and,
- To educate employers, public school employees, the general
public, and working youth about the Child Labor Law.
For more information, call Florida's Division of
Professions/Child Labor Program at 800.226.2536 or, visit:
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, industrials 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 SAF and AFTRA members
- over 10,000 trained SAG eligible and non-union talent
- over 15,000 extra performers
- close to 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!
Talent/Modeling Agencies: Regulations affect all
talent and modeling agencies operating within Florida. They must be
licensed through the Department of Business and Professional
Regulation, 850.487.1395.
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".
The Metro Orlando Film Commission constantly receives calls
concerning the legitimacy of casting calls placed in local
newspapers. While many films use the newspapers to advertise an
open casting call, legitimate films or projects always provide a
specific film or project name and some of the principal people
involved in it.
Please note that legitimate agencies or casting directors DO NOT
REQUIRE A PAYMENT UPFRONT to register or include you on their
roster. They may ask for a nominal fee ($2) to take a single
reference picture if you can't provide one yourself, but under no
circumstance should you pay them for an "application" or
"registration" fee for any future films or projects down the road.
Open casting calls are timed to coincide with a LOCAL film
currently in pre-production or production.
Also, if they aren't willing provide you with written
documentation as to which particular film or print ad they are
working with, consider this a serious red flag.
Fees are charged once, and, only if, the agency has obtained an
acting position for you.
If you are aware of any wrongdoing as described above, contact
your local DBPR Bureau of Investigation. You will be granted
anonymity 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:
Board of Talent Agencies
1940 North Monroe Street
Tallahassee, FL 32399-0794
850.488.7587
Julie.Baker@dpbr.state.fl.us
If You've Got The Look . . . Look Out! Avoiding Modeling Scams
Worker's Compensation: Who needs
Workers' Compensation coverage?
- If you are in an industry, other than construction, and have
four (4) or more employees, full-time or part-time, you are
required to carry workers' compensation coverage (an exempted
corporate officer does not count as an employee).
- If you are in the construction industry, and have one (1) or
more employees (including yourself), you are required to carry
workers' compensation coverage (an exempted corporate officer or
member of a limited liability company does not count as an
employee).
- If you are a state or local government, you are required to
carry workers' compensation coverage.
- If you are a farmer, and have more than five (5) regular
employees and/or twelve (12) or more other workers for seasonal
agricultural labor lasting thirty (30) days or more, you are
required to carry workers' compensation coverage.
Reference:
Section 440.02(17), Florida Statutes
How does an employer obtain workers' compensation
insurance?
- By purchasing a policy from an insurance agent that represents
approved insurance companies.
- From the Joint Underwriting Association (JUA).
- By qualifying as an individual self-insured; for additional
information, contact the Division of Workers' Compensation at
850.413.1798.
- Or, an employer may contract with a professional employer
organization (employee leasing) that has secured workers'
compensation coverage.
Reference:
Section, 440.02, Florida Statutes
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:
Florida Department of Financial Services
Division of Worker's Compensation
Customer Service Center
200 East Gaines Street
Tallahassee, FL 32399-4227
Workers.CompService@fldfs.com
850.413.1601 or 800.742.2214
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:
Internal Revenue Service
Sam Froio, Senior Tax Specialist
904.665.0776
sam.froio@irs.gov
http://www.irs.gov/businesses/small/international/article/0,,id=106060,00.html
Animals: When using animals in any type of
production, the American Humane Association (AHA) must be
contacted. Through an agreement with the film and TV production
industries, AHA is the only animal welfare agency authorized to
send representatives to movie or television sets to protect
performing animals. Only the AHA may award the official end-credit
disclaimers and ratings that certify the welfare of animals used in
production. Services by the AHA are free-of-charge. Visit www.americanhumane.org/film or call Karen Rosa, AHA
director of the Film & Television Unit, at 818.501.0123.
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
- close to 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!
