Dear Jackie:
For the project on which I am currently working, there was initially some question about how the pay would be distributed. When I got my first check, which came to my house, I sent my manager her percentage and included a copy of the check stub so she could make sure it was correct. I had never done that before, because there hadn't previously been any questions about the pay amounts.
Last night I received a call from her asking to please include copies of my check stubs on all future checks because she needs them for accounting purposes. I am not particularly thrilled about that, because I honestly do not believe the stub is any of her business. I always include the gross and net amounts in a note and figure out her percentage and give it to her. I have been with her more than a year now, and this is the first time I have received such a request. I am especially unhappy because the one time a check was sent to her rather than to me, it was obvious she had detached the stub and kept it. When I asked for it, she said there wasn't one. I didn't worry about it then, because the check was small and the amount was correct. However, these checks now are much larger, and I do not want any mistakes made or stubs disappearing.
She also said she had made arrangements to have future checks sent to her in my name, rather than to me directly. I am not happy about this because of the travel distance to her office. It is about a two-hour round trip with traffic, so I rarely go there unless it is absolutely necessary. I once asked her to mail a check to me, and, instead of putting a stamp on it, she just crossed out her name and address on the envelope and wrote mine in, sending it as a forward. It did get to me, but I was pissed that it might have not been delivered, and my money would have been lost in the mail.
Can she legally request that I enclose a copy of my check stub, especially when this is the first time in a year she has done so? There is no such provision in her contract, other than the mention that all checks will be made out to me, and I in turn will then write her a check for her percentage. And can she legally request a change of address to her when the checks were already coming to me?
I should emphasize here that in no way have I ever attempted to not pay her percentage. I resent this happening now, but if this is common practice, I will deal with it.
Me
via the Internet
Dear Me:
The scenario you describe your manager requesting is not common practice, but neither is the one you suggest. I don't know that there is a "legal" or "illegal" way to do this, but there are some industry standards. Most reputable actor representatives have client trust accounts, and their clients sign a cashier and check authorization form, which grants the rep authority to both request the talent's paycheck and to cash it. Then the rep issues a new check for the revised amount—the total, minus his or her commission—to the client. It is unusual for actors to have to go into their reps' offices to pick up a check; the reps I talked to thought this was a pretty weird way to do business. One mentioned that if a client was desperate for the funds, he or she might come in and pick up the original check and hand over a commission check there and then, but that was a rare occurrence. Another put it this way: "If a client was in dire need of immediate funds, I suppose there would be nothing wrong with him or her coming directly into the office for the check, but then you run the risk that his or her commission check might bounce. And who wants to deal with that mess?"
These reps were speaking about the standard way of doing business and were clearly mentioning a strategy that benefits agents/managers by getting them the funds promptly and securely. If you trust your rep, and he or she is licensed and franchised, this is a good way to go. But when we get into the smaller, non-licensed and non-franchised representative world, the status quo might not be appropriate. If the rep isn't operating—how should I put it—within the bounds of traditional practices, it is wise to create an alternative scenario. Having the checks sent directly to you, or to your rep's office but made out to you, gives you some protection. And though it might create additional logistical headaches, the extra time and effort are worth the trouble if they keep you from facing the not-so-uncommon nightmare of having your rep delay your funds or downright steal from you. So, to that end, I suggest you talk to your manager about the travel distance and mail concerns you mentioned in your letter. Try to come up with a plan you can both agree on. If you decide to allow the checks to go first to her, you need to make it clear that you expect them to be mailed, with a new stamp and envelope, to you within a reasonable amount of time. How about 10 days? If she again sloppily forwards the check to you or holds on to your funds for too long, you can remind her of your agreement and switch to another plan. Have the checks come to you directly and then promptly—again, how about within 10 days?—pay her percentage. You could ask for a more stringent timetable if that appeals to you. SAG-franchised agents have to turn their clients' paychecks around in three to seven days.
If you do use this second method, you will have to include a copy of the original check with your commission payment. I understand that you have never withheld funds from your manager, but not all actors are as honest as you are. Reps aren't the only ones who can be deceitful about these things. Your handwritten note on the check is not enough. Your manager wants to see the original check to verify the amount, just like you do. In the normal check-authorization rep/actor scenario I described above, the rep would include a copy of the original check with any revised check he or she sent out. Most people want to see the original and may need it as a reference. You should extend your manager that courtesy. Additionally, assuming your manager is on the ball, she should be comparing your paycheck totals to your contracts and her notes about each job. Who knows? She may discover pay shortages you miss.
Dear Jackie:
I am writing in response to a letter written by P.T. Donovan [BSW, 9/9/2004].
In his letter, he was in a bind because he had to work early in the mornings when sign-ups for Equity auditions take place. While I am surprised that he has had trouble getting audition slots later in the day—I've not had that problem for some time—there is a solution.
Equity recently instituted a test program whereby members can sign up in advance for EPAs at the Equity office between the hours of 10 a.m. and 4 p.m. Equity has been reserving one-third of a day's audition slots for this new program. I think the lists go up a week in advance, just as the sign-up lists for chorus calls do.
C. Carothers
via the Internet
Dear C.:
You aren't the only one to bring this gaffe to my attention, and it's a good thing, too. AEA has indeed made the change you mentioned, making it easier for its members to get in front of auditors. After the Sept. 9 issue of BSW was printed, I was contacted by Los Angeles Region Equity EPA/Audition Committee member David Allen Jones, who set me straight. "The audition committee here, and in all the Equity Regions, is constantly attempting to refine the audition process," he said. "[We] are trying to make an awkward situation flow as easily as possible, so that members have access to jobs. The latest refinement went into effect in Los Angeles in May 2004 and was announced in Equity News, which is sent to all members. I hope everyone reads those before throwing them away. It's been posted at the Equity Office, on the Web site, and on the Hotline."
Because there are evidently actors who missed the abundant postings, and there have been some slight changes to the rules since their adoption in May, I will print the revised procedures here for further clarification (see below). You can also go to www.actorsequity.org—look under News and Western Region or on the Casting Call page under "Audition Procedures"—for the complete EPA and Chorus audition rules and to stay updated. Thanks for keeping me on my toes.
New Experimental Pre-Sign-Up EPA Procedures for Los Angeles begin May 3, 2004:
In an attempt to maximize opportunities for performers, and acknowledging the vast distances between audition sites in the L.A. area, experimental changes to local EPA (Equity Principal Auditions) rules will be implemented on Monday, May 3, 2004. This experiment will allow actors to sign up in advance for EPA time slots.
Please help us make this a success by observing the following rules.
1.) For one week prior to each EPA, up until 4 p.m. on the last business day prior to the audition, actors may come in person to the L.A. AEA office and sign up with the receptionist for one of the designated Pre-Sign-Up time slots. Two of the six slots in every 20-minute block of appointments may be used for this procedure. The rest of the spaces in those time slots will be left for performers to sign up as they would normally, beginning one hour before the official start time on the day of the audition. You may only sign up for yourself. At the office you must show your paid-up Equity Membership card per EPA Procedures, after which you will be able to choose your time slot, as available.
2.) You must also bring your paid-up AEA membership card or written verification from the AEA Membership Department of your current paid membership status on the day of the audition to show the monitor when checking in. There are no exceptions to this rule.
3.) Following normal audition procedures, on the day of the audition you must arrive no later than 10 minutes prior to your assigned time slot, based on the monitor's official timepiece, and show the monitor your current paid-up AEA membership card to check in. If you are late, you will lose your audition time and an alternate will be given the appointment, time permitting, per EPA Procedures. Therefore, we strongly suggest that you arrive before the required ten minutes prior to your audition to allow for any AEA or producer paperwork that may need to be filled out and to receive new or additional information.
If you cannot honor your pre-sign-up time, you are responsible for canceling by calling the Equity office. If an actor does not show up for her/his appointment time and does not call the Equity office to cancel, the actor will be considered a "no show," and that actor will not be able to access the EPA Pre-Sign-Up Procedure for a period of six months. The actor will still be able, of course, to sign up for the audition at the site on the day of the audition.
For further information, contact Laura Waterbury at (323) 634-1750.