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Photographer sues New York Times over age discrimination and ‘full-time freelancer’ status

21 Oct
Photo by Haxorjoe

The New York Times and its photography director Michele McNally have been hit with a lawsuit by former Times’ photographer Robert Stolarik. The lawsuit claims that Stolarik, age 48, was discriminated against due to his age, and was also misclassified as a ‘full-time freelancer’ for nearly a decade.

According to the complaint—which was filed on July 6th in New York and covered at that time by Bloomberg BNA—Stolarik began working for the Times as a photographer in Colombia in 2000, followed by additional work in Venezuela until 2002. Stolarik then resumed working for the Times in 2004, the legal document explains, ultimately resulting in nearly a decade of full-time work.

However, despite working full-time, the lawsuit claims that Stolarik was paid under a 1099-MISC form as a freelancer—a classification that deprived Stolarik of the benefits that would have come with full-time employment, including health insurance.

The complaint alleges that editors managed Stolarik in the same manner as employees, including giving specific start times for his assignments which regularly comprised 8-hour shifts. Stolarik claims that he was denied overtime pay for extended shifts and that he was not compensated for the time he was required to spend editing photos outside of his assignment hours.

The allegations continue from there, claiming that Stolarik ‘regularly sought’ a staff photographer position with the NYT, making his desires known both in writing and orally. Age discrimination allegedly prevented him from getting a full-time role with the company, though. The complaint states that “Stolarik was told on numerous occasions by various editors that he was too old” to get the staff position he sought.

One Times editor is accused of having asked Stolarik if he was under 30 years old, abandoning an effort to get him a staff position after learning that he was, at the time, 37. Another editor reportedly told Stolarik that he should be ‘concerned about’ his age in regards to his desire for a staff position, telling him on multiple occasions that he was too old to be an employee.

During his years spent freelancing for the Times, the lawsuit states that Stolarik’s requests for a staff role were ignored in favor of hiring photographers who were under the age of 30. The lawsuit also claims that the Times regularly gave assignments to its freelancers under the age of 30 versus its freelancers over the age of 30.

Furthermore, the lawsuit claims that the Times denied Stolarik assignments due to a wrongful arrest he suffered in the Bronx while on assignment for the company. Per the complaint, an NYPD officer had ordered Stolarik to stop taking photographs. The altercation resulted in Stolarik’s ‘violent arrest,’ which snowballed into the Times’ alleged decision to decrease the photographer’s assignments with the company.

Finally, the lawsuit also states that Stolarik’s lawyer sent a letter to the Times’ general counsel claiming that he had been discriminated against due to the arrest he suffered while on assignment, as well as his age. This complaint allegedly resulted in McNally ordering Times editors to stop giving Stolarik assignments altogether.

Among other things, the lawsuit seeks back pay, unpaid wages, overtime pay, and unpaid benefits in actual damages totaling at least $ 500,000, as well as compensatory damages, interest, costs and disbursements.

As Ramin Talaie points out on Medium, this lawsuit serves to highlight growing issues with the so-called ‘gig economy,’ which classifies workers as independent contractors despite work arrangements that may mirror that of employees. The classification gives companies a way to save money, but saddles the worker with self-employment tax while eliminating the protections and benefits that come from employee classification.

The full complaint can be read here.

Articles: Digital Photography Review (dpreview.com)

 
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10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

29 Sep

Every decision you’ve ever made, each image you’ve ever shot, and each chance you’ve taken, has brought you to where you are now as a photographer. Think about that for a second. Regardless of what your goals might be or where you want to go with your photography, it all comes down to a series of moves. So really, all of your success and all of your failures are a beautiful mix of causes and effects. One action yielding one outcome big or small. For most of us, our love for all things photography points to one end and that ever-burning question of “How can I be a full-time photographer?”

If you’ve ever wanted to know what it takes to quit your job and become a professional photographer or how it feels to turn your love of photography into sustainable income, then this is your lucky day. I’m about to share with you some lessons I’ve learned during my three-year journey to become “one of those people”; someone who managed to turn their passion for photography into a full-time job and kiss the rat race goodbye. A few of these lessons are ones you might expect and a few might not be so obvious. So, sit back and get ready to hear some real-world advice from someone who actually made their dream happen, and how you can follow if you choose.

#1 – You have to want it more than anything

It’s easy to say you want something. But have you ever truly desired to make something happen? I’m talking about the kind of want that consumes your very being. Well, maybe not that dramatic but it’s not far off. If you are going to “make it” at anything then you will have to want it more than anything else.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

The happy upside to finding something that you so completely want is that the challenges you face don’t seem to matter as much as they might otherwise. And yes, there will be oh so many challenges. Which leads us to lesson #2.

#2 – You will have to sacrifice

Don’t get me wrong. The following words aren’t meant to be a deterrent but at the same time, they are quite true. To ultimately reach your goals there will have to be sacrifices made along the way. The nature and exactness of these sacrifices will vary greatly but there will always be things that you will have to give up in order to make your dream a reality.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

These sacrifices could be anything from giving up sleep and experiencing physical discomfort or missing time out with friends. Photography is a medium that literally requires you to be present for every shot. This means that to truly be there in the moment you won’t always be able to someplace else. It strains relationships and can take a toll on your body, your finances, and even your mind. But much like lesson #1, the sacrifices won’t seem so terrible if they are viewed as a necessary means to make something you truly want happen.

#3 – Understand the “calculated risks”

Taking calculated risks is sometimes misunderstood by some people who are looking to take a leap with their photo work. Let’s break down the very phrase “calculated risk”.

First, we have the word “calculated” which means something that is done with full awareness of the possible consequences. Then we have “risk” which refers to exposing something we value to danger, harm, or loss. So, when we say that we are going to take a calculated risk, it means that we are about to put something on the line knowing full well that the outcome might not be favorable. This is where I feel the point becomes lost with some photographers.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

To reach your goals you’ll certainly have to take some risks. While that’s true, I’ve learned that it’s the manner in which you take those risks that makes all the difference. When it comes to taking calculated risks, never risk anything that will ultimately prevent you from reaching your next goal.

I’ll admit though, this advice can be somewhat paradoxical. Meaning that in the end, you will have to take the ultimate calculated risk. That is going all in and attempting to make your living exclusively from your dealings in photography. Until that time comes, make sure your risks are of the non-terminal variety.

#4 – You will have to teach yourself patience

This is a hard one. You will have to be patient. Stay ambitiously patient, but be patient nonetheless. If you’re not a patient person then you’ll probably have to teach yourself to be one. And if you come to the conclusion that you can’t teach yourself to be patient then you’ll just have to fake it. I can tell you that there is no set timetable when it comes to reaching a sustainable goal.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

Being patient doesn’t mean that you should sit back and wait for things to happen. Instead, make every minute of every day count towards achieving the thing you want the most. But understand that there’s no guarantee when that goal will be reached. Just know that you will reach it if you are patient (and persistent) and don’t stop.

#5 – Confidence comes after the fact

This is something that I struggle to remind myself on a daily basis. Confidence is just as important as skill in some cases. Having the gall to try something new, to attempt difficult things, that’s what it takes to make big things happen with your photography.

Some people are born confident (or at least so it seems). But for others, confidence is a learned talent. What’s the downside to becoming confident in your work? Confidence only comes after you do the thing you’re afraid to do.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

Yeah, that’s a hard idea to swallow but it’s true. To become confident you will have to constantly step outside your comfort zone to varying degrees. This could mean being proactive with clients, taking on jobs that are just slightly outside your assumed skill set, and at times even talking your way into (and out of) a few situations.

#6 – Disregard secret formulas for success

The internet is chock-full of every kind of self-improvement website and video imaginable that all aim at making you better at photography. That’s 100% okay and none of us would know much of anything about making photographs if it weren’t for people who publish good educational information. After all, you’re reading this article on one of the best photo education sites online. But that doesn’t mean that everything that glitters is gold.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

A big red warning flag should go up whenever you hear or read something that tells you to, “Do this and you’ll be a great photographer” or worse yet, the dreaded, “I’m a master photographer so listen to me” line. Understand that your journey to finding success is completely unique to you. My goals and choices are likely totally different than those you will choose. At the same time, some lessons are universal. Just remember that there is no secret formula, only tested advice.

#7 – Grab opportunity by the throat

I love a good metaphor and grabbing opportunity by the throat is one of the best ones I can think of to describe what I learned about approaching opportunity. Learning to recognize opportunities for advancing yourself and your work is only a small part of the puzzle. You have to also aggressively seize those opportunities when they come along.

For me, there were three or four big opportunities that eventually put me where I am today. Narrowing it down even further, one of those opportunities hinged on a single email that I sent to someone. If I hadn’t sent that one message, things might have turned out much differently.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

Don’t just say, “I think this is a great opportunity but…” There are no buts when it comes to this sort of action. Unfortunately, you have to decide that for yourself whether not an opportunity is worthwhile. But if you do decide to go for it, do so with everything you’ve got. You never know where it might lead. Which brings us to #8.

#8 – Your destination will change

This is somewhat of a strange lesson which I’ve only come to grasp in the last year or so. The end all be all dream I had when I started making photographs was to take pictures of beautiful things, sell them, and repeat. I thought I would do this enough to make a living.

Well, the hard truth about photography is that it’s nearly impossible to make a living exclusively from selling prints. It’s not impossible, but even the established greats in the photography history books didn’t merely sell prints to support themselves. The ones who did often were only able to do so AFTER they became giants in the art.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

Don’t be afraid to allow yourself to evolve in a natural direction. Currently, I write for four to five publications, have authored two books on photography, host my own YouTube channel, and dabble in all manner or photo-related adventures. I still love making photos and do so whenever I can, but do I sell a lot of those prints? Not really.

Would I ever have imagined myself as a writer? Absolutely not! But when the opportunity came along I took it, and it’s all been one amazing ride to where I am now. The takeaway here is to be flexible with your attitude and accept that you always understand that a glorious outcome is out there, but it may not be the one you originally set out to achieve.

#9 – Think big but have realistic expectations

Set huge goals for yourself. Dream big. Think big. Never let anyone tell you that something is impossible for this or that reason. While you should never set strict limitations for yourself and your dreams it’s also important to live in reality. This is a reality, isn’t it? The point is to never expect great things to happen quickly or without a lot of work (remember #2 and #4 above) supplied on your part.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

The most saddening thing that can happen to those who have unreal expectations is that they quit. They stop chasing after what they love and resign themselves to an existence they don’t really want. If you want to go full-time in the photography world always remember that success finds us at different times and with different outcomes. Think as big as you need to but keep your feet firmly on the ground.

#10 – It’s all worth it in the end

As we close out our list, #10 is the lesson that I want you to understand with the most clarity. Of all the lessons I’ve learned on my journey to independence with photography, there is one that had to wait for until the end and it’s this – it’s all worth it. All of it. All your hard work, all your sacrifice, everything that you poured into making your dream of being a working full-time photographer will ultimately lead to one of the greatest feelings imaginable.

10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer

Honestly, any description I can give of how amazing it feels to make photography (or photo related) your full-time job will ultimately fall miserably short of its mark. So, if you’re struggling with whatever you happen to be doing with photography let this final lesson fortify you enough to keep going. Believe me, it will all be worth it.

Some Final Thoughts

These lessons are just a small portion of a nearly indecipherable culmination of trial and error, ups and downs, peaks and valleys. Your particular path will be different than mine, as it should be. I managed to leave a successful, albeit unfitting, career in healthcare to go on to make a living doing what I really love. The best part? I’m no different than you.

I’m ecstatic to tell you some of the lessons I’ve learned so that you might understand that you can do the same thing I did. It may not happen quickly and it might not be exactly what you originally planned, but when it finally happens…and it will happen, it will be better than anything you can imagine.

The post 10 Lessons from a Guy Who Quit His Job to be a Full-Time Photographer by Adam Welch appeared first on Digital Photography School.


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U.S. Supreme Court seeks permanent full-time photographer

21 Mar
Photo by Joe Ravi, used under CC-BY-SA 3.0 license

The United States Supreme Court is hiring a new full-time, permanent photographer who will be tasked with documenting a variety of things related to the Supreme Court, including employees, buildings and artwork the Court has in its collection. This individual will also be tasked with ‘managing public access’ to the Court’s Photographs Collection, per the job listing.

The job listing was posted on March 13, and it will be live until March 27 at 11:59PM EST. The chosen photographer will be located in Washington D.C. and will work with the Court’s Curator’s Office performing the above duties, as well as photographing various events. Those interested in the position must be a U.S. citizen, pass a security background check, and must meet the minimum qualifications.

According to the job listing, a qualified applicant will possess both 3-5 years of ‘progressively responsible [photography] experience’ as well as a Bachelor’s degree. In lieu of that experience, the applicant needs ‘any directly related experience that has demonstrated a thorough understanding of the principles, practices and techniques of photography, image processing and image management.’ The college degree requirement can be waived if the applicant has ‘at least four years of additional experience.’

As well, the job listing says the applicant must know how to operate Nikon and Hasselblad gear, including accessories, artificial lighting, and video cameras. The applicant also needs digital image processing skills, Digital Asset Management software experience, proficiency with Microsoft Word/Access/Excel and Adobe Creative Suite, and more.

Interested photographers can apply via the USA Jobs link below. Applications require a cover letter and resume, form OF-306, the completion of an online questionnaire, and a portfolio link with three examples of multiple types of photos, including special event photographs, individual portraits, and more.

Via: USAJobs.gov

Articles: Digital Photography Review (dpreview.com)

 
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Meet two nomadic photographers who travel full-time

10 Jan

Plenty of photographers have the words ‘travel more’ at the top of their list of New Year’s resolutions. In fact, when we asked our readers what their photo-related resolutions were, more than a quarter responded that travel was a priority. 

So Elia and Naomi Locardi’s desire to travel as much as possible is a familiar one for a lot of photographers, but they’ve taken an unusual approach: they sold most of their possessions and live on the road as full-time travelers. You can learn more about their ‘location independent’ lifestyle in the SmugMug Films feature above. See a sample of the Locardis’ photography below.

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What do you think – would you be able to embrace a permanent-address-free lifestyle? Let us know in the comments.

Articles: Digital Photography Review (dpreview.com)

 
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GoPro ‘restructuring’ effort will layoff 200 full-time employees

01 Dec

GoPro has announced plans to restructure the company, saying it will layoff 200 full-time workers, close its entertainment division, reduce its facilities, and cancel open positions. By doing these things, GoPro will reduce its workforce by 15% and will, it anticipates, reduce its non-GAAP operating expenses next year.

GoPro announced the news today as part of its quarterly earnings report. According to the company, GoPro camera sales in the U.S. were up more than 35% this past Black Friday in comparison to the same time period last year. However, its turbulent financial state over the past year has spurred the company to make some big changes.

In addition to shedding 15% of its workforce, GoPro President Tony Bates will step down from his position at the end of 2016. GoPro didn’t provide a reason for his departure. Assuming all goes as planned, GoPro expects to reach non-GAAP profitability next year, with its full 2017 non-GAAP operating expenses dropping to about $ 650 million.

Press release

Solid Holiday Demand In The U.S. For GoPro HERO5

Nov 30, 2016

Week of Black Friday Camera Unit Sales Up 35% YoY in U.S.
Company Restructuring to Reduce Operating Expenses and Improve Efficiency

SAN MATEO, Calif., Nov. 30, 2016 /PRNewswire/ — GoPro Inc. (NASDAQ: GPRO) today announced solid holiday quarter sell-thru in the U.S. for its new HERO5 cameras.

Based on internal data, GoPro’s week of Black Friday camera unit sales were up more than 35% year-over-year at leading U.S. retailers. Thanksgiving through Cyber Monday sales of camera units at GoPro.com were up approximately 33% year-over-year. According to the NPD Group, since the launch on October 2, HERO5 Black has been the best-selling Digital Imaging device in the United States.

HERO5 cameras are available at major US retailers including Amazon, Best Buy, Target and Walmart.

“We have a lot of work to do to finish the quarter and our fiscal year, however our HERO5 cameras have been very well-received by critics and consumers alike,” said Nicholas Woodman, Founder & CEO of GoPro. “Both HERO5 cameras can now auto-offload new content to the cloud and our Quik mobile app makes accessing and editing your footage fun. Its clear consumers are excited about these new features.”

GoPro also announced a company-wide restructuring that will reduce full-year 2017 non-GAAP operating expenses to approximately $ 650 million (GAAP: $ 735 million) and achieve its goal of returning to non-GAAP profitability in 2017. The restructuring includes the closure of its entertainment division, facilities reductions, and the elimination of more than 200 full-time positions plus the cancelation of open positions for a reduction in force of approximately 15 percent.

Additionally, Tony Bates will depart his position as president of the Company at the end of the year. “My time at GoPro has been an incredible experience,” said Tony Bates. “In the past three years, GoPro has seen enormous progress in camera technology, software and international growth. Today GoPro has a solid leadership team deeply focused on its core business and profitability.”

GoPro estimates that it will incur total aggregate charges of approximately $ 24 million to $ 33 million for the restructuring, including approximately $ 13 million to $ 18 million of cash expenditures as a result of the workforce restructuring, substantially all of which are severance costs, and approximately $ 11 million to $ 15 million of non-cash expenditures, consisting primarily of stock-based compensation expense and accelerated depreciation associated with office consolidations. The company expects to recognize most of the restructuring charges in Q4 2016.

“Consumer demand for GoPro is solid and we’ve sharply narrowed our focus to concentrate on our core business,” said Nicholas Woodman. “We are headed into 2017 with a powerful global brand, our best ever products, and a clear roadmap for restored growth and profitability in 2017.”

Articles: Digital Photography Review (dpreview.com)

 
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