Writers Guild Goes on Strike

As of midnight today, the Writers Guild of America has voted to go on strike. WGA members demands range many issues, but primarily focus on pay and residulas. The median pay for a film and TV writer has declined 4% over the last few years in the midst of rising inflation. Writers are also working fewer hours on each production. The WGA hopes to turn these trends around. Of primary concern is the payment of residuals in a streaming world; the last major negotiations took place before streaming became the way most people watch television. The Guild also seeks limits on the use of AI in generating writing material, something that comes with a number of legal hurdles we’ve discussed on this blog, but will becoming an increasing concern in the coming years.

The last time the WGA went on strike in 2007 it changed the industry. It remains to be seen what changes arise from this new strike. If you are a writer with legal concerns, contact the Law Firm of Dillon McCarthy.

Coronavirus and Your Business

This is a trying time for most businesses and productions. It presents new legal and business challenges. Employee management, scheduling, and planning even small amounts into the future have become much harder. The Law Firm of Dillon McCarthy can help your business or production get through this time a little easier. We are ready to meet with clients remotely while you navigate these new challenges.

Most importantly, stay safe right now.

What California's New Independent Contractor Law Means for Your Business, Even if You're Not Uber

Last month California Governor Gavin Newsom signed Assembly Bill 5 into law. Beginning next year, the world of California employment will look completely different. Parts of the law apply retroactively, changing the landscape now as well. While the law targeted gig economy companies like Uber and Lyft, it will have a profound effect across most California businesses. So what does the new law actually say and how will it affect your business?

Prior to this new law, businesses and the government had a lot more leeway to argue whether someone was an employee or an independent contractor. There were a number of factors, and courts had some discretion in weighing them against each other. The new law is much more strict. For someone to be considered an independent contractor, they must meet three requirements. If any of the three don’t apply to a worker, then that worker is an employee. The three factors are:

A. The company does not control the time, method, or manner of the worker’s job performance.
B. The worker performs work that is not part of the company’s usual business.
C. The worker performs work in this field for other companies.

If the worker and business fail any of these three criteria, California will consider the worker an employee. This will throw many businesses into chaos. The film industry, game development, and music production will be affected by the new rules. This is something that companies must address as soon as possible. Companies should be developing procedures to ensure that workers are appropriately covered, that contractors have the proper paperwork to protect the company and the contractor, and to check which of the numerous exemptions may apply to them.

Contact The Law Firm of Dillon McCarthy for assistance in navigating this complex new aspect of your company or production.