employment contractswebsites.uwlax.edu/kincman/482 paperwork/class 24- employment b… · basics ....
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Employment Contracts
Basics
Directors
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Employment Contracts Duration of the job
Information about the employee's responsibilities
Salary
Benefits
Grounds for termination & at-will status
A method for resolving any disputes that arise about the agreement
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At Will Employee
Contract that allows either employer or employee to terminate agreement at any time for any (legal) reason
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Protective Clauses
Limitations on the employee's ability to compete with your business once the
employee leaves
Protection of your trade secrets and client lists
Your ownership of the employee's work product
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Employee vs. Independent Contractor What is provided by employer, and who owns the work product
PART ONE: Behavioral Control
Whether the business has a right to direct and control what work is accomplished and how the work is done, through instructions, training, or other means.
Does the worker set the schedule ?
Does the worker need specific training on the job for this location?
Does someone monitor the quality and completion of the work?
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PART TWO: Financial Control
Whether the business has a right to direct or control the financial and business aspects of the worker's job.
Does the worker have unreimbursed business expenses?
Does the worker invest personal money in the facilities or tools used ?
Does the worker makes his or her services available to the relevant market ?
How does the business pay the worker?
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PART THREE: Type of Relationship
Is the relationship documented in a written contract?
Does the business provide the worker with employee-type benefits ?
How permanent is the relationship?
How much are the services performed a key aspect of the regular business of the company?
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Directors & Choreographers
Can be hired for an individual or multiple projects
Can be union or non-union
Are they employees?
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SDC Directors & Choreographers Union http://sdcweb.org/contracts/agreements/
Has specific collectively bargained agreements for major categories
Individual agreement for smaller theatres
Academic institutions
Special projects
Provisions for Director, Choreographer or combination
Must have worked on a union production to join
Provides pension & health benefits
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Key Contract Provisions Payment & Schedule
Intellectual Property
Right of First Refusal
Electronic Rights
Billing, Comp Tickets
Share of Subsidiary Income
Pension & Health
Big rule book to supplement contracts
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Julien v. SSDC (1975) At issue- is a director an employee or an independent contractor?
Payment is based on completed services, not ongoing
Producer exercises ultimate control over a show
Ruling drew comparisons to composers- they deliver a product but work on own schedule & control final product
Became important precedent in ownership of shows & ultimately copyrighting stage directions fight
Led to SSDC contract change to include ownership statement
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Gennaro v. Rosenfield (1984) Original production of Singing in the Rain
Choreographer hired for London production
Agreed only if promised US production
Sued for Harm to reputation & erosion of professional skills
Breach of promise
Hardships due to loss of work
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