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Cardozo Law Review

Abstract

Part I of this Note will provide a background of the stage theater industry and the current federal and state labor laws and regulations. Section L.A will introduce the basic structure of the acting world, the differences between union and non-union actors, and the conflict surrounding the recent repealing of the Los Angeles 99-seat Theatre Waiver. Section I.B will discuss current minimum wage laws, focusing on the provisions of the Fair Labor Standards Act (FLSA). Part II of this Note will analogize the actor's situation in the line with the relevant statutes, regulations, and case law to determine whether theaters are actually breaking minimum wage laws. Part II will also analyze the economic and moral ramifications of fair wage regulations and why it is necessary for the federal and state governments to protect and enforce these standards, regardless of the individual workers' desires.

Part III of this Note will propose a dual action process to work towards solving the issue of the actor's sacrifice and its perpetuation of illegal labor practices and economic stagnation. On a legislative level, the government must take steps to amend current legislation in a way that clarifies the statutory ambiguities for actors in the labor force and provides incentives for theaters to pay actors a fair wage. A second layer of action requires establishing enforcement mechanisms both legislatively and through social bargaining organizations in order to educate actors, strengthen their bargaining power, and provide them with a support vehicle through which they can advocate for their rights. While this labor force is unique in both form and substance, its uniqueness in no way suggests that actors should be left unprotected.

Disciplines

Civil Rights and Discrimination | Labor and Employment Law | Law

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