Who Polices the (Fashion) Police?

There's a very popular TV show on the E! network called Fashion Police and its writers are going to court over money they believe they're owed. A lot of money. Here's a link to a report on it. And when you read it, take note of this line: "Writers Guild of America, West has provided legal assistance to the writers in their filings."

This is not a WGA show. E! is not a signatory and the folks who write their shows do so without any protection from a union or other labor organization. When they're screwed, as is alleged here, they have no recourse but to go hire a lawyer. This can be a costly thing, especially when going up against an entity that has a lot more money than you do…which is probably all of them.

I don't know the specifics of the Fashion Police situation beyond what's claimed in the article but it's no secret that writers on non-union shows are often paid poorly. You wouldn't believe how poorly in some cases. And in 100% of the horror stories I've heard, it works like this: The writer is offered bad money. He knows it's bad money but he also knows…

  1. Hey, it beats not making anything or working at Olive Garden…
  2. It could lead to something bigger and better and…
  3. It's only 40 hours a week so I'll have time to work on my own scripts and finding a better position.

"A" is usually true. "B" is occasionally true. Other times, working for low money types you as someone who'll work cheap…or can't be that good if he or she is willing to work for that kind of moola.

"C" seems to never be true. Every single TV staff job turns out to require between 150% and 200% of the time you thought it would when you accepted it — and for the same paycheck. That seems to be the kind of thing that prompted the Fashion Police writers to take action. Most writers do not object because they fear it'll cost them "A" and they'll get typed as troublemakers, thereby scotching "B." It can also cost a lot of money — money they don't have — and it often is not cost effective.

Unscrupulous producers have been known to count on that. There's a guy in town who makes low budget movies who's notorious this way. He agrees to pay you $500 and when the check comes, invariably a few months later than promised, it's for $460…and all your protests and complaints fall on the deafest of ears. He may even shrug and tell you, "If you don't like it, the door is that way," end of discussion. He figures you're not going to quit and go hire a lawyer over $40, nor will any attorney handle your case on contingency for a cut of that. You could take him to Small Claims Court and I understand at least one person did…but most of the time, no one does. Too much trouble…and they need the work.

There's also often a "D" at work here, a tidy bit of self-entrapment: You tell all your friends, "I'm going to L.A. to become a TV writer," and move out here you do. You have in mind writing for prime-time, prestigious shows but, sad to say, there are X openings on those programs and 100X (at least) writers who want those gigs. So you don't get one and then you don't get one and after a while, you still don't get one…and any kind of TV writing job can look mighty appealing. You need the bucks — but more important in some ways is that you need to tell the folks back home that you're writing for television. Any kind of television. If you're wise, you'll do what you can to minimize that kind of pressure.

As for being swindled on money…well, in the 4+ decades I've been a professional writer, I've been swindled on comic book work, swindled on magazine work and swindled on animation work. I've never been swindled on a WGA show. They tend to not cheat you on those because they know you won't have to spend money to take action. The Guild handles things for you.

I am not suggesting that anyone refuse to work on non-WGA live-action shows. That's a decision everyone has to make for themselves. I will suggest that if they do, they not be surprised that they're suddenly working 80 hours and being paid for 40. That happens way too often. I'm glad my Guild is helping these folks.