Overtime
Overtime traditionally means at least time and a half for any hours beyond 8 per day, 40 per week, or seventh consecutive workday. In the movie biz, these rules often get bent. Figure in your basic overtime to your rate when you agree to (or define) a long working day, or weekly rate. Your deal memo should state that you expect overtime compensation for all time beyond your basic 8, 10, or 12 hour day; as well as for weeks extending longer than the defined week.
Producers will counter with the statement that no one is getting paid overtime because no day will go overtime! To that, I point out, if we do not go into overtime -- then you will not have to pay me overtime.
But if you do not agree to pay me overtime when the day goes into overtime, then I will simply pack up and go home at the end of my shift and the rest of the crew can shoot M.O.S. (Of course, I never leave my equipment behind for someone else to use!)
The deal memo should cover areas such as meals (who pays?), travel expenses, gas, tolls, parking.
Travel days should be compensated, at least partially.
Airfare should be prepaid, and round-trip tickets are given to each crew member before departure. Make sure you have a return ticket in your possession, just in case the production falls apart while you are on distant location.
Hotel accommodations are to be of reasonable quality (clean, no bugs) and private room/bath. No dorms or sharing of facilities. No room mates. You are entitled to your privacy and rest. Rooms should be prepaid or secured with the Producer's credit card; never your own.
Most hotels will ask for the credit card of the person checking in, to cover incidental expenses such as phone, PPV movies, and room service. But if you give them your card, you would also be liable for ALL of the room charges if the producer defaults. Make sure that the only credit card that the hotel sees is that of the producer or production company. Use your cel phone for calls, pay room service in cash (for future reimbursement), and avoid PPV (or just pay in cash down at the front desk; or use your laptop).
Are you an employee or an independent contractor? Low budget producers will often try to entice you into being an Independent Contractor so that you will not have taxes deducted from your meager paychecks. But the IRS does not consider you to be an Independent Contractor unless you are working independently of the crew, such as an Editor in their own offices.
If you work under the direct supervision of the production company, then you are not independent. If you use your own equipment or facilities, determine your own hours, choose your own locations & working conditions_then you may qualify as an Independent Contractor.
But the biggest problem that you face as an Independent Contractor is not taxes, but insurance coverage. What happens if you get sick or injured on the set? What if disaster strikes your equipment? Independent Contractors are self-insured. Employees are covered by Workman's Comp and Liability provided by the Producer. In some states, you can also file for unemployment after the shoot, since officially you were laid off due to lack of work (even though you were only hired for a short duration).
Equipment and Expendables
Is the producer renting an equipment package from you and paying you weekly for it? Is the equipment totally your own, or is it from a rental house? Whose account is it under, yours or the producers? Who is providing insurance coverage against loss or damage? Is the company purchasing expendables and providing them to you, or are you bringing the expendables and billing the company on an as-used basis?
If you are engaged to act as a middleman in arranging for equipment, make sure that the rental house understands that you are acting on behalf of the producer and not for yourself. They may be willing to entrust their gear to the producer because they trust YOU, but then they will want to hold you RESPONSIBLE. Make it clear that they must be comfortable with the producer's credit app and insurance, and that you are not personally vouching for your client.
By the way, never put up front money or your credit card to cover company bulk purchases. If you have to front for expendables, then they belong to you until the company reimburses you, at a profit!