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Producer / Technician
Employer/Employee
It is assumed throughout the body of this section of the guidelines that an employer/employee relationship exists between the producer and the technician. If it is believed that
this is not the case, there is appended at the end of this document both state and the federal
guidelines to aid in determining whether an employer/employee or an independent
subcontractor relationship exists.
Rates
Rates are based on a 10-hour day and set by the technician. "Work time," that part of the
day in which the technician may charge for his or her time, shall begin at the call time (or
under conditions discussed in section 3) and shall end when the technician has discharged all
duties for the day. Minimum call, 5 hours or less of work time, shall be billed at 60% of the
day rate. Hourly straight-time rates are determined by dividing the technician's daily rate by
10.
Overtime rates are according to the following schedule:
Monday-Saturday
10-12 hours @ hourly x 1.5
12-18 hours @ hourly x 2.0
over 18 hours @ hourly x 3.0
Sunday
1.5 x Monday-Saturday rates
Holidays
1.5 x Monday-Saturday rates
• New Years Day
• Washington's Birthday
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas
If the workday commences between the hours of 2 p.m. and 12 midnight and extends
beyond midnight, or if it commences between 12 midnight and 5 a.m., the technician shall be
paid an additional 15% of his or her gross wages.
Those required to work a split shift shall be paid straight hourly time for the period
between those shifts; however, only those hours actually spent in production shall be counted
toward overtime.
"Prevailing rate" shall be defined as the technician's applicable daily rate with the addition
of any penalties for overtime.
Scheduling
Postponement of Confirmed Days. Postponements will not be charged providing the
technician is given notice of such postponement at least 12 hours prior to the intended call
time and the project is rescheduled within 10 calendar days. If insufficient notice is given or
rescheduling does not take place, cancellation policy will apply.
Cancellation of Confirmed Days. Cancellations made less than 48 hours before shoot time
will be charged a minimum call for labor and 50% of the day rate for equipment for all
confirmed days, not to exceed 10 confirmed days. Additionally, the technician shall be
reimbursed for all out-of-pocket expenses.
Weather/Contingency. Work held up due to weather, illness, absence of irreplaceable
production members, or other conditions beyond the control of the production company shall
be billed as follows:
1. Minimum call if technician is released for day (or night).
2. Time spent by the technician who is required to wait for weather/contingency
situations to change shall be considered as work time and be billed at full rates.
3. All direct and out-of-pocket expenses shall be reimbursed.
4. Equipment held under such conditions shall be billed at full rates.
5. If work is not resumed at the end of the contingent situation, postponement and/or
cancellation conditions apply.
Travel time
Travel to and from work in the area within a 25 mile radius of City Hall shall not be
considered as work time. Travel outside the 25 mile radius on a day when no production
occurs shall be billed at the straight hourly rate set by the contractor, shall begin upon
commencement of travel, and shall not constitute less than a minimum call (see Section 1).Travel time outside the 25 mile radius on a day in which production does occur shall be
considered as work time. Such work time will commence at the 25 mile point and cease upon
re-entering the 25 mile zone. The prevailing rate shall be applicable until the 25 mile zone is
re-entered. Personnel required to drive production vehicles, regardless of what that vehicle is
or who is the owner, shall have their work day begin at the commencement of travel in said
vehicles and end when all duties have been discharged for the day.
Distant locations
At a distant location (one outside the 25 mile zone and where the technician is lodged for
the night), lodging shall be provided to the technician by the producer. When available, single
room accommodations shall be required. The producer shall provide meals or a per diem
commensurate with the standard of living in the area.
Meals
The first meal break shall commence no sooner than 4 hours and no later than 6 hours
from the beginning of the workday. There shall be no less than 4 nor more than 6 hours from
the end of the preceding meal break and each subsequent meal break. A meal break shall be
no less than 30 minutes, nor more than one hour in length. If the meal break occurs in less
than 4 hours, the whole meal period shall be considered as work time. No employee shall be
required to work during a meal break. If restaurant facilities are not reasonably available when
on location, the producer agrees to provide a well-balanced meal at no charge. The meal
period shall not be considered as work time. A grace period of 15 minutes to complete the
shot in progress shall be allowed so long as all department heads are notified in advance. If no
meal break occurs after this grace period, penalties shall continue to accrue from the point at
which the 6 hour period was exceeded. The producer will be assessed a penalty according to
the following schedule for each 30 minute period (or fraction thereof) of work exceeding the 6
hours between meals:
• first half hour - $7.50
• second half hour - $10.00
• third & subsequent half hours - $12.50
If more than one meal occurs in a work day, then all additional meals shall be hot meals.
Turnaround
There shall be no less than 10 hours between the completion of the work time on one day
and the commencement of work time on the next day, for the same project. Commencement
of work time in less that 10 hours shall result in a penalty, in addition to the prevailing rate,
according to the following schedule:
• 0-5 hrs. - $50/hr
• 5-10 hrs. - $25/hr.
Scheduling
Postponement of Confirmed Days. Postponements will not be charged providing the
project is rescheduled within 10 calendar days. If rescheduling does not take place,
cancellation policy will apply. Any out-of-pocket or non-recoupable expenses due to
postponement shall be billed in addition to quoted job costs (e.g., equipment rentals, shipping
costs, etc.).
Cancellation of Confirmed Days. Cancellations made less than 48 hours before shoot time will
be charged all out-of-pocket expenses plus mark-up plus all appropriate in-house expenses
incurred by the production company. Cancellations made less than 48 hours before shoot time
will be charged all out-of-pocket expenses plus a minimum call for all scheduled crew for all
confirmed days, not to exceed 10 confirmed days, 1.5 day rate for equipment, plus all
appropriate in-house expenses and mark-up.
Weather/Contingency. Work held up due to weather, illness, absence of irreplaceable
production members or other conditions beyond the control of the production company shall
be billed as follows:
1. Minimum call if contractor is released for day (or night).
2. Time spent by the contractor who is required to wait for weather/contingency
situations to change shall be considered as work time and be billed at full rate.
3. All direct and out-of-pocket expenses shall be reimbursed.
4. Equipment held under such conditions shall be billed at full rates.
5. If work is not resumed at the end of the contingent situation, postponement and/or
cancellation conditions apply
Employee or Independent Contractor (Federal)
Under common law rules, every individual who performs services that are subject to the will
and control of an employer, as to both what must be done and how it must be done, is an
employee. It does not matter that the employer allows the employee discretion and freedom
of action, so long as the employer has the legal right to control both the method and the result
of the services. An employer must generally withhold income taxes, withhold and pay social
security taxes, and pay unemployment taxes on wages paid to an employee. An employer
does not generally have to withhold or pay any taxes on payments to independent contractors.
The 20 factors listed below have been identified to help indicate whether sufficient control is
present to establish an employer/employee relationship. The degree of importance of each
factor varies depending on the occupation and the context in which the services are
performed.
1. Instructions. An employee is required to comply with instructions about when, where and
how to work. Even if no instructions are given, the control factor is present if the employer has
the right to give instructions.
2. Training. An employee is trained to perform services in a particular manner. Independent
contractors ordinarily use their own methods and receive no training from the purchasers of
their services.
3. Integration. An employee's services are integrated into the business operations because
the services are important to the success or continuation of the business. This shows that the
employee is subject to direction and control.
4. Services rendered personally. An employee renders services personally. This shows that
the employer is interested in the methods as well as the results.
5. Hiring assistants. An employee works for an employer that hires, supervises and pays
assistants. An independent contractor hires, supervises and pays assistants under a contract
that requires him or her to provide materials and labor and to be responsible only for the
result.
6. Continuing relationship. An employee has a continuing relationship with an employer. This
indicates that an employer/employee relationship exists. A continuing relationship may exist
where work is performed at frequently recurring although irregular intervals.
7. Set hours of work. An employee has set hours of work established by an employer. An
independent contractor is the master of his or her own time.8. Full-time work. An employee
normally works full time for an employer. An independent contractor can work when and for
whom he or she chooses.
9. Work done on premises. An employee works on the premises of an employer, or works on
a route or at a location designated by an employer.
10. Order or sequence set. An employee must perform services in the order or sequence set
by an employer.
11. Reports. An employee submits reports to an employer. This shows that the employee
must account to the employer for his or her actions.
12. Payments. An employee is paid by the hour, week or month. An independent contractor is
paid by the job or on a straight commission.
13. Expenses. An employee's business and travel expenses are paid by an employer. This
shows that the employee is subject to regulation and control.
14. Tools and materials. An employee is furnished significant tools, materials and other
equipment by an employer.
15. Investment. An independent contractor has significant investment in the facilities he or
she uses in performing services for someone else.
16. Profit or loss. An independent contractor can make a profit or suffer a loss.
17. Works for more than one person or firm. An independent contractor gives his or her
services to a multiple of unrelated persons or firms at the same time
18. Offers services to the general public. An independent contractor makes his or her
services available to the general public.
19. Right to fire. An employee can be fired by an employer. An independent contractor
cannot be fired so long as he or she produces a result that meets the specification of their
contract.
20. Right to quit. An employee can quit his or her job at anytime without incurring liability.
An independent contractor usually agrees to complete a specific job and is responsible for its
satisfactory completion, or is legally obligated to make good for failure to complete the job.
Employee or Independent Contractor (State)
SECTION 1. As used in various provisions of ORS chapters 316, 656, 657 and 701, an
individual or business entity that performs labor or services for remuneration shall be
considered to perform the labor or services as an "independent contractor" if the standards of
this section are met.
1. The individual or business entity providing the labor or services is free from direction and
control over the means and manner of providing the labor or services, subject only to the right
of the person for whom the labor or services are provided to specify the desired results.
2. The individual or business entity providing labor or services is responsible for obtaining all
assumed business registrations or professional occupation licenses required by state law or
local government ordinance for the individual or business entity to conduct the business.
3. The individual or business entity providing labor or services furnishes the tools or
equipment necessary for performance of the contracted labor or services.
4. The individual or business entity providing labor or services has the authority to hire and
fire employees to perform the labor or services.
5. Payment for the labor or services is made upon completion of the performance of specific
portions of the project or is made on the basis of an annual or periodic retainer.
6. The individual or business entity providing labor or services is registered under ORS
chapter 701, if the individual or business entity provides labor or services for which such
registration is required.
7. Federal and state income tax returns in the name of the business or a business Schedule
C or Farm Schedule F as part of the personal income tax return were filed for the previous
year if the individual or business entity performed labor or services as an independent
contractor in the previous year.
8. The individual or business entity represents to the public that the labor or services are to
be provided by an independently established business. An individual or business entity is
considered to be engaged in an independently established business when four or more of the
following circumstances exist:
a. The labor or services are primarily carried out at a location that is separate from the
residence of an individual who performs the labor or services, or are primarily carried out in a
specific portion of the residence, which portion is set aside as the location of the business.
b. Commercial advertising or business cards as is customary in operating similar businesses
are purchased for the business, or the individual or business entity has a trade association
membership.
c. Telephone listing and service are used for the business that is separate from the
personal residence listing and service used by an individual who performs the labor or
services.
d. Labor or services are performed only pursuant to written contracts.
e. Labor or services are performed for two or more different persons within a period of
one year.
f. The individual or business entity assumes financial responsibility for defective
workmanship or for service not provided as evidenced by the ownership of performance
bonds, warranties, errors and omissions insurance or liability insurance relating to the labor or
services to be provided.
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