LOS ANGELES CITY ATTORNEY'S CEASE & DESIST LETTER

(sent to all Casting Directors in Los Angeles, CA. dated May 18, 2011).

SAG NED David White's response, dated May 19, 2011.
Background actors rebuttal of David White's statement.


FOR IMMEDIATE RELEASE
CONTACT: Cindy Shin - PIO
(213) 978-3347 (office)
(213) 276-0003 (mobile)
From the Office of the City Attorney
Carmen A. Trutanich

**PRESS RELEASE**
WEDNESDAY, MAY 18, 2011
CITY ATTORNEY'S OFFICE AND STATE LABOR
COMMISSIONER ISSUE JOINT WARNING TO EXTRAS
CASTING INDUSTRY ON ILLEGAL FEES

LOS ANGELES – The Los Angeles City Attorney's Office and the State Labor
Commissioner this week sent a joint letter to Central Casting of Burbank,
California, the entertainment industry's largest background casting business,
advising it to cease and desist from charging or collecting any fee from
background actors in violation of the State's labor laws.

In an effort to achieve industry-wide compliance, City Attorney Carmen Trutanich also sent similar warning letters to 13 other companies doing business in the City of Los Angeles which supply background actors for film and television.

Recently enacted State Labor Code section 1702.1 prohibits talent services from charging fees to background actors -- commonly known as "extras" -- for registration, photo processing and other services in exchange for finding them work. Also, long-established state law prohibits any employer from requiring a job applicant or employee to pay a fee or consideration of any type to apply for a job or to process a job application.

Responding to complaints by background actors, the City Attorney's undercover investigation found that Central Casting charges applicants a cash-only $25 "photographic/electronic image" fee, regardless of whether the applicant actually receives work, and that other casting companies collect fees ranging from $15 to $80. According to a 2008 press story linked to its own website, Central Casting registers 500 new background actors per week for jobs that typically pay minimum wage for 12-hour workdays.

"The Labor Commissioner's office is committed to enforcing all of California's
labor laws. This includes ensuring actors are not required to pay a fee which the law prohibits," said Labor Commissioner Julie Su. "An employer that requires a mandatory fee from actors applying for work as background performers in the entertainment industry violates this important rule."

If found in violation, the background casting companies and their agents,
directors and employees could be subject to misdemeanor prosecution with a
maximum penalty for each offense of one year in jail and a fine of $10,000.
Failure to fully comply with state law also constitutes an unlawful business
practice subject to injunctive relief, full restitution, and a $2,500 penalty for each violation.

The City Attorney's office has previously sent letters to the talent service industry notifying them of the new regulations under the 2009 Krekorian Talent Scam Prevention Act that went into effect January 1, 2010. Letters were also sent through a mass mailing to casting directors instructing them not to aid and abet violations of the law by casting workshops which charge actors to audition.

Contact:
Los Angeles City Attorney's Office
Public Information Office (213) 978-8340
Labor Commissioner
Erika Monterroza (415) 703-5279
.

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David White's response

e in an email message sent to SAG members a day later (May 19 2011):
Dear Screen Actors Guild Member,

On Wednesday, the Los Angeles City Attorney's Office and the California labor commissioner took a step that, while a long time in coming, is a significant advance for Guild members. The two are warning background casting companies that requiring actors to pay a fee for access to work is a violation of California labor law. A total of 14 cease-and-desist letters have been sent.

As many of you know, your Guild has been working to draw attention to this issue. The National Background Actors Committee and our staff members, including Deputy National Executive Director and General Counsel Duncan Crabtree-Ireland; National Director of Agent Relations Zino Macaluso; Director, SAG Background Actors Department Terri Becherer; and many others have informed, educated and encouraged elected and appointed officials to take action on this matter.

The results of that hard work are before you today in the efforts that these city and state government agencies are making to put an end to this illegal practice.

Protecting members' interests across the work environment is a big part of our mission at Screen Actors Guild and we applaud the Los Angeles City Attorney's Office and the labor commissioner for their efforts in helping to address violations in this area.

We vigorously support their commitment to consumer protection for Los Angeles and California residents, and find it particularly gratifying that this effort addresses a persistent area of concern for so many of our members.

We will continue our efforts to achieve similar success in other areas around the country where our members are affected by these types of fees.
This is a positive step for SAG members and we are very pleased to share it with you.
To read more about this issue, please click here for a copy of the L.A. city attorney's press release.

In unity and looking forward,

David White
National Executive Director
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Background Actors Rebuttal of David White's Response

The lie from David white is this line

"As many of you know, your Guild has been working to draw attention to this issue."

No, David, that is not true. It's a lie. SAG has done next-to-nothing. Yes SAG did support AB 1319, but did nothing after it came into law on January 1, 2010. Besides, the law used by the City Attorney in these recent actions was State Labor Code section 1702.1, which SAG did not publicly support before it came into effect.

In fact the City Attorney says in the Press Release (above):

"Responding to complaints by background actors, the City Attorney's undercover investigation. . . "

Now, that's a true statement because we know the names of the background actors who filed complaints against all the Casting Agencies and all the Calling Services with the City Attorney's representative on this matter, Attorney Mark Lambert. We have in our possession copies of all the emails sent to Mark Lambert by these actors about this issue.

So, David White, the truth is you lied to SAG members in your email, didn't you? You actually did nothing, but tried to take all the praise for what background actors did.

The background actors who filed the original complaints with Los Angeles City Attorney Mark Lambert should get the praise for what was achieved, certainly not David White, and not SAG ether.

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