2021 MOA Videotape Agreement Key Changes

The Videotape Agreement has been ratified effective November 21, 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 October 3, 2021
  • An additional 3% increase effective October 2, 2022
  • An additional 3% increase effective October 1, 2023
    Note: Increases shall be compounded

• PH&W $15 Million Contributors
  • Health increases $0.40 per hour for each hour worked or guaranteed retroactive to October 3, 2021
  • Health increases an additional $0.40 per hour for each hour worked or guaranteed effective October 2, 2022
  • Health increases an additional $0.40 per hour for each hour worked or guaranteed effective October 1, 2023

• PH&W Premium Employers (Non-$15 Million Contributors)
  • Health increases $1.20 per hour worked or guaranteed retroactive to October 3, 2021
  • Health increases an additional $1.20 per hour worked or guaranteed effective October 2, 2022
  • Health increases an additional $1.20 per hour worked or guaranteed effective October 1, 2023

• Rest Period (Daily) *Not Applicable to “On-Call” Employees (goes into effect February 1, 2022) (was 8 hour studio and 9 hours outside studio)
• Studio & Nearby: 10 hours or more (the penalty is 1 hour of straight time for all hours invaded for an “On Production” employee and no more than 2 hours for an “Off Production” employee).
• Distant: 9 hours or more (the penalty is 1 hour of straight time if no more than 1 hour is invaded, and employee shall be paid additional straight time for all such invaded time). (Used to be 8 hours)
• 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 worked and either:
• Exterior night shooting
• Shooting location has limited access
• Is delayed due to health and safety concerns (weather or natural hazard)
• Exceptions: Once on 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.
• If the production’s first workweek is a partial workweek, the weekend rest period shall apply as if it were a full workweek.
• 32 hours 6 consecutive day workweek inclusive of daily rest (does not apply on workweek shift) penalty for invasion is 1 hour additional straight time for all invaded hours.
• 32 hours when 6^th day work occurs on a 7^th day of the workweek inclusive of daily rest. Penalty for invasion is 1 hour additional straight time for all invaded hours.
• Rest periods are measured from:
• Dismissal when the employee is employed in the studio or studio zone
• The time the employee is deemed to have reached the perimeter of the Los Angeles 30-mile zone for employees working in the secondary studio zone, or
• The time the employee is deemed to have reached the place of reporting when working on a nearby location.
• Does not apply to On-Call Employees.

• Meals (On and Off Production Employees)
  • $12.50 for 3^rd and 4^th  (added 4^th)
  • $25.00 for 5^th and succeeding (added 5^th and subsequent)
  • For any workweek in which an employee is entitled to more than 20 meal period penalties, all subsequent meal period penalties for that employee 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. (added 20 plus in a week)

• Meals on Television Motion Pictures Shooting in a Studio (On and Off Production)
  • $13.50 for 3^rd and 4^th meal (added 4^th)
  • $25.00 for 5^th and succeeding (added 5^th and subsequent)
  • For any workweek in which an employee is entitled to more than 20 meal period penalties, all subsequent meal period penalties for that employee 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. (added 20 plus in a week)

• Holiday
  • Martin Luther King Jr. Day shall be added as a holiday.

• Holiday Accrual
  • Increase from 3.719% to 4% (effective January 1, 2022 – December 31, 2024)

• Paid Sick Leave (removed California and made it just Paid Sick Leave)
  • Eligible employees now accrue 1 hour of sick leave for every 30 hours worked for the same Producer up to a maximum of 48 hours or 6 days and is no longer limited to California.
  • Employees employed outside California shall be eligible for such sick leave commencing February 1, 2022.

• Minimum Call
  • 4 hour minimum call on a day in which the employee does not work and reports for training. Note: Old agreement just states “reports to safety training.”
  • Daily On-Call Employee is paid ½ of the daily on-call rate for each such day.
  • Weekly On-Call Employee is paid at 1/10 of the weekly on-call rate for each such day. Does not apply to weekly on-call or a day within weekly guarantee of a weekly employee. Note: The foregoing does not apply to a day that is within weekly guarantee of a weekly employee or a weekly ‘on call’ employee.

• Cancellation of Call
  • If, at the time of a call, the employee called is not on the employer's payroll, such call may not be cancelled.
  • Calls for weekly employees for a sixth or seventh day in the employee's workweek may be cancelled before 8:00 p.m. on the day preceding the day of the call.
  • The employee and the IATSE shall be notified of layoff and/or work call at the earliest time reasonably possible.
  • Calls may be changed or cancelled if made: (1) before 8:00 p.m. of the day preceding the call; or (2) with six (6) hours' notice on the day of the call, provided such notice is given after 7:00 a.m. on the day of the call.
  • Must notify employee prior to the employee’s dismissal for the day and for persons not on payroll up to 12 hours prior to their call time.
  • Penalty for late cancellation is 8 hours minimum call.
  • Producer may cancel weather permitting call up to 4 hours prior to employee’s call time. Penalty for 4 hour notification is 4 hours pay at straight time or 1/10^th of weekly rate if employed by week.

• Use of Personal Vehicle
  • When employee uses his or her personal vehicle at the Producer’s request to conduct business for the Producer during the workday within the studio zone or the secondary studio zone (and not for commuting purposes), the Producer shall reimburse the employee for mileage at the then current IRS rate or shall make other arrangements with the employee for payment as allowed under applicable law (e.g., car allowance).  It is understood that if transportation is offered by the Producer, no mileage reimbursement is due.

• Waiver of NY City SAFE and Earned Sick Time Act and Similar Laws
  • Add SAFE
  • Add Los Angeles Supplemental Paid Leave Due to COVID-19 and Los Angeles Paid Leave for Expanded Vaccine Access
  • Remove the Seattle Paid Sick and SAFE Time Ordinance

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.