Author: Michelle Brannan

  • Independent Contractor Payroll: Managing 1099 Contractor Payments

    Independent Contractor Payroll: Managing 1099 Contractor Payments

    Putting together a photoshoot or other production crew is no simple feat. There are dozens of roles to fill and each relies on the next for a job well done. As producers compile this team of folks, and the crew taps in to give it their all, perhaps the most important piece of the puzzle is getting them paid. 

    Since producers depend on the talents of contracted models and crew, effectively handling contractor payroll is essential for fostering flourishing productions and relationships in the industry. Today, we delve into the intricacies of freelance payroll management, the advantages of employing 1099 payroll solutions, and the ways LÜK Network can help you simplify this process. 

    How is an Independent Contractor Paid?

    When it comes to independent contractors, their pay is as unique and flexible as they are. Instead of being tied to a standard salary, these self-starters get paid based on the projects they complete or the jobs they take on. It’s all about embracing the freedom and control that comes with being your own boss. 

    There are a few payment options for employers and their independent contractors. First is payment schedules. Contractors may be paid hourly, biweekly, or by the job, depending on the length of the contract and the job type. 

    For payment methods, direct deposit stands out as a popular choice for its convenience and efficiency for both parties. Who wouldn’t love having their pay delivered straight to their bank account without any hassle?

    Alternatively, independent contractors can also be paid via check, online payment solutions, or even via cash.  

    But, with the freedom of being an independent contractor – and working with 1099 employees – comes the responsibility of managing taxes, varying payment schedules and methods, and following all labor laws. 

    How to Run Your Contractor Payroll 

    Be it classifying workers correctly to create agreements, or managing documentation, follow these essential steps to make your 1099 payroll a breeze. 

    1. Worker Classification

    Misclassifying a contractor as a W2 employee can lead to some legal and financial headaches. The IRS provides guidelines and Form SS-8 to help you determine if a worker is an independent contractor or an employee. 

    Nailing this classification is step one in ensuring smooth sailing for your business and your contractors. This is especially important for California employers who have some of the most stringent labor laws. The AB 5 law implemented in 2020 requires employers to determine whether a worker is considered an employee or independent contractor using an “ABC” test. 

    Source

    Unless the hiring entity satisfies all three of the following conditions, the worker is would be considered an employee: 

    • The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
    • The worker performs work that is outside the usual course of the hiring entity’s business; and
    • The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

    2. Create Contractor Agreements

    A clear and detailed contractor agreement is an absolute must to set expectations, establish payment terms, and ensure compliance with labor laws and tax regulations. These agreements should outline the project scope, compensation, and any other relevant terms. After all, a solid agreement is the foundation of any great professional relationship.

    With everything spelled out and agreed upon, you and your contractors can focus on what really matters: getting the job done and achieving fantastic creative results.

    3. Pay Contractors

    When it’s time to pay your contractors, be sure to maintain an organized payment history and stick to the agreed-upon schedule. This helps build trust and keeps your working relationship smooth and enjoyable. Paying people quickly and efficiently is just one way to guarantee the dynamic remains copacetic and fruitful for shoots to come.

    A well-maintained payment system not only makes your contractors happy but also helps you avoid any potential tax issues or disputes down the road. 

    California has wait time penalties for employers that don’t pay out wages in a timely manner at the end of a working relationship. The penalty is measured at the employee’s daily rate of pay: it’s calculated by multiplying the daily wage by the number of days the employee was not paid (up to a maximum of 30 days).

    And this isn’t only for full-time employees: wait time penalties are also issued for payment delays to independent contractors living and working in California. For example, if your talent is paid $2,000 per day and you’re 30 days late in California, you could potentially be liable for $60,000 in damages. And in New York, freelancers also need to be paid within 30 days, otherwise you’re liable for up to $25k in damages per freelancer.

    4. Manage Contractor Documentation

    Properly managing contractor documentation is key for keeping accurate records and staying on the right side of tax regulations. This means handling invoices, tracking payments, and issuing 1099-NEC forms to the appropriate contractors. With your documentation in order, you’ll always feel steady as you navigate the twists and turns of tax season.

    Don’t forget to keep these records for at least three years, as the IRS may request them in case of an audit. By staying organized and managing your documentation like a pro, you can breathe a sigh of relief, knowing that your business is well-prepared for any nuanced curveballs that come your way.

    Options for Managing Your Independent Contractor Payroll

    When it comes to managing your independent contractor payroll, you’ve got options. But the right choice depends on the size and needs of your business. Let’s explore the possibilities – and find the perfect fit for you.

    Doing it Yourself

    For some businesses, managing your own production payroll can provide more control and potentially lower costs. However, as your company grows, the DIY approach becomes less feasible. The complexity and time commitment required to manage contractor payroll efficiently can quickly become overwhelming.

    Some disadvantages of doing it yourself include:

    • Time-consuming manual processes can lead to late or inaccurate payments 
    • Increased risk of errors and non-compliance with tax regulations
    • Limited scalability as your business expands
    • Lack of automation and integration with other business systems

    Independent Contractor Payroll Software

    LÜK Network saw how producers’ time was tied up, whether it was processing multiple invoices for any given shoot, sending out ad hoc payments, submitting tax forms, or chasing folks for billing details. All the minutiae of the payroll process leave less time for creative output and the parts of production that drew them to the work to begin with. 

    That’s why we created an innovative and streamlined approach to managing independent contractor payroll for the modern producer. Our full-coverage solution correctly classifies freelancers, manages worker’s compensation and payroll taxes, and pays talent from multiple agencies with just one invoice. 

    LÜK's Independent Contractor Payroll Software

    We take on the responsibility for all the financial and legal procedures associated with contractor payroll, workers comp, and tax documentation on your behalf…so you can just focus on creating an incredible production.

    Benefits of Paying Independent Contractors Through a 1099 Payroll System

    Embracing a 1099 payroll system like LÜK provides a host of benefits that’ll leave you wondering why you didn’t make the switch sooner. Let’s dive into the advantages that’ll make your payroll experience smoother, more efficient, and, dare we say… easy.

    Easier Worker Identification

    A 1099 payroll system makes managing your independent contractors simple: it ensures they’re correctly classified and handled separately from your W2 employees all on one platform. 

    By paying talent through LÜK, you have a guaranteed system of consolidating and tracking all the 1099’ers. Come tax season, simply log into your platform and gather the information you need. All relevant details are archived, organized, and ready to roll.

    Simpler Payment Processes

    Say goodbye to complicated payment processes. LÜK’s All-Set feature optimizes accounting even further by putting all 1099 freelancers on one invoice and handling all payouts. We also provide detailed payment reporting for future tax purposes. 

    Tax Management

    For producers working with lots of different talent from multiple agencies, navigating taxes can be…stressful to say the least. 

    Using LÜK Network means there are no more payroll taxes, issuing and storing tax forms, and withholding taxes from the workers paychecks. It’s like having a tax expert (who is very fun and cool and reassuring) right by your side. 

    Labor Law Support

    Labor laws can be tricky, but using the right contractor payroll system provides peace of mind when it comes to state and federal regulations. 

    LÜK means no more worrying about State & Federal labor laws. Our dedicated accounting team is fully equipped and knowledgeable on the how and when of timely remittance. Added bonus:  your talent will appreciate the full transparency of what is being paid and when.

    Cost Savings

    Thanks to reduced manual errors and streamlined management, independent contractor payroll software can actually reduce overall payroll costs. 

    However, cost savings vary by service. LÜK provides 40% cost savings compared to traditional payroll services. By correctly classifying workers as 1099 independent contractors, employers don’t have to pay additional federal and state payroll taxes (Social Security, Medicare, and Federal & State Unemployment that can range from 12% to 15% of the total payroll). 

    Talent Benefits

    Word travels fast in our industry, and happy talent is a sign of a top-tier production team. With LÜK, talent gets to receive their paycheck in full with complete transparency about what they will be paid and when. Or they can use FlashPay, an option for advanced payment for a minimal fee. Empowering talent with pay transparency is an absolute win for all parties, allowing for smoother communication and management of expectations. 

    And back to the tax thing: LÜK will also automatically send 1099-NEC directly to the talent if they meet the payment threshold set by the IRS. We’ve got that covered, too.

    Independent Contractor Payroll FAQs

    laptop

    1099 vs W2 Employees

    The terms 1099 and W2 refer to the tax forms used for independent contractors and employees respectively. Independent contractors (1099 workers) are self-employed, have more control over their work, and are responsible for their own taxes. 

    Employees (W2 workers) are subject to company policies, receive benefits, and have taxes withheld by their employer.

    How is Form 1099-NEC completed?

    Form 1099-NEC is completed by the business paying the independent contractor. It includes the payer’s and recipient’s names, addresses, tax identification numbers, and the total nonemployee compensation paid during the year. The payer must provide a copy to the contractor and the IRS by January 31st of the following year.

    Who is responsible for the independent contractor’s federal payroll taxes?

    Independent contractors are responsible for their own federal payroll taxes, including income tax and self-employment tax (Social Security and Medicare). They typically make estimated tax payments quarterly to cover their tax obligations. 

    Businesses hiring independent contractors aren’t required to withhold or pay taxes on their behalf, which sets them apart from employees.

    Make the Independent Contractor Payroll Process Simpler with LÜK 

    Managing independent contractor payments can be a time-consuming and complex process. But we have some good news: by leveraging the services of LÜK, you can effectively manage your contractor payments while focusing on your core role: being creative. 

    LÜK’s full-coverage offering simplifies this process by providing a single point of contact for all your contractor payroll needs. By choosing LÜK, you can streamline your billing and compliance, ensuring that your talent is paid accurately and on time–every time. We mitigate all the risk and liability of payroll for the producers who work with us.

    More good news: LÜK isn’t only a payroll and compliance solution. We’re an all-in-one talent-booking platform dedicated to providing the best, most diverse talent available. Think of it this way: we’re your industry expert, personal booking specialist, and accounting department’s new best friend–all in one simple platform. 

    Ready to get your time back? 

  • Your Production Insurance Guide: What You Need to Know [2023]

    Your Production Insurance Guide: What You Need to Know [2023]

    There’s a lot that goes into producing video, digital, and print campaigns. While producers of course must book the best talent, find incredible food, schedule shots to get the most out of a sunny day, and much more…having the right production insurance policy may be the most important. To allow the more dynamic, creative parts of the work to take over, it’s helpful to have the peace of mind the right production insurance policy can provide.

    LÜK Network’s priority is to connect the best who with the best what: providing resources and connecting dots for producers. In that spirit, we’ve put together this (not thrilling, but super important) production insurance guide to help ensure each producer’s creative vision and crew are properly protected. 

    What is Production Insurance?

    Production insurance covers all types of production, including film, television, radio, theater, and live events. It exists to help protect producers, directors, and actors from liability and financial losses that may occur if a shoot is hit with a dose of chaos. It also provides coverage for equipment, locations, and other materials used in production. 

    Basically, a great policy is chaos repellent. You don’t want to need it, but you gotta have it.

    Even the most airtight, top-notch set needs a safety net for human errors and omissions, public liability, workers’ compensation, and property damage. It helps ensure that each production runs safely and efficiently so producers can focus on the reason they’re there to begin with: the creative parts of the work at hand.

    Short-term Production Insurance vs Annual Production Insurance

    Short-term production film

    Short-Term Production Insurance  

    Short-term production insurance offers coverage for a single production, whether it’s one day of shooting or a few weeks. It can be a great option for producers that are just starting out, or those that know they’ll only be producing a few projects a year. 

    This kind of production insurance is bought for each project and can provide coverage on a project-by-project basis, whether it’s a print shoot, commercial, short film, or music video. 

    Annual Production Insurance

    Annual production insurance covers production for an entire year. It can be a great fit for producers working on multiple projects throughout the year or for projects that last longer than 12 months, such as documentaries or feature films. It’s also helpful for larger production companies that run several projects at once.

    Why Does LÜK Network Care So Much About Production Insurance? 

    LÜK’s mission is to provide ease and efficiency to the casting and production process wherever we can. Though a breezy, beautiful casting workflow and payment processing are LÜK’s main events, we aim to extend a hand in any way possible as producers cobble together a successful shoot. 

    Providing consolidated, reliable information for all elements of production is just one way we can cultivate that mission in a meaningful way.

    Types of Production Insurance

    photography production

    General Production Liability Insurance

    General liability insurance provides coverage for premises and locations for bodily injury and property damage to third parties during filming. It can sometimes be limited to location. 

    Worker’s Compensation Insurance

    In the event of an injury on set, worker’s compensation insurance can cover medical expenses and rehabilitation costs for the cast and crew. This type of coverage is often for all full-time employees, but it’s also recommended to make sure your worker’s comp covers any independent contractors working a production since there are often many. 

    Owned Equipment Insurance

    Insurance policies for equipment can cover both rented and owned gear. These policies can guard the equipment against damage, theft, or loss while on set. 

    It’s important to remember that these claims usually come with a deductible so you’ll still have to pay a flat rate to repair or replace the gear. 

    This deductible usually ranges between $1000 and $3000–but can sometimes be as low as $500–which is a much better price than replacing an expensive camera rig that can reach into the five-figure territory. 

    Errors & Omission

    Errors and Omissions (E&O) insurance, also called Professional Liability insurance, protects producers that work on photoshoots and film from intellectual property violations, plagiarism, slander, and defamation of character. The cost of this type of insurance can vary depending on the production size.

    Travel Accidents

    Travel accidents are unfortunately one of the most common risks that production companies face since crews are traveling all over the state, country, and world to find the right shoot location. Insurance covering travel accidents can cover medical bills, lost wages, and other expenses related to travel accidents, as well as save you from any potential legal issues. 

    Whether it’s a car accident on the 101 or a turbulent plane ride from Vegas to Burbank, travel accident insurance for producers helps safeguard against certain liabilities that could negatively impact your production crew and production budget. 

    Accident Mental

    Accident Mental coverage is an important component of production insurance that offers specialized coverage for mental health-related issues. This coverage protects personnel and crew members’ physical and emotional welfare, including counseling costs and other treatments. 

    Accident Mental coverage may also include reimbursement for lost wages due to mental health-related absences as well as legal fees related to any potential claims against the production company.

    Auto Insurance

    Auto insurance covers both auto liability and auto physical damage. Auto liability provides protection from financial losses resulting from an accident involving a production vehicle, while auto physical damage insurance covers the cost of repairing or replacing a production vehicle that has been damaged. Be it a car scene in a movie or a tired driver’s gear shift mix-up, this type of policy can’t be overlooked.

    Excess Liability Insurance

    Excess liability insurance is an add-on to your production insurance policy that helps provide extra protection in case of a lawsuit or major claim. This type of coverage is essential for productions with a higher budget that may need an extra layer of protection in case of a major claim.

    It also protects against claims of libel, slander, copyright infringement, personal injury, property damage, and advertising injury, as well as legal defense costs and any settlements or judgments resulting from a claim. 

    Benefits of Production Insurance

    As a producer, the last thing you want is to have to postpone or cancel a project because of damages, injuries, and more. 

    Production insurance: 

    • Protects your production from unexpected and costly losses due to equipment failure or other unforeseen circumstances.
    • Saves money on costly repairs and replacements.
    • Provides financial protection in case of a lawsuit. 
    • Can provide some peace of mind and security (which isn’t easy in this industry).

    Where to Get Production Insurance

    Production insurance is available from many different insurance companies and brokers. Depending on the size and needs of your production, you may need more than one type of policy. 

    Some companies specialize in production insurance and can customize your policy to fit your needs. When researching production insurance, ask questions about any limits or exclusions that may apply.

    A few popular production insurance companies include: 

    Production Insurance FAQs

    film production

    What is a Certificate of Insurance?

    A Certificate of Insurance, or a COI, is a document that indicates that you have insurance coverage in case of an unfortunate event. It is basically a list of the insurance protections you have in place, the start and end dates, and the coverage limits.

    What are Film Insurance Deductibles?

    A film insurance deductible must be paid out-of-pocket before the insurance company covers the cost of the insurance claim. 

    How Much Does Production Insurance Typically Cost?

    The cost of insurance varies. The range is pretty wide, from $400 to $2,500 a year. However, it also depends on the insurance company and what you need to be insured. The most important factors that can impact the overall cost of your insurance are:

    • Production company size.
    • The filmmaker’s budget.
    • Insurance needed.
    • Any potential risks that can happen during production. 

    Streamline Your Entire Production Process

    Ultimately, creative work is what we’re here for. Having production insurance offers the peace of mind needed to free up a producer’s headspace to focus on the more rewarding parts of the job. In that very same way, LÜK Network is here to transmute production headaches into smooth workflows and saved time. 

    LÜK connects top-tier talent with top-tier creative producers at some of the world’s biggest brands and production houses. Through intimate knowledge of the casting and payments workflow, our simple, solution-based tool kit streamlines those parts of the job. A casting cure-all if you will!

    We’re confident that LÜK’s suite of producer tools can be the answer to your production woes. Set up a demo with our sales team to see how we can help. We can’t wait to meet you!