Employment Contracts

Basics

Directors

Employment Contracts Duration of the job

Information about the employee's responsibilities

Salary

Benefits

Grounds for termination & at-will status

A method for resolving any disputes that arise about the agreement

At Will Employee

Contract that allows either employer or employee to terminate agreement at any time for any (legal) reason

Protective Clauses

Limitations on the employee's ability to compete with your business once the

employee leaves

Protection of your trade secrets and client lists

Your ownership of the employee's work product

Employee vs. Independent Contractor What is provided by employer, and who owns the work product

PART ONE: Behavioral Control

Whether the business has a right to direct and control what work is accomplished and how the work is done, through instructions, training, or other means.

Does the worker set the schedule ?

Does the worker need specific training on the job for this location?

Does someone monitor the quality and completion of the work?

PART TWO: Financial Control

Whether the business has a right to direct or control the financial and business aspects of the worker's job.

Does the worker have unreimbursed business expenses?

Does the worker invest personal money in the facilities or tools used ?

Does the worker makes his or her services available to the relevant market ?

How does the business pay the worker?

PART THREE: Type of Relationship

Is the relationship documented in a written contract?

Does the business provide the worker with employee-type benefits ?

How permanent is the relationship?

How much are the services performed a key aspect of the regular business of the company?

Directors & Choreographers

Can be hired for an individual or multiple projects

Can be union or non-union

Are they employees?

SDC Directors & Choreographers Union http://sdcweb.org/contracts/agreements/

Has specific collectively bargained agreements for major categories

Individual agreement for smaller theatres

Academic institutions

Special projects

Provisions for Director, Choreographer or combination

Must have worked on a union production to join

Provides pension & health benefits

Key Contract Provisions Payment & Schedule

Intellectual Property

Right of First Refusal

Electronic Rights

Billing, Comp Tickets

Share of Subsidiary Income

Pension & Health

Big rule book to supplement contracts

Julien v. SSDC (1975) At issue- is a director an employee or an independent contractor?

Payment is based on completed services, not ongoing

Producer exercises ultimate control over a show

Ruling drew comparisons to composers- they deliver a product but work on own schedule & control final product

Became important precedent in ownership of shows & ultimately copyrighting stage directions fight

Led to SSDC contract change to include ownership statement

Gennaro v. Rosenfield (1984) Original production of Singing in the Rain

Choreographer hired for London production

Agreed only if promised US production

Sued for Harm to reputation & erosion of professional skills

Breach of promise

Hardships due to loss of work