PAY TV
Pays very little in residuals.
REAL LIFE EXAMPLE:
Those $0.32 residual checks that are so annoying will continue. Under this proposed new deal these checks will remain the same without any increase.
HBO, Showtime, Cinemax, and Starz are all examples of Pay TV: television services which rely on a subscription fee in order to be watched. Pay TV will continue to rerun up to ten exhibition days for one year FOR FREE.
Pay TV is worth $110 million in annual residuals to SAG-AFTRA members. There has been a decades-old problem in how these residuals are allocated.
Under our current formula, the overwhelming amount of residuals distributed goes to the stars of the show, leaving day players, singers, and dancers with crumbs. The current residual formula used, “Time and Salary Units,”* is a 50-year-old, unfair method of distributing residuals.
For approximately the past 20 years, we have successfully replaced “Time and Salary Units” with the more equitable “Ratable Distribution Formula,” a.k.a. “The 3-2-1 Formula,”* on many of our other distribution platforms, for example, when a show moves from NBC over to basic cable. This “3-2-1 Formula,” in place for the past two decades, is a more fair distribution of our residuals.
We proposed that The Studios change over to our more equitable “3-2-1 Formula” for Pay TV, a change that would have cost the studios nothing, just spreading the money more equitably amongst our performers.
*Definition: “Time Salary Units”: This is a very detailed, complicated residual formula based on how long you work and how much you are paid. The problem is that the disparity can be up to a 45 times difference with 22 slices of the residual pie for the series regular, while only .4 slices go to the day player.
*Definition: “3-2-1 Formula”: 3 slices of the residual pie go to series regulars, 2 slices of the residual pie go to the weekly and three-day players, and 1 slice of the residual pie go to the day players.
#VoteNO #SendItBack #Keep’emZooming
UNDER 20 MINUTES IN NEW MEDIA
New Media has been able to operate with fewer regulations and will continue to do so under this new proposed contract.
REAL LIFE EXAMPLE:
Quibi, Netflix, etc. can make episodes that are under 20 minutes in length, and by doing this, they are not obligated to follow most of our basic standard provisions including minimums and twelve hour turnaround. A regular network sitcom is 22 minutes in length and under our current contract, producers are incentivized to trim two minutes out in order to avoid our standard provisions. They can literally choose to pay you minimum wage, for multiple episodes. With more shows doing cross-boarding (shooting multiple episodes in one day) the studios can shoot as many episodes as they want in that one day as opposed to paying you per episode.
One direction in which new media is headed is in short form programming. By not addressing this in the proposed new contract, we are permitting this low standard and setting a precedent that this is acceptable. There is no overstating how important fixing this is.
It should be noted that the budget level is irrelevant. You can have a fifteen dollar budget or a fifteen million dollar budget on a ten minute show. It will still be up to the studio to determine your salary as well as other contractual provisions.
We would never allow a network, cable show, or CW show to be produced without the protections set forth in our standard contracts, so why allow this with Netflix, the industry’s largest employer?
#VoteNO #SendItBack #Keep’emZooming
PENSION CAPS
Limits the amount of salary the studios make into your pension and health contribution.
REAL LIFE EXAMPLE:
You are a series regular making $25k/episode on a half hour show, the employer only pays into the pension and health plan on your first $15,000 from your $25k/episode. Studios are paying 18% on top of your first $15,000. Two years later, you are not working but you receive thousands of dollars in residuals on that show. Because of the pension cap (a ceiling on the amount the employer contributes to the performer’s P&H), no employer contribution will be made on your residuals earnings and you will not qualify for health coverage. Also, even though the residual money doesn’t qualify you for health coverage, you’re still expected to pay SAG-AFTRA dues on that money in order to be in good standing with the union. That doesn’t seem fair, does it?
The pension caps are as follows:
In half-hours it’s $15,000.
In one-hours it’s $24,500.
These pension caps were put in place in 1982, when $15,000/episode was a realistic number. Thirty-eight years later, there has been no raising of these pension caps which completely undervalues the market place. Prior to 1982, the pension caps would increase (one time even doubled) every 3 years.
When an employer contribution ceases to be made because the pension cap has already been met, the performer will not be able to qualify for benefits from that past work.
It will be 41 years of no pension cap increases by the next negotiation. Our pension is already in trouble and not raising these pension caps makes it challenging to ensure the pension will be available for the younger actors.
#VoteNO #SendItBack #Keep’emZooming #RaiseTheCaps #ProtectMyFuture
SYNDICATION
This proposed contract will give away up to 90% of your future syndication residuals.
REAL LIFE EXAMPLE:
If you had a residual check that was $100, that same residual check will now be $10. Yes, you read that right.
Syndication is “off network broadcast television” such as your local tv station. For example, channel 9 at 2pm on your local station might air Law & Order reruns.
This proposed contract lowers the rate at which your syndication residuals are calculated. The result is up to a 90% reduction with a total cumulative loss of $70 million in the first 3 years, with a total loss of $170 million in 8 years.
Last year, there was $95 million in syndication. With this new deal those earnings will plummet to $17 million, affecting 35,000 individual performers.
These 35,000 performers believed that the contract they originally signed and worked under would stay valid forever. Instead these contracts are now compromised and will decimate their syndication residual, a.k.a that $10 residual.
Performers working prior to 1998 will take a double hit by having their pension and health contributions taken out of their now extremely reduced residual.
It's important to know that this new formula does not affect the DGA and WGA members as badly as it does SAG-AFTRA members.
The DGA member will split their new 2% of license fee mostly ONE WAY.
The WGA member will split their 2% of license fee TWO WAYS, on average.
The SAG-AFTRA member will split their now 6% license fee among the ENTIRE CAST of that particular episode, greatly reducing what they used to receive before with a fixed residual. (Up to a 90% reduction.)
The callousness in which this is being done is extremely disturbing. We don't throw people out of our union lifeboat to supposedly bring others in. We save everybody, especially those 20, 30, 40 year working members who helped build and secure this Union.
Interesting side note: License fees are based upon deals made claiming a “fair value” of worth is being negotiated. The possibility of John yelling across the hallway to Susie saying, “Hey Susie, this show is worth $5 million dollars, how does $1 million sound to you?” is a very real issue and one we did not have to worry about prior to this newly proposed contract when these were fixed residuals. We will be at the mercy of an honor system where audits will hopefully provide safeguards.
PENSION
This proposed contract includes pension and health increases where 75% of the 2% increase will come directly from your wage increase, otherwise known as YOUR POCKET.
REAL LIFE EXAMPLE:
Suppose your contract rate is $100 (for math’s sake). We get a 3% wage increase each year BUT instead of the 3% increase, you will actually only receive a 2.5% increase because the other .5% will now go towards the Pension and Health so The Studios don’t have to pay for it. Instead of $103, your check would be $102.5. Doesn’t seem like a lot when your check is only $100, but it becomes more significant when your paycheck is larger and multiplied over several jobs.
The P&H increases are scheduled at:
YEAR 1: 1% increase
YEAR 2: .5% increase
YEAR 3: .5% increase
When we are told our contracts will receive an annual wage increase of 3%, in all actuality that is false. The .5% P&H increases are taken out of our negotiated 3% wage increase every year and diverted from our pocket and into the P&H. In reality we only will have a net gain of .5% in P&H. Sadly, this has been the pattern for the past few negotiations and will continue to be this way unless we stop it.
Also, regarding the Pension increases:
Another very damaging pattern is being established for AFTRA performers. AFTRA performers will NOT be seeing any direct increase to their personal retirement benefit. (The AFTRA pension accrual benefit is based on the “contribution rate”). These last two, 3-year increases have bypassed the AFTRA pensioner allowing the increases to go directly to the AFTRA Retirement Plan. This has no individual benefit to the performer/member.
This makes it twice as hard for you to qualify for pension benefits because your earnings are being split into TWO pension plans. The work we do in film funnels into our SAG Pension; while almost half (43%) of our work in television funnels into our AFTRA Retirement Fund. Below is an example of how a member who qualifies for our top health insurance plan would be unable to qualify for a pension credit in either Plan and would be ineligible to receive future benefits from earnings that year.
.
● $22,000.00 is required to earn 1 annual SAG pension credit
● $15,000.00 is required to earn 1 annual AFTRA pension credit
● $22,000.00 + $15,000.00 = $37,000.00 required earnings to receive both pension credits
● A member can earn up to $36,998 and earn zero pension credits in either Plan.
In other words, in a certain year you can earn $21,999 in SAG work, and $14,999 in AFTRA work and qualify for nothing.
STUNTS MONEY / SCHEDULE BREAK
Stunt Performers’ overtime is contractually waived for doing dangerous stunts costing them thousands of dollars in wages and pension & health contributions. The dangerous stunts pay big stunt adjustments that push the stunt performer to a different schedule break which eliminates all cumulative weekly overtime pay, (a.k.a time-and-a-half) in a 44+ hour week. This costs the performer thousands of dollars in wages and pension & health contributions.
REAL LIFE EXAMPLE:
In some instances, just making $1 too much in adjustments can trigger the loss of thousands of dollars in wages, pension and health contributions while continuing to subject a stunt performfer’s body to extreme wear and tear.
Stunt Performers hired under a weekly schedule/contract have a weekly rate of $3,746 with a money cap/ceiling of $5,000 for television and a weekly rate of $3,746 with a money cap/ceiling of $6,350 for theatrical. Stunt Performers also can receive additional money (adjustments) for performing dangerous, risky and skilled action. The stunt adjustment amounts vary from a few bucks to thousands of dollars depending on the risk involved. These life threatening stunts performed earn high adjustment money which is added into the stunt performer’s base pay and calculated into their overtime for a base rate (weekly rate + stunt adjustments). If the stunt performer exceeds the schedule/money break, then they are moved onto a different schedule which does not include cumulative weekly overtime, essentially penalizing the stunt performer for doing big and dangerous stunts.
Example of a stunt performer employed on a theatrical weekly contract, working a 50 hour week (10hrs/day, M-F, excluding lunch), not on location:
No Schedule Change: Schedule Change:
Weekly Base Rate: $3,746 Weekly Base Rate: $3,746
Stunt Adjustment: $2,603 Stunt Adjustment: $2,604
Cumulative Overtime (6 hours):$1,125 Cumulative Overtime (6 Hours): $0
Total Weekly Pay: $7,474 Total Weekly Pay: $6,350
Loss of Wages: $1,124
Difference in Base Pay: $1
This proposed contract does nothing to correct this antiquated schedule break because it only applies to episodic television where high risk stunts are not near as common as they are in features and would help less than 4% of the stunt community. Also, the ability to achieve cumulative overtime in general is difficult for television stunt performers but with the recent loss of Portal to Portal (travel time to and from set while on location) and with now limiting work hours mandated by Covid 19 guidelines will make it virtually impossible. The leadership is fully aware of this issue and failed to address it, leaving stunt performers penalized for simply doing their job.
NO RESIDUALS FOR TV STUNT COORDINATORS
Stunt Coordinators are not contractually guaranteed residuals for television and can earn less than the stunt performers they hire.
REAL LIFE EXAMPLE
A stunt coordinator working 60 hours on a show like American Horror Story will make the weekly stunt coordinator flat rate of $4,779, will not be paid for overtime, will not receive adjustment money, will not receive meal penalties and will not receive residuals (unless they managed to negotiate better terms). The stunt double they hire also working 60 hours will make the weekly rate of $3,746.00, receive $500 in adjustments, $2,798 in overtime, $150 in meal penalties and $3,450 in residuals/episode for a total of $10,644 compared to the stunt coordinator working on a flat television contract making $4,779. That is a difference of $5,865.
It is unconscionable that Stunt Coordinators who are responsible for helping to procure safety, attend countless production meetings and scouts, hire stunt performers, choreograph action, not only get paid less than those performers they hire, but who are NOT entitled to a 12 hour turnaround, causing sleep deprivation. This is unsafe and endangers all crew members, actors, stunt performers, background artists and pedestrians.
BACKGROUND
Background Artists continue to be left out of receiving any real gains in this proposed contract.
Of the $318 million supposed increase - Background Artists only cost the AMPTP $600,000 (0.19%) of this “Historic Gain.” In actuality, having 1 added spot in Los Angeles generates 5 times the return in income and benefits compared to the $600,000 initial cost. Over a three-year period, a spot that would have cost the AMPTP $1 million would have yielded $6 million for Background Artists and the Union . The failure to make adding spots a priority was detrimental to the future of Background Artists and a blow to the health of the entire union costing jobs and much needed contributions.
In the 28 years since SAG-AFTRA assumed jurisdiction of SEG (Screen Extras Guild)
in covered work, Background Artists have suffered a national net loss of 36 spots.
New York was hit the hardest and has seen no improvements at all. Adding only 1 spot
in Los Angeles of July of 2021 does not go nearly far enough to compensate
for these historic losses.
REAL LIFE EXAMPLE
The current Los Angeles (X-I Contract) TV Cap is 21 Background Artist spots and the New York (X-II Contract) TV Cap is 25 Background Artist spots. Adding 5 spots in L.A. and 1 in New York would bring the two schedules into agreement with 26 spots and creates up to 31,500 jobs.
Background Artists also remain unprotected from the use of digital doubles via scanning further threatening background jobs and protections. Even Netflix has basic protections for Background Artists that are missing in this contract.
REAL LIFE EXAMPLE
You go to set and are asked to step into a scanner. This is uncovered work. If you have not agreed in advance when you accept the job, you can refuse. But, if you accept the job and do not negotiate terms, you will not receive any additional pay and the producers can use the footage any way they want. The official position of SAG AFTRA staff is the scan can only be used for the single production for that single day's work, but since it is uncovered work, that position would have to be arbitrated if challenged. Under the Netflix deal, digital doubles cannot be used towards the background caps. There is no such protection here. Again, SAG AFTRA could challenge that, but it is not in the contract.
The new nudity provisions give Principal Performers the right to have 48 hours’ notice
of all details involving nudity or simulated sex acts. Background Artists are not given this same guarantee, instead only promised a “best effort.” If producers know 48 hours in advance what Principal Performers will be doing, they certainly know what will be asked of background. Producers have only offered a bulletin to casting directors asking them to make details known in advance “if possible.” This is an unacceptable inequity and is Discriminatory.
REAL LIFE EXAMPLE
You are told that you are hired for nude work, but when you get to the set,
you find out that the job involves simulated sex. You don't want to do it. You are entitled to say no and be paid for the day, but you may feel pressured to say yes because you fear retaliation or a responsibility to complete the shot. If production had given you the same 48 hours’ advanced notice that principal actors will get, you would have been able to say no at the start and never have had to be put in this compromising situation.
FOREIGN TRAVEL
In 2011, the AMPTP began to successfully negotiate the removal of nearly all first-class/business class travel from our contract and now if this contract is ratified, will remove first-class/business class for foreign travel under 1,000 miles originating outside the U.S. This continues to give the AMPTP exactly what they want in moving extremely close to the removal of first-class travel entirely. We have had first-class travel in our contract for many decades and during a global pandemic, it hardly seems like the time to forfeit any measure of safety, privacy, or personal space.
PREPAYMENT OF RESIDUALS
Actors spend years cultivating a career that increases their market value, only to find that value decreased substantially as they discover what they thought was pay for their performance is actually pay for the performance AND future exhibition.
The Residual, long the bulwark of actors’ careers, allows us to (among other things) stave off periods of non-work by receiving payments for continued exhibition. For years, we have allowed producers to credit monies paid above scale against those future payments, effectively reducing the actor’s salary.
REAL LIFE EXAMPLE
Suppose you are an actor receiving an SVOD offer for $20k/wk, you later discover that you are actually making $12,000 with $8,000 in prepaid residuals. The “Total Actual Compensation” ceiling ($4,139.83) would result in a residual of $1,862.92 after 90 days and $1,655.93 a year later, $1,448.94 a year after, and so on; but, they’d be absorbed by the initial $8,000 prepayment. In other words, you will not receive these residuals. The first time you will see an actual residual wouldn’t be until Year 8, at which point you would receive approximately $73. The Netflix Deal capped the allowable credit at 15% of initial compensation (For this example, only $3,000 could be prepaid residuals). This contract has no such cap.
Side Note: This is only on an SVOD platform with a 100% subscriber factor. If it’s a smaller platform, it will take even LONGER to burn through that prepayment. CBS all access, for instance, is under 20 millions subscribers so these residuals due would be calculated even lower.
SEXUAL HARASSMENT
SAG-AFTRA and the AMPTP should be ashamed that, given what we’ve learned in the post-#MeToo era, they couldn’t even match the common sense protections afforded our Canadian brothers and sisters by their union, ACTRA.
Producers, after working with Time’s Up, walked into these negotiations willing to hold safety meetings with the entire cast and crew at the start of any shoot day involving intimate scenes. They walked out having agreed to ZERO safety meetings. What went wrong?
Members have asked that call sheets have four different people listed from production to whom they can turn if something goes wrong on the day. There is no such requirement in this proposed contract.
In Canada, the actor can always have an Intimacy Coordinator, a union rep or another representative of their choosing present during those types of shoots--not under this proposed SAG-AFTRA contract.
Leadership has embraced the idea of Intimacy Coordinators but so far there’s no path to implementation. Funny how Canada mentions Intimacy Coordinators in their Best Practices document. On the day of the shoot, SAG-AFTRA members are still on their own with no advocate. At best, there’s supposed to be a negotiated nudity rider in your trailer with your contract. Maybe it’ll be there, maybe it won’t. No penalty if it isn’t.
In Canada, Producers are required to give “a full, true and complete disclosure of the activity required with storyboard, script, location of the shoot, other performers in the scene if they will be nude or semi-nude.” Not so for us. Sides only have to be attached “IF PRACTICABLE.” What does that mean? What are they hiding? It’s time for our union to step up, do its job and protect us from those who would do us harm.
In the proposed contract, the actor now is supposed to be given 48 hours notice before an intimate scene is to be filmed so he/she/they can decide if they want to do that or not. The proposed contract allows that the Producer must provide a phone number so that the actor can discuss as much of the scene available to them with whomever this person is. Why was the Director not the person assigned to speak with the actor? What we’re being told is a gain in this proposed contract, really isn’t. It doesn’t go far enough. Performers who do nudity want full choreography of intimate scenes so that there are no surprises on the day of the shoot. Making the actor talk to the Producer takes the decision as to how the intimacy scene will be shot out of the realm of art and into the realm of commerce. The Director is now to be told after the fact, but before shooting, what has been negotiated that the actor will do or will not do. How is this discussion with someone they’ve probably never met about their body any kind of an improvement?
In Canada, if the actor wants a body double to do what they are unwilling to do, they have 50% approval of their replacement and review of the final cut. Not us.
Canada allows full nudity in the final callback with NO intimate touching whatsoever. We don’t have that protection.
In Canada, acting naked can only happen in the final camera rehearsal and filming. We don’t have that protection.
SAG-AFTRA members wanted no viewing of the intimate scenes on monitors. Didn’t get that.
SAG-AFTRA members wanted cell phones confiscated for the duration of shooting intimate scenes. Cell phones are prohibited, but there’s no penalty if any of the crew pulls out their phone and films what’s happening on the monitor to send to their buddy. No protection there.
SAG-AFTRA members wanted full barriers over genitals and modesty garments. We didn’t get that. We got robes, but we didn’t get the wardrobe person assigned to hand it to them, like they do in Canada.
We wanted closed sets defined and enforced. Didn’t get that.
In fact, there are no penalties if a production ever crosses the line. None whatsoever.
When it was written, the much touted 2018 Code of Conduct and Rule One outlawing auditions in hotel rooms imposed zero penalties. We don’t even know if the negotiating committee asked for these penalties. All we know is that this proposed contract doesn’t have them.
What we do have in this proposed contract is one, single, online sexual harassment training per year which is already mandated for most employers in most states anyway. To claim that the inclusion of a sexual harassment definition as some kind of a gain is a joke because sexual harassment, defined by law as a form of discrimination, is already a crime.