2021 MOA Local 40 Key Changes

The 2021 Teamsters Locations Agreement has been ratified effective August 1, 2021.

To help you prepare for retroactive payments and budgeting, hiring crew, and discussing benefits for your future productions, we've outlined the most recent changes below.

• Wages
  • 3% increase retroactive to August 1, 2021
  • An additional 3% increase effective July 31, 2022
  • An additional 3% increase effective July 30, 2023
    Note: Increases shall be compounded.

• • Minimum wage rates for the productions covered under Sideletter #5 and Sideletter #6 shall be calculated in accordance with the terms of those sideletters, i.e., they lag one year behind the regular minimum wage rates
  • Minimum wage rates in Sideletter #7 shall be calculated at 85% of the otherwise applicable theatrical wage rates

• PH&W $15 Million Contributors
  
  • Health increases $0.40 per hour for each hour worked or guaranteed retroactive to August 1, 2021
  • Health increases an additional $0.40 per hour for each hour worked or guaranteed effective July 31, 2022
  • Health increases an additional $0.40 per hour for each hour worked or guaranteed effective July 30, 2023

• PH&W Premium Employers (Non-$15 Million Contributors)
  • Health increases $1.20 per hour worked or guaranteed retroactive to August 1, 2021
  • Health increases an additional $1.20 per hour worked or guaranteed effective July 31, 2022
  • Health increases an additional $1.20 per hour worked or guaranteed effective July 30, 2023

•  “Shop” or “Facility” Signatory (New Name of Signatory)
• Remains at $2.00 above the “Then-Current Basic Rate"

• “On-Call” Benefits to Weekly Scheduled Studio, Nearby and Distant Location Employment
  • Partial week (12 hours per day) increases to 13 hours per day effective July 31, 2022 and increases to 14 hours per day effective July 30, 2023
  • 5-day week (60 hours per week) increases to 65 hours per week effective July 31, 2022 and increases to 70 hours per week effective July 30, 2023
  • 6-day week (72 hours per week) increases to 77 hours per week effective July 31, 2022 and increases to 82 hours per week effective July 30, 2023
  • 7-day week (84 hours per week) increases to 89 hours per week effective July 31, 2022 and increases to 94 hours per week effective July 30, 2023

• Allowances (Effective February 13, 2022)
  • Cell Phone: $3.00 per day, not to exceed fifteen dollars ($15.00) per week
    Note: This provision is not applicable when the Producer provides a cell phone or other device (e.g., an iPad) to the employee for work-related purposes, or when the Producer makes other arrangements with the employee for payment as allowed under applicable law.

• Meal Penalties (Effective February 13, 2022)
  • Meals “On Production” and “Off Production” 
    • $15.00 for 3^rd and 4^th
    • $25.00 for 5^th and succeeding
    • For any workweek in which an employee is entitled to more than 20 meal period penalties, all subsequent meal period penalties in that workweek will be paid at 1 hour of pay at the prevailing rate for each half-hour of meal delay or fraction thereof
  • Meals Television Motion Pictures Shooting in a Studio
    • $15.00 for 3^rd and 4^th
    • $25.00 for 5^th and succeeding
    • For any workweek in which an employee is entitled to more than 20 meal period penalties, all subsequent meal period penalties in that workweek will be paid at 1 hour of pay at the prevailing rate for each half-hour of meal delay or fraction thereof

• Golden Hours/Overtime for a Studio Zone or Nearby Location (Effective February 13, 2022)
  •  Any Day other than Holiday, 6^th or 7^th Day Worked in a Studio Workweek:
    • 2.5x for all straight time hours worked in excess of 14 consecutive hours
    • 3x for all straight time hours worked in excess of 16 consecutive hours
  • Occurring on 6^th Day Worked in a Studio Workweek:
    • 3 ¾x for all straight time hours worked in excess of 14 consecutive hours
    • 4.5x for all straight time hours worked in excess of 16 consecutive hours
  • Occurring on 7^th Day Worked in a Studio Workweek or Holidays:
    • 5x for all straight time hours worked in excess of 14 consecutive hours
    • 6x for all straight time hours worked in excess of 16 consecutive hours
      
      
• Golden Hours/Overtime for a Shift in Workweek (Effective February 13, 2022)
  • Occurring on Any Day other than a Holiday, 6^th or 7^th Day Worked in a Workweek:
    • 2x for all straight time hours worked in excess of 14 consecutive hours (12 consecutive hours for ‘off production’ employees)
    • 3x for all straight time hours worked in excess of 16 consecutive hours
  • Occurring on the 6^th Day Worked in a Workweek:
    • 3x for all straight time hours worked in excess of 14 consecutive hours (12 consecutive hours for ‘off production’ employees)
    • 4.5x for all straight time hours worked in excess of 16 consecutive hours
  • Occurring on the 7^th Day Worked in a Workweek:
    • 4x for all straight time hours worked in excess of 14 consecutive hours (12 consecutive hours for ‘off production’ employees)
    • 6x for all straight time hours worked in excess of 16 consecutive hours (12 consecutive hours for ‘off production’ employees)
      
      
• Golden Hours/Overtime on Distant Location (Effective February 13, 2022)
  • Occurring on Any Day other than a Holiday or the 7th Day Worked in a Workweek:
    • 2.5x for all straight time hours worked in excess of 14 consecutive hours 
    • 3x for all straight time hours worked in excess of 16 consecutive hours
  • Occurring on a Holiday or the 7th Day Worked in a Workweek:
    • 5x for all straight time hours worked in excess of 14 consecutive hours 
    • 6x for all straight time hours worked in excess of 16 consecutive hours
      
      
• Sideletter #7 Modifications (Effective February 13, 2022)
  
  • OVERTIME:
    • 3x after 16 elapsed hours
      
      
• Weekend Rest Period for Employees Who Work a 5-Day Consecutive Workweek (Effective May 15, 2022)
  
  •  54 hours (inclusive of daily rest period)
  •  May be reduced to 50 hours, inclusive of the daily rest period when:
    • 5^th day of the workweek is no longer than 12 hours; and either:
      • While working on exterior shooting 
      • Where shooting on location, access to which is limited to certain hours
      • Work on 5^th day of workweek is delayed due to health and safety concerns (weather or natural hazard)
      • Exceptions: once in a one-time motion picture 66-85 minutes in length, no more than 6 weeks on episodic series and mini-series, twice on a Theatrical Motion Picture or one-time motion picture 85+ minutes in length

• Weekend Rest for Employees Who Work a 6-Day Consecutive Workweek (Effective May 15, 2022)
  • 32 hours rest period, inclusive of the daily rest period (penalty is 1 additional hour of straight time for invaded hours)
    
    
•  Weekend Rest for Employees Whose 6^th Day Worked Occurs on the 7^th Day of the Workweek (Effective May 15, 2022)
  • 32 hours (dismissal to start penalty is 1 hour at straight time for all hours invaded)
  • Distant: portal-to-portal or worksite-to-worksite
    
    
• Ten-Hour/Four-Day Workweek (Effective February 13, 2022)
  • Employed on Daily Basis:
    
    • Producer may schedule a 10-hour minimum call at straight time (provided the employee is guaranteed 40 hours within their workweek)
  • Employed on Basis of a 10-Hour/4-Day Workweek:
    • 1.5x for the 5^th or 6^th day worked within their workweek
    • 2x for the 7^th day worked within their workweek
      Note: The guaranteed pay of such employees who absent themselves without the Producer’s consent may be reduced ¼ of the weekly guarantee for each day of the absence.
      
      
• Apprentices (Effective February 13, 2022)
  • Modify the studio minimum rate schedules per the MOA  for the below listed positions:
    • Apprentice Wireman
    • Apprentice Maintenance Air Conditioning Mechanic **other than Lab Employees

• Holiday (Effective January 1, 2022)
  
  • Martin Luther King Jr. Day shall be added as a holiday
    
    
• Holiday Accrual (Effective January 1, 2022)
  
  • Increase from 3.719% to 4%
    
    
• Add the New Media Sideletter #16 to IBEW Local 40 Agreement (Effective February 13, 2022) 
  
  
• Waiver of New York City Safe and Earned Sick Time Act and Similar Laws
  • Added the New York State paid sick leave law of 2020; the Westchester County Earned Sick Leave Law
  • Added the City of Los Angeles Emergency Order regarding Supplemental Paid Leave Due to COVID-19 (amended February 10, 2021); the Los Angeles County COVID-19 Worker Protection Ordinance (Title 8, Chapter 8.200 of the Los Angeles County Code); Los Angeles County Employee Paid Leave for Expanded Vaccine Access (Title 8, Chapter 8.205 of the Los Angeles County Code)
  • Removed the Seattle Paid Sick and Safe Time Ordinance (#123698)
    
    
• Minimum Call
  • A 4-hour minimum call shall apply for any day which an employee, at the request of an individual Producer, reports for safety or harassment prevention training
  • A weekly ‘on call’ employee who reports for safety or harassment prevention training shall be paid one-tenth of the weekly ‘on call’ rate for each such day

If you have any questions, please contact our Labor Relations team at LaborRelations@gslate.com.

This information in this communication is general in nature, and is not intended, nor should it be construed, as legal, accounting, tax or other professional advice rendered by GreenSlate, LLC. The reader should contact his or her attorney, CPA, or tax professional prior to taking any action based upon this information.