Random Thoughts – Randocity!

What is an inclusion rider?

Posted in california, Employment, film by commorancy on March 5, 2018

As Francis McDormond spoke while accepting her Oscar, she left the audience with two final words, “inclusion rider”. What is it? Let’s explore.

Hollywood Contracts

Being a Hollywood actor, director, writer, cinematographer, producer or other cast or crew requires signing a contract with the production for employment. Contracts, as we all know, are legal agreements that you legally agree do whatever is stipulated within the contract. If you’re an actor, you’ll act. If you’re a producer, you’ll produce…. and so on.

However, there are also other items that can be added to contracts to make them sweeter, such as getting a percentage of the back end. The back end could include residuals from such things as box office sales, merchandising, video sales, rentals, etc etc. These can make whatever that person got paid even sweeter. If the production does well, that percentage of the back end could mean an even bigger paycheck. It’s always reasonable to try and negotiate percentages in productions, and while many lead actors and actresses try, getting that deal isn’t always possible. Negotiation of a back end deal is a form of rider. However, this is not the type of rider of which Francis McDormond speaks.

Affirmative Action

Before Affirmative Action began, minorities didn’t get their fair share of consideration during the hiring processes in many companies. Affirmative Action was created to ensure that employers remain equal opportunity for anyone who chooses to apply for a position. This means that an employer cannot turn away anyone for the position solely based on race, creed, color or natural origin (among others). The idea is that everyone must be considered for the position equally so long as they have the necessary skills and qualifications. What does this have to do with an ‘inclusion rider’? Everything..

Inclusion Rider

Hollywood is facing its biggest upheaval in many, many years. With the fall of Harvey Weinstein (and many others), Hollywood faces much scrutiny over unfair practices in productions against not only minorities, but also against women. In particular, McDormand refers to the fact that women have been unfairly treated in Hollywood for far too long. Not only in the sex object perspective, but also from a pay perspective. Francis McDormand’s comment conveys a ton of information in those two words.

An inclusion rider is a legal addition to a contract, specifically, a movie production contract, to ensure that women are fairly compensated and properly represented within the production. However, there’s a whole lot more veiled in these two words. In particular, McDormand’s comment was intended toward the Hollywood A-Listers who command not only a high salary, but a lot of negotiating power when it comes to their employment contracts.

Basically, an inclusion rider means hiring folks into the production in all capacities that represent all ages, creeds, colors, races, lifestyles, genders and so on. Unfortunately this also means sometimes shoehorning cast members into a production who don’t fit the story or setting of the film. For example, the most recent Fantastic Four is a very good example of the use of an ‘inclusion rider’ on the cast. This production hired a black actor for Johnny Storm. This is so far out of place from the original FF comics, it actually made no sense. Basically, that film version took extreme liberties from the the source material of Fantastic Four and rewrote that Susan Storm was adopted into a black family! This was never the case in the comics. In the comics, Susan and Johnny Storm were actual siblings, not adopted siblings and not from a mixed race family. Unfortunately, the production shoehorned in this black actor into this role without thinking through if it made any sense to the source comic material. This is when an ‘inclusion rider’ goes way too far and gets in the way of the casting for the production. To be fair, that casting mistake (and it was a relatively big one) was actually one of the lesser problems with that film version of Fantastic Four. Though, it didn’t help either.

The second example is Star Wars: The Force Awakens. J.J. Abrams intentionally requested a diverse set of ethnicities to be represented in the Star Wars reboot. However, because these stories didn’t exist, casting these characters wasn’t as big of a problem like The Fantastic Four. However, by The Last Jedi, the production had shoehorned the newest character, Rose, played by the Asian female actress, Kelly Marie Tran. Apparently, the production thought they didn’t yet have enough ethnicities represented and threw in yet another another character at a time when the production already had too many characters in the cast. The Rose character just doesn’t work. Sure, they added an Asian female actress, but that was too little, too late for the China audience. China had already written off the latest Star Wars as stupid way before Rose joined the cast. The casting of Rose did not in any way help sway China to accept these newest Star Wars films.

Is an inclusion rider good or bad or even necessary?

I’ll leave that for you to decide. However, from my perspective, the source story material should always rule the roost. An inclusion rider should never attempt to shoehorn diversity in actors or actresses simply because it’s politically correct. If you’re a producer who’s adapting an existing novel to the big screen that contains primarily white male characters as the leads among similar background characters, you shouldn’t recast them using to black, Asian, Latino or female roles just because of an inclusion rider. You should also not include extras who are demographically out of place or who don’t make sense for the source story. The source material should always be upheld for casting as the source story dictates. If you can’t cast a film the way the book is written, you should find another book to translate to film that fits your casting ideals.

Rewriting the source material’s story just to fulfill an inclusion rider is not only heavy handed, it’s insanely stupid, insipid and likely to cause the production to flop. The characters in a book are written to be a certain way and that’s why the story works. If you’re adapting that book to film, you should make sure that you’re being faithful to the source material which doesn’t include changing genders or the ethnicity of any character in a book just to fulfill an inclusion rider. Stick with the source material or expect your movie to fail at the box office.

See: Fantastic Four (2015) and Ghostbusters (2016) to understand just how badly ‘inclusion riders’ can affect your final product.

If you’re writing an original story for film, then by all means write the story so that the characters can be cast in the way that makes the most sense for your production’s inclusion riders. But, don’t bastardize an existing book or adaptation just to fill the cast with random genders and ethnicities that don’t make logical sense for the story or the setting.

As for whether an inclusion rider is even necessary is entirely up to the actor to negotiate. If you feel it’s important for your participation in the film, then yes. But, what’s really more important is you doing your best work possible with the cast who’s hired. Putting unnecessary demands on the producers might, in the long run, hurt your career longevity. That decision, however, is entirely up to you.

Best Production Possible

As a producer, don’t tie your production’s hands unnecessarily by adding stipulations that limit the potential quality of your project. You want your project to succeed, right? Then, keep all of your options open. Adding an inclusion rider that limits your hiring practice may, in fact, limit your production’s chances of succeeding. Don’t limit your production solely to hire under-represented minority groups. Do it because it makes sense for the film’s story and to make that story’s setting more authentic, not because you have an inclusion rider present.

Hiring Values

As for your behind-the-scenes production crew, by all means, hire as diverse as you possibly can. The more diverse the better. As with any business, and don’t kid yourself that a film production isn’t a business, diversity in hiring applies just as much the crew as any other employee in any other business. Diversity in hiring should be included in any capacity that your film needs. Of course, these folks are all behind the camera. However, hire smart, not diverse. This means that you don’t hire just because you want diversity. Hire because the person has the right skills for the job… which means, don’t turn away well qualified Caucasian candidates just because you want to hire diverse. Hire each one of your positions because the candidate offers the skills you need to get the job done, not because of an inclusion rider. Hire for skills, not diversity.

For the cast members in front of the camera, always hire the cast that makes the most sense for the story and produces the most authentic results. Don’t hire diversely just to fill a quota because you feel that an ethnic, lifestyle or gender group is underrepresented on film. That’s the wrong reason to hire a cast. Hire a cast that makes proper sense to tell the story. If that means diversity, great. If it means all white females or all black males, then that’s what the story needs. The story should dictate the cast, not an inclusion rider.

Original Hollywood Sign photo by raindog808 via Flickr using CC 2.0 license


How not to run a business (Part 13): Hiring

Posted in business, Employment by commorancy on August 21, 2016

I’ll preface this article by saying that there is no magic bullet to hiring, even though a lot of people want there to be. Any processes put into place to reduce the number of resumes to dig through will weed out potentially good candidates. If you believe that your weed out the methods are effective at helping you find just the right candidate, you are mistaken. Let’s explore.

Don’t believe your weedout methods work

As a hiring manager, when you have a large stack of resumes sitting on your desk, your first thought is likely, “how do I read through these rapidly?” Unfortunately, there is no easy answer or magic bullet for digging through resumes.

Instead, what you need to understand is that to find the best candidate you need to read through and carefully examine every resume and every candidate. Clearly, you will find resume submissions that don’t make sense. If you try to find an easy way to skip reading, you’re going to weed out candidates that could be a good fit for your company. On the other hand, by skipping resumes, you may ultimately be left with bad candidates who are not a good fit for your company.

Don’t skip reading resumes

Many companies try many forms of pre-screening methods to limit reading resumes. Methods that include psychological tests, aptitude tests, technical tests or any combination of those tests. Depending on the position for which you are hiring, it may also include other tests such as  lie detector tests (i.e., in trust or money related positions).

Don’t get caught up in the pre-screening process and forget about finding the best candidate for your job position. If you are simply too busy and your primary goal is to get rid of half or three quarters of the resumes on your desk, you have entirely lost sight of your goal and you might as well just randomly select three quarters of those resumes and throw them in the trash. That’s how effective such early weed out methodologies are in finding the right candidate. If you believe the hype that tests are effective at finding just the right candidate, your test provider is blowing smoke. You’re paying money for nothing. That test provider is only there to sell you into their testing service, not provide you with an effective service to locate quality candidates. This comes to…

Why tests fail you

Tests weed out people who are good or bad at taking tests. If your job role is all about taking tests every day, then weeding out those who can’t take tests makes sense. However, if your job role is something other than taking tests (which most real world jobs are), then testing your candidates may weed out people who may be a good fit for your role. Not every person on the planet is good at taking tests. Tests take a certain mindset, require specific thought processes and requires quickness on your feet. It’s a mode each person gets into solely for taking tests and never a mode you get into for actually doing job-related work.

For example, in technical positions where correctness and completeness is the key to prevent mistakes, test taking is the exact opposite of what you want in your role. You want people who are careful, methodical and have attention to details. You don’t want people to rush through the work and guess at answers because that’s the quickest ways to mistakes. Multiple choice tests are extremely bad at determining if a person offers attention to detail, is a good communicator, has the skills you want or at  predicting effectiveness in a job role.

Tests also fail to screen candidates properly because apptitude, IQ and management tests do not assess a candidate’s job skills at all. Worse, the assessment it seeks might not even be relevant to their job role and may even erroneously assess the wrong skills.

How do you find a good candidate?

If you’re actually looking for the best candidate to fulfill your position, then you will need to spend the time and go through each and every resume from top to bottom and weed them out in the normal way …. by reading.

I understand time constraints. I really do. You want the easiest and fastest way possible to find your candidates without spending a lot of time on this process. This is especially true if you have thousands of resumes to review. Unfortunately, there is no easy answer. Tests won’t do it. Random selection won’t do it. Only by reading through the resumes and talking the candidates will you find the right person for your job role.

If you don’t have the time to spend on the hiring process, then you probably shouldn’t be in a hiring position. If you cut corners, then will get what you deserve. Yes, it is very tempting to use third party pre-screening technologies, like testing, to eliminate candidates sight unseen, but be prepared to potentially eliminate some of your best candidates by doing so.

Job Postings and Resume Volume

If you do actually have 10,000 resumes on your desk, then you’re likely posting your job ad too broadly. Posting your job too broadly is your first mistake. Not only will it bring in too many candidates, it will bring with it many recruiter calls (something will you want to avoid if your intent is to hire internally). Use limited job boards and job ads when posting your jobs. If one venue doesn’t work, wait until that job ad expires before posting it somewhere else. Don’t just blanket the internet everywhere to find candidates.

If you need your position filled yesterday, and who doesn’t, that’s just not going to happen if you’re looking for a Rock Star. If you need someone now, then consider hiring a contractor to fill the role to buy you time until you can find the right permanent candidate.

Overall Best Practices

Forcing any kind of pre-screening tests onto candidates is really no more effective than doing it the old fashioned way. In fact, the old fashioned way of reading through resumes and calling them for phone screens is probably the easiest, fastest and most reliable way to determine if the candidate is a good fit. It is also the best way to determine if you should progress the candidate to the next stage of interviews.

Yes, there are many testing services out there willing to take your money for the promise of producing high quality candidates. In the end, you’ll find that you could have found those candidates on your own without spending that money on a testing service.

Part 12 | Chapter Index

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Paypal: Don’t trust them with your checking account!

Posted in banking, best practices, scam, scams by commorancy on April 1, 2009

Paypal has been in business for how many years now?  Yet, they still can’t manage to find a way to verify a person without using a bank account?  Since day 1 of Paypal, I’ve been sternly opposed to giving my checking account routing information to Paypal.  Why?  It’s very simple.  I don’t trust them.  I never have.  I never will.

Why you should never give out bank account + routing information to anyone!

Let me first say that when I discuss ‘routing numbers’, this means a combination of both your account and your routing number. Clearly, you wouldn’t just give out only a routing number as that’s not useful. It is only useful when in combination with an account number.

When you give someone a signed check, you implicitly give them your routing information.  That’s a danger when you write a check to a company.  The protection, of course, is that you’ve given them a physical paper check for a specific amount and you know exactly how much that check was.   So, when the check number arrives at the bank and drafts that amount of money from your account, it was expected.  They can’t draw more than the amount the check was written.

Routing numbers, on the other hand, are effectively blank checks.  When you give a company your routing number, you are handing them a signed blank check.  That’s because you’ve agreed to allow them blanket access to your checking account.  That company can then debit any amount of money from your account they see fit without so much as a thank you.   Because Paypal uses EFT (electronic fund transfers) in the form of ACH (automatic clearing house), they can debit your account up to the maximum amount of funds in your account.  This means, they can overdraw your account and completely drain your funds.  ACH/EFT offers no liabilities to the consumer whether accidental or intentional.  Because you gave that company explicit approval to debit your account at will, there are no liabilities for any inappropriate transactions.  That’s left between you and Paypal to resolve.  The bank will usually not become involved.  When banks do become involved, the best they can do is tell you when it happened. You can try to ask your bank for additional help, but they will most likely point you to Paypal for resolution.  The reason is simple, you agreed to give Paypal access to your account up front.

Worse, if the company that overdrafted your account chooses to not give you the money back, then you may be out of luck.  At that point, you better seek a lawyer, assuming you have any money left to pay them.

Paypal and Checking Accounts

Paypal does not need a checking account to verify you.  They just tell you they do because that’s the way they have always worked it.  This verification process can easily be done with a credit card charge that you input later to validate that you receive the bill for the card.  Paypal simply wants to have unfettered access to your checking account.  Frankly, it’s a huge liability for you.  It’s also a huge liability for Paypal to store this information.  One hacker in their system and they could have a field day with your money.

Credit Cards and Fraud

Paypal is well aware of the fraud issues with credit cards.  They are also well aware of chargebacks, merchant liabilities and fees associated with these processes.  To avoid them, they prefer unlimited access to your checking account that hold no such penalties or liabilities.  Because the consumer has no recourse over inadvertant transactions, Paypal has the upper hand.  This is why Paypal will not verify you with only a credit card.  Can they validate based on only a credit card, yes.  They simply choose not to.

Credit cards have long established liability rules that prevent fraud occuring from both rip-off artists and from merchants alike.  Unfortunately, there are no such rules for ACH.

Consumer Protection from Businesses

Whenever a company asks you to give them routing information from your checking account, tell them, “No!”.   Not only should you tell them “no”, you should explain exactly why.  Tell them that you don’t trust them with that level of access to your account.

Should you continue to do business with Paypal?  That’s entirely up to you.  But, I still do not have a verified account with Paypal because I simply will not give them the routing information from my checking or savings account.  I simply do not trust ANY company enough with that information.  Remember, Paypal is not a bank.  Thus, it does not fall under any banking rules, liabilities or any federal insurance.  In fact, who knows what insurance Paypal even carries?  So, whatever Paypal does, you’re at their mercy to do it right.  If they don’t, you have to fight with them to get your money back.  The bank won’t help you.

But, I need to give out my routing number…

Here’s another option.  It’s not optimal, but it works.  Simply, open a second checking account. By setting up a checking account specifically and solely to be used with Paypal and merchants, you can limit your financial liability.  You can then link another account to this new account for transferring in money only, but be sure NOT to link the new checking account to any overdraft protection on any other accounts.  So, if Paypal overdraws your account inadvertantly, they won’t get any more money than what you have specifically placed in there.  So, if you want to buy a $250 appliance, only transfer in $250 for just that appliance.

The problem with this technique is that banks sometime require minimums to open an account and minimums to keep it open.  So, you may have to leave $1000 (or some other arbitrary amount of money) to prevent accrual of monthly fees or account closure.  You’ll need to contact your bank for details.

While this does work, it’s not optimal by any stretch.   It requires you to be extra cautious with how you use that account.  You have to be diligent to place the money in there when you need it.  And, you need to remember that transfers of money into the account are not always instanteous.  So, you may have to transfer your money in the day before you intend to purchase to ensure the money is there to cover the transaction.

What if I’m a Merchant?

For merchants who want to get paid for products they sell, I understand the issue here with ACH/EFT.  Again, in this instance, I would set up a separate checking or savings account solely for Paypal use.  Only give this account to Paypal so that when you receive payments, you can transfer them out of that account and to your ‘regular’ account immediately.  This way, if Paypal decides to debit you for any reason, the money won’t be there.

Overdrawn Accounts

If Paypal overdraws your account for any reason, don’t expect them to pay you back for insufficient fund fees.  You will have to deal with these fees on top of the inappropriate debiting from Paypal.  You will then have to argue with Paypal to get your money back and your bank fees reimbursed.  But, good luck with both of those processes.

Spending Limits

If you choose not to give your routing information to Paypal, Paypal arbitrarily limits how much money you can send to an individual when you buy merchandise.   For this silly reason alone, this is enough to tell Paypal to take a hike.  There are plenty of ways to buy merchandise from merchants on the Internet.  In fact, when a merchant is reputable enough, they will set up their own merchant account with a bank and let you pay the merchant directly.  You should also feel comforted knowing that when you send a payment to a merchant, not through Paypal, you have the full card protections behind your transaction.  When you purchase through Paypal, your Paypal account agreement may prevent you from using some of your card’s built-in protections… such as a chargeback.

Credit Cards

For all of these reasons above combined with card liability limits, fraud protection and other protections that come built-in with the Visa, Mastercard and Amex logos, credit cards protect a whole lot more than ACH/EFT.  Cards limit your exposure to ID theft and they also limit your liability if someone steals your card and then, for example, buys a new car with it.

For payments, Paypal could choose to issue checks instead of requiring ACH/EFT.   But, they have never wanted to go this route for payments.  Instead, Paypal forces you to verify your Paypal account by giving them a routing number from your checking account.  As I have said, this is not necessary and is a huge liability.

If you want to protect your money in your bank account from unauthorized transactions, you should not give Paypal (or any company) access to your checking account via routing numbers.  Instead you should insist on the protections that credit cards offer.  Credit cards are more than sufficient for anything that Paypal would need (at least for paying for merchandise).  For merchants, you will need to determine what works best for you.

[UPDATE: 6/27/2012]

Paypal now has a new wrinkle in its verification process.  When attempting to verify a checking account and your bank has a web portal (i.e., Wells Fargo), they will ask for the login and password to your bank’s web portal to do an ‘immediate’ verification. Don’t do it! Don’t give it to them. Paypal says they won’t store the credentials, but with all of the stolen information from various sites, do not trust ANY site with your bank’s web portal login and password. This should really be common sense, but maybe it isn’t. With that said, if you must verify a bank account with Paypal, do it the old fashioned method by letting Paypal make two small sized deposits.  First, it makes Paypal give you about 25 cents. Second, you’re not giving out your bank’s web portal password to some random third party.

As much as I rant above about giving out routing numbers and blank checks, it’s far worse to give out your bank’s web portal login and password information. Do not do either if you can help it. However, if you can manage to set up a separate one-sided transfer system into a free savings or checking account for Paypal payments and transfers, then by all means set that up.  Do not give Paypal access to your primary checking account with full access your bank account. Also, make sure that you have disabled overdraft protections on any accounts you give Paypal so that if they reach in and grab money out, when the account hits $0 it doesn’t go any further.  You don’t want to be mopping up a mess of bad debits and at the same time having to pay interest payments on those bad debits.  Paypal is not a bank and they’re not likely to reimburse you for any bad transactions leading to overdraft fees or interest accrued. So, avoid the issue and prevent Paypal from doing this damage in the first place.

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