The recent holiday break got us thinking about how fairness for workers is a constant, never-ending struggle.
At Cinefamily Accountability, we’re fortunate enough to enjoy paid time off during the holidays—a full two-weeks to lounge, visit with family, and go to the movies. Most workers settle for the significantly skimpier legal minimums: unpaid time off, or, in some cases when forced to work, government-mandated overtime pay. But some workers—notably including film projectionists—are not even guaranteed this minimum, thanks to a 1930’s era carve-out in the law.
This is how it goes: we use policy to set fair rules, and we hope our policy choices have the desired effects. But an industry can change over 80 years, or there can be unintended consequences, or bad actors can undermine fair standards.
We reported last year about two major legislative changes to workplace rights in California. One would have made it harder for unscrupulous employers to illegally misclassify workers. The other would have prevented arbitration agreements being forced onto workers. Both address common employer practices used to deprive workers of legal rights; both address practices reportedly common at Cinefamily; and both were to go into effect on January 1, 2020. Both are currently under attack: AB-51 has been enjoined by a court, and AB-5 faces several suits as well as a partial injunction. Making legislative progress requires struggle—but keeping and enforcing this progress also requires struggle.
Former Cinefamily staff, volunteers, and board members have told this website of employment practices that were allegedly common at Cinefamily and that, if true, appear to violate state and/or federal law, including:
Misclassification of employees as independent contractors
Misclassification of employees as volunteers
Failure to pay minimum wage
Failure to pay overtime
Failure to pay call-in pay
Refusal to allow breaks
Late paychecks
Failure to provide final paychecks
Retaliatory firings
Harassment and hostile work environment
Quid pro quo harassment
Assault and physical abuse
The Harkhams told the L.A. Times they have “a zero tolerance policy toward harassment [at Fairfax Cinema] and that they will be working with an on-site HR company,” but no additional information is available at this time. (Cinefamily’s employment handbook also stated that it “strictly prohibits sexual harassment.”)
We hope the alleged presence of alleged professionals will ensure safe, legal, and respectful employment practices at Fairfax Cinema. In 2020, we anticipate more Cinefamily Accountability reporting on the labor and employment front:
What’s the track record of the HR firm to which the Harkhams reportedly outsourced employment responsibilities?
A new “employment” page to come in the research section of this website, containing information like the recently-unearthed Cinefamily Employee Handbook.
The Harkham family seems to have a track record fighting against its own workers—we’ll look at the Harkhams’ history with labor disputes.
We’ll try to get to the bottom of the rumors that have long-swirled about labor violations at the Harkhams’ Family Books, where staff are reportedly unpaid.
We welcome tips from new Fairfax Cinema staff. Please contact us; confidentiality guaranteed.