Employment Lawyers for New Jersey’s Film & Television Industry
In an industry often defined by unconventional hours, physical set hazards, and subjective hiring practices, it’s important that employees understand their rights and when they’ve been violated. On both a state and federal level, there are laws in place to prevent wage theft, hostile work environments, and unsafe or discriminatory working conditions. As employment lawyers, we’re prepared to fight on your behalf for any wage & hour violations, illegal discrimination, and more.
Employee Rights in the Entertainment and Production Industry
Whether you are working in front of the camera or behind the scenes, employees in the entertainment and production industry have rights and protections against unlawful behaviour, including discrimination and retaliation. Laws and protections include:
- FLSA: The Fair Labor Standards Act ensures that you are receiving the appropriate compensation.
- Title VII of the Civil Rights Act: prohibits discrimination and sexual harassment in employment.
- ADA: The Americans with Disabilities Act provides protections for disabled individuals when it comes to job protections.
- NJLAD: Protects employees from discriminatory actions at work or in the hiring process.
If you are a member of the film, television, or production industry in New Jersey, and you have questions about your employment rights or feel as though they have been broken, call our law firm today. We can discuss your case and options through a free legal consultation.
Employee Misclassification as Independent Contractors
A major employment law issue in this industry is employee misclassification. Many of the people productions consider to be “independent contractors” do not qualify for that designation under NJ law.
In NJ, employers must utilize the state-enforced “ABC Test” to prove that a worker qualifies as an independent contractor, i.e., they operate entirely free from control, perform work outside the company’s core business, and maintain an independently established trade.
Speaking with an employment attorney can help you determine your true legal status, quantify unpaid wages and lost benefits, and hold non-compliant employers accountable.
Facing Discrimination in the Entertainment Industry
In addition to sexual harassment, employment discrimination is one of the most rampant issues throughout the entertainment industry, regardless of position. Some common discriminatory actions in the film industry include:
- Casting Discrimination
- Pay Disparity
- Gender Discrimination
- Hostile Work Environment
Not just actors are affected by these issues; everyone from production assistants to high-up creatives is potentially vulnerable. Discrimination is against the law, regardless of position. If you have faced any form of discrimination while working or attempting to work in the entertainment industry, our lawyers can help.
Blacklisting and Other Forms of Retaliation
In the notoriously competitive entertainment and production industries, the fear of professional ruin keeps many victims silent. Production workers, crew members, and performers often refrain from reporting discrimination, sexual harassment, or wage violations out of fear of “blacklisting,” which is the practice of barring individuals from future work after making complaints or refusing quid pro quos.
Employers and production companies cannot legally punish you for asserting your rights, reporting misconduct, or participating in an investigation. If you have been retaliated against or blacklisted for speaking up, contact an experienced New Jersey employment attorney.
Contact Our New Jersey Entertainment and Production Employment Lawyers Today
We take employment law matters seriously at McOmber, McOmber, & Luber, P.C., especially when it comes to New Jersey’s budding entertainment and production industry. If you have experienced misclassification, wage & hour issues, a hostile work environment, or discrimination, call our firm. During your free legal consultation, we’ll discuss your case and your available legal options. Contact us today to learn more.
