Paying actors

When paying actors (non-union) a day rate that often comes out to less than minimum wage, can they be paid as per-diem contractors (1099) or must they be employees (with payroll taxes, Unemployment insurance, etc.)?

Please no guesses here - would like answers from producers with experience in this area. Thanks!
 
This is not a guess. I am a producer with experience in this area.

It still depends.

If the producer is running a company; a legit, registered, company
doing business in the state, the company must pay it’s employees
at least minimum wage and comply with all the laws, rules and
regulations of the state.

If the producer has set up a short term LLC and is still choosing
to hire all the workers as independent contractors, then no
federal and state income taxes will be taken out, nor will any
deferred compensation, social security, or medical deductions be
taken.

Now this IS a guess. I’m pretty sure at least minimum wage
must be paid. That is Federal protection than cannot be waved by
the employee.

If the producer does not have a “legit” company or LLC and is
paying a token fee - not minimum wage - and it’s being paid under
the table, then no taxes, etc. will be taken out.

If the producer has a legit company and wants to get around the
minim wage they can 1099 their contractors and “fudge” the hours
worked. That producer can pay a “per job” fee. For example the
producer pays a weekly fee of $600 for services rendered. That
can be a 40 hour week or an 80 hour week. That can potentially
cause problems if there are call sheets with in and out times.

What many producers is use a payroll company. the worker becomes
an employee of the payroll company who (for a fee) handles
everything.
 
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