On 4/7/09, I answered an online ad for a makeup artist from TXAMA. I went into the school to meet with Amber, their Talent Coordinator, about working on a photoshoot they were having the weekend of 4/25 - 4/26/09. Our verbal agreement was that I was to be one of 3 makeup artists working each day, and was to be paid $100/day. We discussed start times each day, but no specific ending time was mentioned. I worked about 8 hours on 4/25. On 4/26, I left 1 hour before the shoot ended. (I advised them that morning that I had a conflict with another job, and needed to leave early, and was told OK.)
The other crew members who were at the shoot were paid on 4/26, without having to submit an invoice. I was not paid, and when I contacted TXAMA, they asked me to send an invoice. I submitted an invoice, and on 5/23 I received a check for the work I did on 4/25, but nothing for 4/26. I spoke to Amber, Shelley (Marketing Coordinator), and Justin (Founder), by phone, to ask when I could expect payment. Justin told me that since I left early on 4/26, they were not going to pay me, because I was hired on a "day" rate, and since I did not work the entire day, I was not entitled to any pay.
On 4/26, only 1 of the other makeup artists had shown up, so we both did makeup for more models than we anticipated. I asked Justin if he would've thought it was fair for me to not work that day, or refuse to do makeup for some of the models, since the conditions had changed, and he said, no, I was obligated to work for the same rate of pay, regardless of how many makeup artists were there. I told him that I would be willing to subtract 1 hours worth of pay from the total of 8 hours, since the other makeup artist told me she left an hour after I did, and that she had worked a total of 8 hours that day. After a long conversation, he finally asked me to submit another invoice. On 5/26/09 I sent another invoice to TXAMA, and have gotten no response from them. I contacted the BBB & was told they will not take my case.
I have never received payment for my services on 4/26. My day rate is considerably higher than $100. At this point, I feel I have no recourse. I do have copies of emails between myself and the employees there, as well as copies of my invoices.
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