2021 MOA Teamsters Local 399 Drivers Key Changes

The Teamsters Local 399 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 of minimum rates 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 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 $1.20 per hour worked or guaranteed retroactive to August 1, 2021
  • Health $1.20 per hour worked or guaranteed effective July 31, 2022
  • Health $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 for 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
    
    Note: For the sixth day not worked on distant location, health contributions for ‘on call’ employees shall be based on seven (7) hours. For the seventh day not worked on distant location, health contributions for ‘on call’ employees shall be based on eight (8) hours.

• DOT Administrators (Effective February 13, 2022)
  • Delete Sideletter #17 from the Local 399 Agreement
  • Add “DOT Administrator” as a new classification
  • • Hiring: Producer shall have freedom to hire from any source
    • Duties: DOT Compliance Work
    • Staffing: No mandatory staffing
    • Reporting: Shall report to Producer’s Transportation Department
    • Dismissal: Minimum call is 1 hour at 2x rate
      Note: This time shall be excluded from rest period calculation
    • IAP Contributions based on Regular Basic Hourly Rate for all hours worked and/or guaranteed:
      • 4% effective February 13, 2022 - July 30, 2022
      • 5% effective July 31, 2022 - July 29, 2023
      • 6% effective July 30, 2023 - July 31, 2024
    • The rate shall be equivalent to the rate for Occ. Code 3512 (or Occ. Code 4626 in the Long-Form Television Minimum Wage Schedule)
    • Wages take effect from August 1, 2021 – February 13, 2022

• 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 Allowance: $50.00 per day (this was previously $40.00 per day)
  • Meal Allowance for Off-Production Drivers who are tied to Production and Cook Drivers: $50.00 per day (this was previously $40.00 per day)
    
    Note: Provided that the driver works more than 12 hours per day, not counting meal periods.

• Golden Hours/Overtime (Effective February 13, 2022)
  • Any Day Other Than a 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 on Distant Location (Effective February 13, 2022)
  
  • Occurring on Any Day Other Than a Holiday or the 7^th 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
  • Overtime for Sideletter #7:
    
    • 0.5x after 8 hours worked
    • 2x to be paid after 14 elapsed hours 
    • 3x to be paid after 16 elapsed hours (effective February 13, 2022)
      Note: Overtime pay for weekly employees shall be based on one-fortieth (1/40) of the weekly rate.

• Weekend Rest Period for Employees Who Work a 5-Day Consecutive Workweek 
  • 54 hours (inclusive of daily rest)
  • 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:
      • Exterior night shooting
      • Shooting location has limited access
      • Is delayed due to health and safety concerns (weather or natural hazard)
      • Exceptions: Once in a one-time motion picture 66-85 mins, no more than once every 6 weeks on episodic series or mini-series, or twice on a one-time motion picture of 85+ mins

• 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

• 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%

• Minimum Call 
  • A 4-hour minimum call shall apply for any day on 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
    
    
• Add the New Media Sideletter to the 399 Black Book Agreement (Effective February 13, 2022)

• Delete Sideletter #20, Re: Joint Committee to review the Alcohol and Controlled Substance Testing Program (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 (New York Labor Law Section 196-B); the Westchester County Earned Sick Leave Law (New York Labor Law Section 196-B)
  • 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)

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.