News & InfoEP StoreAcademySupportCommunityProducts by Country
Legal & Compliance Home

Labor Relations and Legal Update - Summer 2022

This Labor Relations and Legal Update highlights some salient changes that either recently took effect or will take effect shortly.
July 18, 2022
Labor Relations and Legal Newsletter

Labor Relations and Legal Update - Summer 2022

This Labor Relations and Legal Update highlights some salient changes that either recently took effect or will take effect shortly. The material recapped in this newsletter is general information we are providing as a courtesy on subjects that may be of interest to you. We encourage you to consult with your legal advisors about the applicability of these changes and updates to your organization’s specific circumstances, and how best to handle them.

LEGAL UPDATES: PRIOR LEGAL ALERTS

It is important to Entertainment Partners (EP) that we keep our clients up-to-date with the latest information as it becomes available, highlighting major enacted legislation, “best practice” guidance, and current industry practices. Please see prior EP alerts we have released since our last newsletter for more information.

LEGAL UPDATES: CALIFORNIA

Non-Union Meal Break Penalties Trigger Other Derivative Penalties if Handled Incorrectly

Entertainment industry employees not given a break within six hours of work are entitled to a penalty of one hour’s pay at their pay rate (see CA Wage Order 12). Because the law contains an exclusion for union employees working under a collective bargaining agreement that provides for meal periods and a corresponding penalty if violated, the statutory one-hour penalty is only applicable to non-union production workers. Because these meal penalties are a type of premium wage, the California Supreme Court recently ruled in Naranjo v. Spectrum Security Services, Inc. that failure to pay them properly can trigger late pay wage penalties and wage statement penalties like any other wages that are paid late or incorrectly. This ruling reinforces the importance of ensuring correct payment of meal penalties to avoid potential derivative penalties, so production companies should be vigilant in this arena.

Effective October 1, 2022, San Francisco Strikes Again with More Paid Leave

In the June 7, 2022 statewide elections in California, San Francisco voters successfully passed a ballot measure called Proposition G, which obligates employers to provide public health emergency paid leave for employees working in the City or County of San Francisco effective October 1, 2022. A “public health emergency” is defined as “a local or statewide health emergency related to any contagious, infectious, or communicable disease, declared by the City’s local health officer or the state health officer pursuant to the California Health and Safety Code, or an Air Quality Emergency.” An “air quality emergency” is defined as “a day when the Bay Area Air Quality Management District issues a Spare the Air Alert.” The law applies to employers that have 100 or more employees worldwide, with at least one employee working inside the City or County. The law is waivable in a collective bargaining agreement that expressly waives the law’s requirements in clear and unambiguous terms. Monetary penalty for non-compliance starts at $500, and increases depending on the situation, and can also include reinstatement and backpay, as applicable. For more information about the leave specifications and what constitutes a qualifying event, please click here.

Far-Reaching West Hollywood Paid Sick Leave Law Enacted

Beginning July 1, 2022, the City of West Hollywood implemented a paid leave requirement that is perhaps one of most far reaching in the country. By now, employers are accustomed to paid sick leave laws in many jurisdictions, and a small number of jurisdictions even have general paid leave laws that are akin to vacation leave. West Hollywood’s version stands out because it requires the payout of unused paid leave at the end of employment and requires unpaid leave to accrue. The law applies to employees physically working inside the city limits of West Hollywood for two or more hours per week and may be waived by a collective bargaining agreement if the waiver is explicitly set forth in such agreement in clear and unambiguous terms. Monetary penalty for non-compliance may be up to $100 per person per day of violation. A poster (available here) supplied by the City containing minimum wage and paid/unpaid leave information must be posted at each worksite within the City’s boundaries. The City’s law can be viewed here and it was amended more recently here. The City’s regulations, which provide additional guidance on the law can be viewed here; however, those regulations do not account for the new amendment yet.

LEGAL UPDATES: NEW YORK

New York City and State Pay Transparency Laws

On April 28, 2022, the New York City Council passed an updated version of the New York City Pay Transparency Law, Int. 134-A. While previously requiring compliance by May 15, 2022, this updated law now requires that by November 1, 2022, employers of four or more employees must include a salary or hourly range in each advertised position, promotion, or job transfer opportunity that can or will be performed, in whole or in part, in New York City, whether from an office or remotely from the employee’s home. The posted minimum and maximum salary range must be based on what “the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.” Covered employers in violation of the law may be liable for monetary damages and may be required to engage in other forms of affirmative relief. Further information on implementation of this new law can be found here.

Following New York City’s lead, on June 3, 2022, the New York State Legislature passed SB 9427, which, if signed into law by Governor Hochul, would require New York employers to include a salary range and description of each position being advertised effective 270 days after the bill is signed into law. Like the NYC law, the State law provides that an employer (1) cannot advertise a job, promotion, or transfer opportunity without disclosing the compensation or range of compensation for the position, and (2) defines a range of compensation as “the minimum and maximum annual salary or hourly range of compensation for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the posting of an advertisement for such opportunity.” Unlike the NYC law, however, the State law (1) allows employers to include a fixed level of compensation instead of a minimum/maximum pay range, and (2) requires that job postings include a description of the position. While no private right of action is expressly created by the State bill, violations would be subject to civil penalties ranging from $1,000 to $3,000 per violation, depending on whether it is the first, second, or subsequent violation. The full text of SB 9427 can be found here.

LEGAL UPDATES: FEDERAL

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

On March 3, 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”) into law. The Act amends the Federal Arbitration Act (FAA) to allow employees who signed arbitration agreements with their employer to file sexual assault and/or sexual harassment cases against the employer in court, thereby allowing the employee to invalidate agreements to arbitrate sexual assault and/or sexual harassment cases. The Act also eliminates class and collective action waivers for sexual assault and sexual harassment cases. The Act does not affect otherwise valid agreements to arbitrate claims that are not related to sexual assault and/or sexual harassment. This new federal law applies to all covered claims arising or accruing after March 3, 2022.

Employers Score a Big Victory That PAGA Claims Are Arbitrable (For Now)

Ten years ago, the U.S. Supreme Court held that state laws restricting claimants from agreeing to arbitrate claims individually and waive arbitration on a class basis were preempted by the Federal Arbitration Act (FAA). Several years later, the California Supreme Court decided that CA Private Attorney General Act (PAGA) representative actions are fundamentally different from class actions and fall outside the reach of the U.S. Supreme Court’s decision. In a PAGA action, a claimant pursues penalties for CA Labor Code violations as an agent of the State and splits any recovery 75% to the State and 25% to claimant and other aggrieved employees. The U.S. Supreme Court’s June 2022 decision in Viking River Cruises v. Moriana closed this significant loophole for the time being and held that the claimant’s arbitration agreement covering PAGA claims is enforceable to compel the claimant to arbitrate their individual PAGA claim. Notwithstanding this decision, we anticipate the California Legislature may attempt to circumvent the Viking River Cruises decision by amending PAGA to allow representative action in court notwithstanding an arbitration agreement covering the claimant’s individual PAGA violation.

LEGAL UPDATES: MULTI-STATE

Connecticut New Hire and Annual Paid Family Medical Leave Rights Notice Requirement Takes Effect July 1, 2022

Connecticut is among a number of states enacting paid family medical leave protection for covered employees to take protected time off with the employer for specific categories of medical or family care qualifying events and receive limited wage replacement benefits from the government. Starting July 1, 2022, employers will be required to provide a notice of the law’s basic rights to new hires as well as annually in the case of those existing ongoing employees. However, since it is typical in the entertainment industry to lay off the production workforce and rehire those they want to return for the start of the next season in television production or commencement of a studio’s next movie, so the annual requirement will have less relevance. A sample of the State’s form notice is available here.

Illinois Pay Equality Certification Requirement on Employers

In 2021, Illinois passed a law which requires private businesses with 100 or more employees in the State of Illinois to submit an application to obtain an Equal Pay Registration Certificate by providing certain pay, demographic, and other data to the Illinois Department of Labor (IDOL), and to recertify every two years after the first submission. Starting March 24, 2022, businesses can apply online for the Certificate and must do so by the deadline of March 23, 2024. The law requires such employers to submit with their application: (1) the employer's most recently filed Annual Employer Information Report EEO-1 that was filed with the federal Equal Employment Opportunity Commission (EEOC); and (2) a statement certifying that they are in compliance with the Illinois Equal Pay Act of 2003 and other State and federal laws related to equal pay. The IDOL can use the wage data submitted by the company to investigate whether a company is violating state law by its pay practices that may, in the IDOL’s view, be discriminating based on gender and/or ethnicity. Failure to obtain the Certificate can result in a fine of up to $10,000 per violation for businesses with more than 100 employees.

The production company employer would be responsible for complying with the state’s requirements. The state’s FAQs on the law and its requirements are available here.

Illinois 7th Day Rest and Meal Break Laws Strengthened Starting January 1, 2023

Illinois already has its own wage-hour laws, but certain aspects will grow more restrictive for employers beginning January 1, 2023. First, instead of one day’s rest in a week, which could be staggered where the span between breaks could exceed seven days (example, day off Sunday, 12-day shift from Monday through next Friday with day off Saturday), now there must be one day’s rest for every consecutive seven-day period. Second, meal breaks currently only have to be available every 7.5 hours. But, starting in January the second and subsequent meal breaks must be available every 4.5 hours. Third, a posting requirement of these and other basic Illinois wage-hour minimums takes effect in January as well, and penalties to the State apply for failure to post. Finally, and most importantly, employees will have a separate right to seek penalties for 7th day rest and meal break violations.

New Mexico Paid Sick Leave

On July 1, 2022, New Mexico became one of many places in the United States that requires paid sick leave. This sick leave cannot be waived by a collective bargaining agreement. One hour of paid sick leave accrues for every 30 hours worked. A maximum of 64 sick leave hours can be accrued and used per year, but employers can opt for a higher limit. The sick leave can be used as soon as it is accrued without any waiting period. Unused sick leave carries over from year to year, but employers need not provide more than 64 hours per year. Pay out of unused sick leave is not required upon the end of employment, but if rehired within 12 months, then previously accrued but unused sick leave is reinstated. The sick leave can be used for the employee’s own medical needs as well as those of a family member, as well as for certain safety-related issues, including seeking help for domestic abuse, sexual assault, and stalking. Documentation supporting the use of the sick leave cannot be required unless the employee uses two or more consecutive days of sick leave, but the employer cannot delay payment until documentation is received. A notice of the employee’s rights under the law must be provided at the time of hire, and it must also be posted at the workplace. The notice must be in English, Spanish, or any language that is the first language spoken by at least 10% of the employer’s workforce. The state has created templates of the notice in English and Spanish, and the state will in the future create the notice for any other language the state deems appropriate. Monetary penalty for each violation starts at $250 and increases depending on the nature of the violation. The state’s webpage containing the notice templates, FAQs, and rules are available here.

Minimum Wage Updates

Click here to see the Minimum Wage Chart.

LABOR RELATIONS KEY UPDATES

IATSE Basic Agreement

Wages

Contract wage rates increase by 3% effective July 31, 2022.

Please note the following Local 871 increases:

  • The minimum contract wage rates of the Local #871 Amendment Agreement for all Assistant Production Office Coordinators employed on a television motion picture and all Art Department Coordinators employed on a television motion picture shall be increased to $24.50 per hour effective July 31, 2022.
  • The minimum contract wage rates for Writers' Room Assistants and Script Coordinators employed under the Local #871 (Script Coordinators and Writers' Room Assistants) Agreement shall be increased to $24.50 per hour effective July 31, 2022.

Health Contributions

Effective July 31, 2022, there will be an additional increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor,” and an additional increase of $1.20 per hour for a Producer who does not qualify as a “$15 Million Contributor.”

Note that Employers signatory to the Basic Agreement that identify as a “shop” or “facility” shall make contributions to the Plans at the same rate as Rate Group 48, which shall remain at least $2.00 above the Basic Rate in Article XII(b)(1) of the Basic Agreement.

Increase Benefits for On-Call Employees

Changes to pension and health hourly contributions are as follows:

  • Partial week - thirteen (13) hours per day effective July 31, 2022
  • Five-day week - sixty- five (65) hours per week effective July 31, 2022
  • Six-day week - seventy-seven (77) hours per week effective July 31, 2022
  • Seven-day week - eighty-nine (89) hours per week effective July 31, 2022

IATSE Area Standards Agreement

Wages

Contract wage rates increase by 3% effective July 31, 2022.

Please note the following increases:

  • Modify the “Maryland” and “Non-Maryland” hourly wage rate tables in Appendix A and the Washington D.C. rates in Article 3(A)(3) to provide the following minimum hourly wage rates for Art Department Coordinators and Assistant Production Office Coordinators under the “Television” column:
  • $24.50 per hour effective July 31, 2022.

Fringe Benefit Contributions

Effective July 31, 2022, an additional increase of $6.00 per day.

Mileage

Mileage Allowance

  • Employees employed on a production that commences principal photography on or after July 31, 2022 shall be paid a mileage allowance calculated at the then-current IRS rate. Alternatively, the Employer may make other arrangements with the employee for payment as allowed under applicable law (e.g., car allowance).

Local and Nearby Hires

  • Employees employed on a production that commences principal photography on or after July 31. 2022 shall be paid a mileage allowance calculated at the then current IRS rate. Alternatively, the Employer mav make other arrangements with the employee for payment as allowed under applicable law (e.g., car allowance). If transportation is offered by the Employer, no mileage reimbursement of any kind is required.

Weekly Living Allowance

Effective July 31, 2022, Nearby Hires receive a weekly living allowance of at least $602 per week or $86 per prorated day.

IATSE Videotape Agreement

Wages

Contract wage rates increase 3% increase effective October 2, 2022.

Health Contributions

Effective October 2, 2022, an additional increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor,” and an additional increase of $1.20 per hour for a Producer who does not qualify as a “$15 Million Contributor.”

Local 399 Drivers, Chef Assistants and Chef Assistant-Drivers Agreement

Wages

Contract wage rates increase by 3% effective July 31, 2022.

Please note the following Local 399 increases:

  • Chef Assistant-Drivers employed on long-form productions made for television, or productions made for DVD: $27.50 per hour effective July 31, 2022
  • Chef Assistant-Drivers employed on one-hour and one-half hour television pilots, and the first season of a one-hour television series or new media productions that are subject to Sideletter No. 5 or Sideletter No. 6 of the Black Book: $28.84 per hour effective July 31, 2022.
  • Chef Assistant-Drivers employed on productions other than those described above: $29.50 per hour effective July 31, 2022.
  • Chef Assistants: $24.50 per hour effective July 31, 2022

Health Contributions

Effective July 31, 2022, there will be an additional increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor,” and an additional increase of $1.20 per hour for a Producer who does not qualify as a “$15 Million Contributor.”

Note that Employers signatory that identify as a “shop” or “facility” shall make contributions to the Plans at the same rate as Rate Group 48, which shall remain at least $2.00 above the Basic Rate in Article XII(b)(1) of the Agreement.

IAP Benefits

Chef assistants and chef assistant drivers: two percent (2%) of the scale Regular Basic Hourly Rate of pay for all hours worked by or guaranteed to the employee during the period July 31, 2022 to and including July 29, 2023.

DOT Administrators: five percent (5%) of the scale Regular Basic Hourly Rate of pay for all hours worked by or guaranteed to the employee during the period July 31, 2022 to and including July 29, 2023.

Increase Benefits for On-Call Employees

Changes to pension and health hourly contributions are as follows:

  • Partial week - thirteen (13) hours per day effective July 31, 2022
  • Five-day week - sixty- five (65) hours per week effective July 31, 2022
  • Six-day week - seventy-seven (77) hours per week effective July 31, 2022
  • Seven-day week - eighty-nine (89) hours per week effective July 31, 2022

Local 399 Location Managers Agreement

Wages

Contract wage rates increase by 3% effective July 31, 2022.

Assistant Location Managers: $1,715/week effective July 31, 2022

Health Contributions

Effective July 31, 2022, there will be an additional increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor,” and an additional increase of $1.20 per hour for a Producer who does not qualify as a “$15 Million Contributor.”

Note that Employers signatory that identify as a “shop” or “facility” shall make contributions to the Plans at the same rate as Rate Group 48, which shall remain at least $2.00 above the Basic Rate in Article XII(b)(1) of the Agreement.

Increase Benefits for On-Call Employees

Changes to pension and health hourly contributions are as follows:

  • Partial week - thirteen (13) hours per day effective July 31, 2022
  • Five-day week - sixty- five (65) hours per week effective July 31, 2022
  • Six-day week - seventy-seven (77) hours per week effective July 31, 2022
  • Seven-day week - eighty-nine (89) hours per week effective July 31, 2022

Local 399/817 Casting Directors

Wages

Associate Casting Directors employed on television motion pictures or SVOD Programs (other than SVOD Programs to which theatrical terms and conditions apply) shall be compensated at no less than the minimum wage rate of $24.50 effective October 2, 2022.

Health Contributions

Effective October 2, 2022, there will be an additional increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor,” and an additional increase of $1.20 per hour for a Producer who does not qualify as a “$15 Million Contributor.”

IAP Benefits

Increase to five percent (5%) of the “weekly base rate” noted below effective October 2, 2022, for each full workweek of employment for each Associate Casting Director employed on a theatrical motion picture (or an SVOD Program to which theatrical terms and conditions apply) and five percent (5%) of the "weekly base rate," as defined in the Agreement, for each full workweek of employment for each Casting Director employed by the Employer under this Agreement.

The "weekly base rate," for purposes of calculating the percentage contribution to the Individual Account Plan (irrespective of whether the Casting Director or Associate Casting Director is paid more or less than this amount) shall increase as follows:

  • For Casting Directors employed on a theatrical motion picture (or on an SVOD Program to which theatrical terms and conditions apply): $3,500 effective October 2, 2022.
  • For Casting Directors employed on a television motion picture or on an SVOD Program (other than an SVOD Program to which theatrical terms and conditions apply): $2,800 effective October 2, 2022.
  • For Associate Casting Directors employed on a television or a theatrical motion picture (or on an SVOD Program to which theatrical terms and conditions apply): $1,500 effective October 2, 2022.

The "weekly base rate" shall be prorated at the rate of one-fifth of said amount for each day worked when the Casting Director or Associate Casting Director is employed for less than a full workweek.

Increase Benefits for On-Call Employees

Contributions on behalf of employees engaged on an ‘on-call’ basis shall be based upon sixty-five (65) hours per week effective October 2, 2022, except that for ‘on call’ employees employed for less than a full workweek (i.e., fewer than five (5) days), contributions shall be based upon thirteen (13) hours per day effective October 2, 2022. Contributions on behalf of employees engaged on an hourly basis shall be made for each hour worked or guaranteed.

Local 40, 78, 724, and 755 Agreements

Wages

Contract wage rates increase by 3% effective July 31, 2022.

Health Contributions

Effective July 31, 2022, there will be an additional increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor,” and an additional increase of $1.20 per hour for a Producer who does not qualify as a “$15 Million Contributor.”

Note that Employers signatory that identify as a “shop” or “facility” shall make contributions to the Plans at the same rate as Rate Group 48, which shall remain at least $2.00 above the Basic Rate in Article XII(b)(1) of the Agreement.

Increase Benefits for On-Call Employees

Changes to pension and health hourly contributions are as follows:

  • Partial week - thirteen (13) hours per day effective July 31, 2022
  • Five-day week - sixty- five (65) hours per week effective July 31, 2022
  • Six-day week - seventy-seven (77) hours per week effective July 31, 2022
  • Seven-day week - eighty-nine (89) hours per week effective July 31, 2022

Local 52 Majors Feature and TV Agreement

Wages

Contract wage rates increased by 3% retroactively on May 16, 2021, and there will be an additional 3% increase effective May 15, 2022. (Retroactive payments include increases to the payment of the meal period penalty at the prevailing rate as provided in Section 22(f) of the 2021 Local #52 Majors Agreement.)

Pension and Health Contributions

Part A, Section 12:

Retroactive to August 1, 2021, there was an increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor”. An additional increase of $0.40 per hour is effective July 31, 2022.

Any Employer that does not qualify as a "$15 Million Contributor" shall make contributions to the Motion Picture Industry Pension and Health Plans at the actual cost per participant per hour rate ("Actual Cost Rate"), as calculated by the Industry Plans.

Part B, Section 31:

Increase the aggregate daily contribution rates to the IATSE National Benefit Funds in Section 31(b) by $6.00 per day retroactive to August 1, 2021 (for a total daily contribution rate of $137.00 under Section 31(b)(1) and $145.00 under current Section 31(b)(2)). This increase shall be allocated to the IATSE National Health and Welfare. Increase the aggregate daily contribution rates to the IATSE National Benefit Funds in Section 31(b) by an additional $6.00 per day effective July 31, 2022 (for a total daily contribution rate of $143.00 under Section 31(b)(1) and $151.00 under Section 31(b)(2)).

Overtime

Please refer to the Paymaster Guidebook or your Paymaster for details on the overtime changes effective for certain pilots, episodes of a series and one-time TV motion pictures which commence principal photography on or after September 11, 2022.

Rest Periods

Please refer to the Paymaster Guidebook or your Paymaster for details on the new rest period provisions for a motion picture, program, part of a mini-series or episode of a series which commences principal photography on or after September 11, 2022.

Martin Luther King Jr. Day

Effective January 1, 2023, Martin Luther King Jr. Day shall be added as a holiday in the Local #52 Majors Agreement, and the unworked holiday percentage in Part A of the Local #52 Majors Agreement for daily and weekly employees shall increase from 3.719% to 4% commencing with the period January 1, 2023 to and including December 31, 2023 and continuing with the period January 1, 2024 to and including December 31, 2024.

Mileage Allowance

Please refer to the Paymaster Guidebook or your Paymaster for details on the new mileage allowance provisions effective for programs which commence principal photography on or after July 17, 2022.

High Budget SVOD Programs

Please refer to the Paymaster Guidebook or your Paymaster for details on the new provisions for high budget SVOD programs subject to a license agreement entered into on or after August 1, 2022 (or in the absence of a license agreement, the principal photography of which commences on or after August 1, 2022.

Meal Period Penalties

Please refer to the Paymaster Guidebook or your Paymaster for details on the new meal period provisions effective June 12, 2022.

Per Diem and Weekly Living Allowance

The weekly living allowance will increase to $385 per week, or $55 per day prorated, effective May 15, 2022.

The per diem amounts noted below are effective June 12, 2022:

  • Breakfast $10.00
  • Lunch $14.00
  • Dinner $27.00
  • Total Per Diem $51.00

Sick Leave

Please refer to the Paymaster Guidebook or your Paymaster for details on the new sick leave provisions effective June 1, 2022.

Local 52 Majors Supplemental Digital Production Agreement

Wages

Contract wage rates increased by 3% retroactively to October 3, 2021, and there will be an additional 3% increase effective October 2, 2022.

Pension and Health Contributions

MPIPHP: The hourly contribution rate to the Motion Picture Industry Health Plan under Section 12(a)(1)(ii)(A) for a Producer which qualifies as a ‘$15 Million Contributor’ shall increase by forty cents ($0.40) per hour (to $4.913 per hour) for each hour worked by or guaranteed an employee retroactive to October 3, 2021; by an additional forty cents ($0.40) per hour (to $5.313 per hour) for each hour worked by or guaranteed an employee effective October 2, 2022 .

For purposes of the provisions of Section 12, the number of hours on which contributions are to be made for a Set Decorator employed on an ‘on call’ weekly schedule for studio, nearby and distant location employment shall be as follows:

  1. Partial week - (thirteen (13) hours per day effective October 2, 2022
  2. Five-day week - sixty-five (65) hours per week effective October 2, 2022
  3. Six-day week - seventy-seven (77) hours per week effective October 2, 2022
  4. Seven-day week - eighty-nine (89) hours per week effective October 2, 2022

Any Employer that does not qualify as a "$15 Million Contributor" shall make contributions to the Motion Picture Industry Pension and Health Plans at the actual cost per participant per hour rate ("Actual Cost Rate"), as calculated by the Industry Plans.

IATSE National Benefit Fund: Increase the aggregate daily contribution rates to the IATSE National Benefit Funds in Article 32(a) by $6.00 per day effective October 3, 2021 (for a total daily contribution rate of $137.00 under Article 32(a)(1) and $145.00 under Article 32(a)(2)). This increase shall be allocated to the IATSE National Health and Welfare Fund. Increase the aggregate daily contribution rates to the IATSE National Benefit Funds in Article 32(a) by an additional $6.00 per day effective October 2, 2022 (for a total daily contribution rate of $143.00 under Article 32(a)(1) and $151.00 under Article 32(a)(2)).

Overtime

Please refer to the Paymaster Guidebook or your Paymaster for details on the overtime changes effective for certain pilots, episodes of a series and one-time TV motion pictures which commence principal photography on or after September 11, 2022.

Rest Periods

Please refer to the Paymaster Guidebook or your Paymaster for details on the new rest period provisions for a motion picture, program, part of a mini-series or episode of a series which commences principal photography on or after September 11, 2022.

Martin Luther King Jr. Day

Effective January 1, 2023, Martin Luther King Jr. Day shall be added as a holiday in the Local #52 SDPA, and the unworked holiday percentage in the Local #52 SDPA for daily and weekly employees shall increase from 3.719% to 4% commencing with the period January 1, 2023 to and including December 31, 2023 and continuing with the period January 1, 2024 to and including December 31, 2024.

Mileage Allowance

Please refer to the Paymaster Guidebook or your Paymaster for details on the new mileage allowance provisions effective for programs which commence principal photography on or after July 17, 2022.

Meal Period Penalties

Please refer to the Paymaster Guidebook or your Paymaster for details on the new meal period provisions effective June 12, 2022.

Sick Leave

Please refer to the Paymaster Guidebook or your Paymaster for details on the new sick leave provisions effective June 1, 2022.

DGA Basic and FLTTA Agreements

Salary Rates

Salary rates will increase effective July 1, 2022. Please refer to the Paymaster Guidebook or your Paymaster for detailed rate information.

Residual Bases

Various residual bases will increase effective July 1, 2022. Please contact our Residuals Department (residualrequests@ep.com) for detailed information.

High Budget SVOD and Basic Cable Budget Thresholds

Please contact your Paymaster for detailed rate information.

FLTTA Production Fee

Amend FLTTA Article 10, Part 2, Section D., Paragraph 10 to increase the maximum production fee owed for any workweek to Associate Directors and Stage Managers employed on non-prime time entertainment programs to $106.00 effective July 1, 2022.

WGA Theatrical and Television Agreement

Wages and Health Plan Diversion

Effective May 2, 2022, pursuant to item 12 of the 2020 WGA MOA, the WGA elected to allocate three-quarter percent (0.75%) of the negotiated increases in certain minimums and one-quarter percent (0.25%) of the negotiated increases in other minimums to the pension contribution rate.

High Budget SVOD Programs

The high budget thresholds noted in the New Media Sideletter will increase for programs 20-35 minutes ($1,030,000 and above) and 36-65 minutes ($1,750,000 and above) effective May 2, 2022.

Non-Affiliate Producers Group & Non-Affiliate Freelance Post- Production Supervisors Group

Health Contributions

Effective July 31, 2022, an additional increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor,” and an additional increase of $1.20 per hour for a Producer who does not qualify as a “$15 Million Contributor.”

Non-Affiliate Accountants Group

Effective July 31, 2022, an additional increase of $0.40 per hour for a Producer who qualifies as a “$15 Million Contributor,” and an additional increase of $1.20 per hour for a Producer who does not qualify as a “$15 Million Contributor.”

IAP Contribution Rates

On-call Employees:

Production Accountants

  • Studio Rate - Total IAP Contribution: $224.59 per week effective July 31, 2022
  • Distant Location Rate - Total IAP Contribution: $290.79 per week effective July 31, 2022

Assistant Production Accountants

  • Studio Rate - Total IAP Contribution: $126.30 per week effective July 31, 2022
  • Distant Location Rate - Total IAP Contribution: $163.02 per week effective July 31, 2022

Hourly Employees:

Production Accountants

  • Studio Rate – Hourly IAP Contribution: $4.01 per hour effective July 31, 2022
  • Distant Location Rate – Hourly IAP Contribution: $5.19 per hour effective July 31, 2022

Assistant Production Accountants

  • Studio Rate – Hourly IAP Contribution: $2.26 per hour effective July 31, 2022
  • Distant Location Rate – Hourly IAP Contribution: $2.91 per hour effective July 31, 2022

Payroll & Finances

PayrollResidualsSmartStartNew SmartTimeProduction PortalEP On LocationSmartAccountingEP LiveSmartPOCASHétPayPaymaster Rate GuideEP Residency

Manage Multiple Productions

AssetHubSmartHubSmartHub Vault
Subscribe now

Be an industry insider with EP's
newsletters and alerts

LegalPrivacy NoticeSecurity
© 2022 Entertainment Partners. All rights reserved.