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covered the timing and length of allowable break time.
Additionally, petitioner was required to submit timesheets in
order to be paid. The deal memo controlled where and when
petitioner reported for work and whether her principal would, or
would not, furnish petitioner's makeup kit.
With regard to the control exerted by the principal,
petitioner was required to remain on the set for as long as her
services were needed. Additionally, the company which hired
petitioner could require her to change an actor's makeup
according to the company's specifications.
Petitioner also was aware that the production companies she
worked for would report her compensation as wage income on a Form
W-2. At trial, petitioner submitted a document from FPS
Services, Inc., entitled: Crossroads Films - Crew Payroll -
Information & Instructions. The document contained the following
language:
Independent Contractors/Corporations We do not pay
Independent Contractors unless they are Incorporated.
In order to be paid as a corporation, copies of your
Articles of Incorporation or your Corporate Seal must
be submitted. Once on file, they do not need to be
resubmitted. Corporations can be paid on a timecard or
their own invoice. IMPORTANT: The name of the
Corporation, the Federal ID# AND the Name and Social
Security # of the employee must be indicated. As a
corporation you should have your own Worker's
Compensation Insurance. If you do, please provide
proof of it to FPS. If you don't FPS will provide it,
charging Crossroads Films. Crossroads Films may ask
that you reimburse them for this expense.
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Last modified: May 25, 2011