A Quick Guide to Onboarding in The Entertainment Industry
Onboarding in the Entertainment Industry: Why Getting It Right Matters
Onboarding is an essential part of any business, but it’s especially important in the entertainment industry. A proper onboarding process allows a production or studio to ensure that everyone is on the same page and that everyone has access to the right tools and resources needed to do their job effectively.
In today's Legal Cut post, we will discuss the importance of proper onboarding in the entertainment industry, common mistakes made during onboarding, and best practices for onboarding in this field. Action.
The Benefits of a Proper Onboarding Process
Onboarding helps create unity within a production or studio by establishing clear expectations among all employees from day one. This includes having clear guidelines for pay and benefits, understanding roles and responsibilities, knowing which departments are responsible for what tasks, setting deadlines for when tasks need to be completed, etc.
Additionally, having a good onboarding process can help minimize miscommunication between departments and ensure that everyone is working together seamlessly.
Though an onboarding process does not have to be "formal" to get it right, it does need to be consistent - as a best business practice and to pass legal scrutiny.
For example, employers should ensure that their pay practices are equal across the board - and consider regular pay audits as a checks-and-balance (depending on the employer size, and if the employer is in California, they may be legally obligated to conduct a pay audit/report pay data- see California Civil Rights Department for more details). In California, employers may also be required to provide the pay scale for the position under California Labor Code 432.3.
The takeaway? Be consistent (and seek legal advice from an experienced entertainment employment lawyer if you have questions).
In addition to adopting a consistent onboarding process (and following it), employers may also consider whether an employment agreement or job description is necessary. We talk about employment agreements in the entertainment industry in depth in a prior Legal Cut post. Job descriptions may be beneficial to outline the company's expectations of an employee (and support proper classification if a wage and hour dispute arises, such as for misclassification).
Common Onboarding Mistakes in the Entertainment Industry
Misrepresenting the Kind, Character, or Existence of Work
One of the most common mistakes made during onboarding is not providing enough information upfront about roles and responsibilities. In California, California Labor Code Section 970 prohibits employers from influencing, engaging, or persuading a person to accept employment and relocate (from within California or any place outside California to inside California) by making knowingly false representations about the kind, character, or existence of work (or the length of time such work will last). In other words, in certain situations, false representations about a job can give rise to a legal claim against the company - a law largely unique to California.
But even if there has not been any false representation of the kind, character, or existence of work - employees should understand what is expected of them. This is why a job description can be advantageous as it serves to clearly define a role, especially when in the entertainment industry, expectations for a job can change from day to day. While fluctuating job duties may not give rise to a legal claim on their own, they can pose wage and hour complications, among other workplace problems. For example, if an individual employed in an exempt position is asked to step in to primarily fill job duties that fall into a non-exempt category, this may trigger a loss of their exempt status and entitle them to overtime payments, as well as meal and rest break rights (if in California).
Not Clearly Defining Reporting Structure
Employees should also be educated about a clear reporting structure, including who they report to and who manages their progress. Not only is this good business practice, but a workplace issue arises, proper identification of management may be crucial.
No matter the size of your business, it's essential to ensure any person in a managerial role is aware of their responsibilities and potential liabilities under state and federal law. If an employee raises a concern or makes a complaint – even when directed at someone thought to be 'in charge' – those concerns may be recognized as the company's responsibility. This means companies must take care if they bestow authority that would typically belong to official management roles; such individuals may legally act on behalf of the company, which can result in potential liability of the company for workplace misconduct violations by that individual. Properly identifying and educating employees on the managerial structure can help to avoid workplace issues later.
Neglecting to Establish Culture
Onboarding is an opportunity to establish company culture, but many companies fail to use it as such. This can result in employees feeling like they don't fit in, or worse, leaving the company.
Ignoring Legal Compliance
Onboarding is a critical time for ensuring compliance with relevant employment laws and regulations, but many companies overlook this aspect. This can result in legal penalties or lawsuits down the road.
Anti-harassment training is especially important during the onboarding process - not just for legal compliance (many states require it), but also to protect your company and its employees. Throughout my legal career as an employment lawyer, I've seen many cases arise from situations where employees were simply not properly educated in the sort of conduct permissible at work - or where the company fails to establish a workplace culture that prohibits discrimination, retaliation, and harassment. Setting the tone starts from the top and when a company shows that it places a value on a workplace free of discrimination, harassment, and retaliation - employees will follow. This includes not only regular harassment training but also bystander intervention training and prompt workplace investigations when the company is put on notice of an employee complaint.
In conclusion, when bringing new talent on board in the entertainment industry, it's key to keep projects running seamlessly from start to finish. To do this, equip your team with useful resources such as comprehensive role descriptions and software training; schedule check-ins for accountability; and foster a mechanism for fast resolution of any conflicts encountered along the way. Doing so will help ensure that no time is wasted due to communication issues or misalignment between teams.
Questions about the onboarding process for the entertainment industry or interested in an employment agreement or job description for professionals in the entertainment industry? Or looking for antiharassment or bystander intervention training at your workplace? Wagner Legal can help. Contact us today for a consultation.
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