MAGGIE'S CORNER
COUNT ON IT
by Maggie Ostroff
 Maggie Ostroff |
Nineteen, 21…but who’s counting?
We hope everyone in editorial is––at least those who are working under the Majors or Independent Post-Production Agreements or the Single Production Signatory Low-Budget Agreement.
Here’s how the 19 day and 21 day rules work:
Sound and music editorial people are under the 19-day rule; after
19 consecutive days worked, you must get two consecutive days off.
The penalty due to you by the producer starts on the 20th day
worked until this happens.
Picture editorial is under the 21-day rule, which is slightly different. After 21 consecutive days worked, you must get two days off within the next seven days. They don’t have to be consecutive, but they must be between the 22nd and 29th days. If you only have one day off in that period, the penalty starts on the 22nd day and continues until you do get two days off within a seven-day period, not just until you have the second day off!
Here’s the kicker on this one: You have to request the penalty from the producer ahead of time. If the request isn’t made, the producer doesn’t have to give you the time off or pay the penalty!
But here’s a really good thing: If your days off are in the middle of the week, the producer must pay your full week’s guarantee anyway! (Don’t groan; I think I lost out on that one, too.)
The penalty is 25 percent of one day’s pay at scale (not your guarantee) for each day of violation until you receive the required two days off. However, penalties may be based on your guarantee if so specified in your deal memo.
Producers may negotiate a “buy-out” of the penalty, and
the terms have to be stated in your deal memo. If you are being
paid at least 25 percent over scale, the “buy-out” is
automatic.
Since there are over 50 different agreements on the West Coast alone,
and the East Coast has its own agreements, please check with Catherine
Cusimano on the West Coast and Annie Ballard or Paul Moore in the
East to learn if you fall under these rules.
We in editorial are not known for being bean counters––but we sure should be day counters!