How would you handle this bad client/contract?
I'm working a TV series in NYC (shoutout if any of you have seen me around the West Village, slowly dying), and the production company is being real shady about overtime and contracts.
I'll say that this situation is largely of my own making by not securing a deal memo before setting foot on set, but that's a lesson that I won't have to learn again.
I'll break this up into a few key steps.
- I get booked last minute on a production. We agree to a day rate, and I begin work the next day. At this point I have not sent or received a contract.
- After 2 days of production, I finally catch up with my own paperwork and send the client my own personal contract. This outlines what exactly a day means, and includes an overtime clause when we work longer than what is outlined. I do not get back a signed copy.
- 3rd day of production begins and I follow up with the producer, asking for a signed copy of my contract. He says he's working on it and will get it to me. No overtime has been worked at this point. I still do not have a signed contract for either party at this point.
- 4th day of production begins, and I follow up with the producer multiple times to get my contract signed. He gives me the same runaround as day 3. This time, we work 3 hours of overtime. I still do not have a signed contract from either party.
- Day off. I receive a contract from the production (not mine) that outlines no specific amount of hours that make up a "day". I ask for the contract to be amended to be in line with my own contract that I have sent over, still waiting to be signed.
- 5th day of production begins tomorrow, I still do not have a signed contract.
As far as overtime pay goes, do I have a leg to stand on here? My contract includes "by booking me, you agree to the following terms" which is followed by the overtime clause, and some other terms that I generally ask for. How would you all handle this?
Edit: I was able to offer a discounted OT rate (this project is already stretched thin for budget) after threatening to walk at the SECOND my 12 was up next shoot day (and withhold media until payment). Still not getting paid nearly enough, but at least I've got something to cover myself.
Don't work on Soap Operas, kids.