How is a performer's employment set up?

[Yawper]

Posted: 1/12/09 at 12:48am

Are Broadway performers contract hires or direct hires? If they are contract hires how are they eligible for unemployment when the contract expires?

How about for major stars who own the production company that is employing them? Are they also eligible for unemployment if the production company existed just to mount a single show?

[Manny2]

Posted: 1/12/09 at 12:53am

Okay I'm gonna simplify everything.

Here are the basics:

Equity=contract.
Non-equity=varies.

*When contract expires you can: A) Renew, B) Get another gig (mind you, most performers who aren't big names have second jobs on the side), C) Ask your mom for money, D) Cry over how pathetic life is now that you're no longer "Sailor #3" and sulk over Ben & Jerry's and reruns of The Golden Girls.

That's pretty much how it works.

I'm not sure how it works if the star owns the company, I don't think I've heard of that happening. Not yet at least, I'm sure someone will enlighten me very soon.

[Tag]

Posted: 1/12/09 at 12:55am

Congratulations Manny for completely not answering the question.

[Manny2]

Posted: 1/12/09 at 12:59am

Why thank you, Tag.

My pleasure. :)

Why don't you take a wack at it then? Updated On: 1/12/09 at 12:59 AM

[Tag]

Posted: 1/12/09 at 1:03am

Because they are considered self employed?

[Manny2]

Posted: 1/12/09 at 1:05am

..

Okay, either I'm a sodding fool, or you didn't exactly answer the question either.

How is it that an actor is self-employed?
Are you talking about in the case of them owning the production company?

[Tag]

Posted: 1/12/09 at 1:10am

I don't know the answer to the question, hence the question mark. But I believe it has something to do with the fact that an actor is self employed and therefore can claim unemployment after their contract ends.

[Manny2]

Posted: 1/12/09 at 1:16am

Hmm, but didn't I say that most actors have jobs on the side that they fall back on?

I also recall saying that in most cases they renew contracts or find other gigs, meaning that most actors (one way or another) don't really apply for unemployment.

I believe that those who do go about it the same way as the rest of the world.

So wouldn't you say I answered the question, Tag?

[i*heart*fame]

Posted: 1/12/09 at 1:22am

However, finding another job is not easy. I believe that in the interim between jobs(as long as that break is not too long(don't know the exact specifics) the actor qualifies for unemployment.

[Yawper]

Posted: 1/12/09 at 1:27am

In many (most?) states self-employed people (contract hires) are not eligible for unemployment benefits.

However, if a production company is a corporation (which is an entity unto itself) and the performer is employed by said corporation along with being a (or THE) shareholder, the corporation can technically cease employing the performer, rendering the performer eligible for unemployment. I think my state has some restrictions on eligibility in such a case but I don't know if NY does.

Updated On: 1/12/09 at 01:27 AM

[Tag]

Posted: 1/12/09 at 1:54am

Sorry, yes I had it backwards, if you are not considered self employed you are eligible for EI.

[Byron Abens]

Posted: 1/12/09 at 3:58am

Anybody under a salaried Equity contract (pretty much all contracts other than the showcase/staged reading) is employed by the production company and all applicable taxes are withheld and benefits earned. Equity has gone to court over this issue several times in the past, as they do not feel that actors or stage managers meet the qualifications of being independent contractors/self employed. One of the business reps from the Chicago office explained it all to me a couple summers ago, though it was over drinks after a show, so I admit that I don't remember the details.

It came up because I complained about how being a member of Equity for a few years it was a shock when I joined AGMA and found out that they don't care if opera companies hire performers and stage management as independent contractors. Doing such allows the company to bring people in for cheaper, but it does screw you out of things such as unemployment as well as workmen's comp, and makes your taxes that much more complicated each year.