Unfortunately, in the film industry there are times the producer does not pay us for our work as crew members. I honestly don’t know why this is so common that every person I know has at least one horror story. Of the 9 years I have been working in this industry, I can recall maybe 3-4 times in which I had to demand my money. If you are wondering how to e-mail a producer when they are overdue in payments, you've come to the right place. This article is to help guide you on how to navigate these difficult situations.
Before we get into getting to the point of what to do after a producer hasn’t paid you, I have two things to point out.
First, when you start a job, you should always get everything in writing. At minimum, you need an email stating your pay and for which days. Others have suggested getting your terms (typically net 30) in writing as well. The more information the better. Getting a crew deal memo is always a good paper trail, but does not always happen before the job. Normally, a seasoned producer/line producer will reach out to you confirming this information, but sometimes, especially with lower budget jobs, you will be working with inexperienced productions.
When you get everything in writing, you have hard tangible proof of the terms agreed to, in the event of a wage dispute. Otherwise, it's a game of “he said, she said”. Establish the paper trail.
Second, it's important to mention that in our industry, people work both payroll (w2) and contracting (1099) jobs. The reason why I bring this up is because you’ll run into less problems getting a paper trail on a payroll job because you have to on board and do more paperwork. Contracted jobs (1099 jobs) are more loose and are the ones to be a little more weary of. You can always ask a producer if it’s w2 or 1099. Another way to say it, is it payroll or invoice. If your gut does not trust production, make sure to confirm your rate via e-mail before you start the job.
Side note: Technically, you should be classified as an employee based on the assembly bill AB5, but that's a topic for another day.
So what happens when you’ve agreed to a job paying 1099, had terms of net 30 (paid 30 days from invoice), and 30 days pass by with no payment?
Step 1: Follow Up
When those 30 days hit, I send an email stating that it has been 30 days and ask what's going on with the payment. It’s important to keep all correspondence polite and matter-of-fact. Producers are people too, and they can make innocent mistakes.
Here is some text you can copy and paste into your e-mail if needed:
Hello [Producer/Line Producer],
I sent an invoice on [date], which means it has been more than 30 days and I have not received payment for [Job Title]. What is going on with the payment and when should I expect to receive it?
Sincerely,
[Your Name]
Here are some real examples you can also look at:
Depending on the response, I will give it a few extra days. If they were truthful about it already on it's way, I will give it a reasonable amount days. I don't typically allow it to linger too long. If you are feeling generous, you can give them extra time or clarify when you should expect your payment to come. I don't like to enable this kind of behavior, so I usually move on to the next step pretty quickly.
NOTE: If this a project was for a friend or a producer that you want to keep a relationship with, then it's up to you how you would like to handle the situation or how much leeway you'd like to give. At this point though, you have a right to file a wage claim if you chose to do so and you should not feel guilty for asking for your money.
Step 2: Send a Courtesy E-mail
Decide on a date in which you will send this courtesy e-mail. I would give it a week AT MOST, but absolutely not more. If you had already given them a second chance and ample time to make reparations and they still have not sent you payment, they've gone too far. They now are taking advantage of you, your labor, and your time. This is your livelihood and it's not a game.
In this email I would state the following facts:
a) 30 days from invoice was (date)
b) payment is ____ amount of days past due and I still have not received payment
c) This email serves as a courtesy notice that I will be filing to California Labor Board if I do not receive the payment by (date)
d) (optional) Ask for a response to the e-mail so you know it has been received (optional)
Here is some text you can copy and paste into your e-mail if needed:
Hello [Producer/Line Producer],
[date] was 30 days from my invoice, which makes it [# of days] days past due and I still have not received payment. This is a courtesy notice that I will be filing a wage claim to the California Labor Board if I do not receive payment by the end of day [date].
Please respond so I know that this e-mail has been received.
Thank you.
Sincerely,
[Your Name]
NOTE: I would recommend writing out the whole date, such as “July 7, 2024.” It makes no mistake what date you are referring to.
Before you hit send, you must know that you risk never getting another job from them ever again. You are very likely burning this bridge by sending this e-mail. Does that mean you will NEVER work again? Probably not. There are plenty of other productions and producers/line producers who are more experienced and professional. Losing this toxic relationship gives you room to welcome better ones.
Personally, when I get into this kind of situation, I do not care to work for people who do not respect my time and labor. If I let them pay me whenever it is convenient for them, I am becoming an enabler saying it's okay for them to treat myself and others this way. Hopefully my actions will make them think twice in paying others late.
Here are 3 examples of sending a courtesy e-mail.
Example 1 was a company that said checks were out, but multiple people were unpaid from this job which is a really big red flag.
Example 2 was a company that said they dropped the checks in the mail, but later admitted they only sent half the checks when I messaged them. They agreed to switch to PayPal as a method of payment, but they still didn't send me anything. This was my only time I ever filed a wage claim. My payment came shortly after and I cancelled the claim.
Example 3 is from a company that fired and replaced me overnight due to my union status (as well as everyone else that had a union status) which is a story for another day. They had agreed to pay me for the days I was booked.
I highly recommend doing steps 1 and 2 and not skip to step 3. A wage claim is not a quick process. If you can get the producer to pay you, it will be much faster. Of the 3 or 4 times I had to get to this point, I have been paid 100% of my wages after sending a courtesy notice.
Step 3: File the Wage Claim
If it comes to this point, there are penalties for unpaid wages. It means you could potentially get paid a lot more than what you had charged the longer they take to resolve it.
If you do not live in California, you can google “how to file a wage claim in (your state)”. Otherwise, here are the steps to take in California specifically:
Gather documents (e-mails, text, etc... this is why a paper trail is important!)
File the wage claim through the Department of Industrial Relations online portal.
Attend the settlement conference (Don't miss it, otherwise your claim will be dismissed!!)
Prepare for hearing (get all your facts straight)
Attend the hearing
Wait for decision
Appeal if necessary
For a real life example, I know a friend who had filed and here is his story:
"In June 2019, I did five days of work for $650/10 hours, so they owed me $3,250. After 30 days, it was radio silent. Over the course of the next year, I found out that no one had been paid for this job. I finally filed a claim on June 9, 2020 about a year after the job finished. Another year passed before I heard from the labor board. It was maybe a 6-8 month process. There was a settlement conference, which they tried to settle for $1600, less half of than what they owed me and then ultimately a hearing on April 2022. At the hearing, the Labor Board ruled in my favor and now they owe me $24,481.80. I was notified this in August 2022."
They let me look at their documents, and it looks as if they were charged for the original wages, liquidated damages, interest, and waiting time penalties. I want to emphasize that even after the ruling, retrieving this money is an entire additional process in itself. It also is not guaranteed they would pay you immediately. It's very possible they could try to avoid paying you further despite the ruling. Filing a wage claim should be a last resort.
The process to file is quite easy. They have updated the website and made it simpler to file a wage claim in California. Here is the direct link with instructions. Here is also a YouTube video I came across that explains the process thoroughly.
How to Deal with Petty Producers
If a production argues with what you are rightly owed or becomes petty with you, do not react. Simply state that you can agree that you both are clearly not on the same page and can have this discussion with the labor board.
Here is the last example I will share. I was at the beginning of my career and worked on a job where production believed they did not owe me for meal penalties and overtime. They assumed the time during travel was considered free so they did not want to pay me overtime. They also lost my slate and would not reimburse me for it, despite being generous and not charging a kit fee (rookie mistake)!! If you give a mouse a cookie… Names in this example have been replaced with other names.
Fortunately, I was knowledgeable enough about labor laws that I could hyperlink and reference information to them. Here are the links that I used in order:
Hours Worked (2nd Mention)
At the end of it all, they paid me the wages I was owed.
I hope that this level of pettiness does not happen to you and that if it does, this article can help you navigate how to deal with those kinds of situations.
Have you ever encountered a situation where a production did not pay you on time? What strategies do you use to ensure you have a clear paper trail before starting a new job? What tips would you advise newcomers in the industry to avoid payment issues? Let us know by filling out our contact form. We love hearing from our readers.
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