Legal Question in Employment Law in California
I am a model and work as an independent contractor. One non exclusive talent agency I am working with wants me to sign a form saying that they can deposit my paycheck which was made out to me, then 2 to 4 weeks after 'they' get my check I will get paid from them. The checks were sent to us directly up to now and we'd send in our 20%, but because some people never paid her she wants us to do this now. Is this legal? We are responsible for the taxes taken out and she wants 20% of the total check and not after taxes where it use to be 20% of what we received. As I said we work and get paid minus all taxes and now they have our pay stub and they aren't paying any taxes on this. The checks are only $175 to start with then time and a half after 8 hours but I rely on this money to pay my bills. I wasn't sure what law this falls under as I believe it's considered entertainment law but didn't see that choice so picked employment. Thank you for your time, I'm just confused.
I just want to know if what they are doing is legit. Thank you
2 Answers from Attorneys
She can not force you to agree to her terms, but you can if you want to, which I am sure you do not. If she takes 20% of the gross and not net pay, she has increased her commission without a contract change allowing for it. It could be argued, although probably not correctly, that you now have become her employee and she has to provide Workers' Comp. insurance for you and deduct social security, etc.
Point out to her that some people not paying her commissions is a risk she takes as part of her business and is factored into the amount of the percentage she receives. It is not fair for her to punish you for the misdeeds of a few others. Nor is there any justification as to why you have to wait 2-4 weeks for them to do the simple calculation of taking 20% of the paycheck. She is breaching the contract and knowingly using her complaint as a ruse to get more money from you. Before you speak with her, talk to the other models effected so that you will present a united front.
You have the option to negotiate your best terms with her. Explain that you believe the 20% should be after taxes. She may not agree and then you have to decide how valuable the relationship is to you financially. It certainly is not your fault that others do not honor their agreement and she should look at you individually if you have always paid her a commission. I hope this helps. Bob
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