Appeals Court Considers Importance of 'Friday the 13th' Screenwriter's Union Membership

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Just what does worker classification have to do with 'Friday the 13th'? Well, it turns out, the future of many movie franchises might turn on whether screenwriters are deemed to be employees or independent contractors

producer Sean Cunningham.

At the appellate stage, the big argument being made is that Underhill should have heavily weighted Miller's place as a member of the Writers Guild of America, which bargains for working conditions for Hollywood's scribes. As a result of membership, Miller got health and pension benefits, among other things. Since Miller's work onwas in part guided by the WGA's 1977 master agreement, Cunningham's company contends Miller was really an employee, not an independent contractor.

Although Judge Underhill nodded to Miller's WGA membership, much more important was examining the working relationship between Miller and Cunningham in light of factors enumerated in the Supreme Court's 1989 decision in. That old case dealt with a non-profit that had hired a sculptor to create a sculpture that would dramatize the plight of the homeless.

At the conclusion of his remarks, Toberoff added to laughs, "My only regret is that the hearing is Thursday the 13th instead of Friday."

 

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