DGA INTRODUCTION...............................................................................................................................................................1 Minimum Staffing Requirements......................................................................................................................1 Second Unit Work...........................................................................................................................................1 Distant Locations............................................................................................................................................1 Deal Memorandum .........................................................................................................................................1 BASIC AGREEMENT (7/1/08 - 6/30/11) .............................................................................................................................2 Directors - Minimum Rates 7/1/08 - 6/30/11 ..............................................................................................................2 Theatrical Motion Pictures...............................................................................................................................2 Free Television Pictures..................................................................................................................................3 Network Prime Time..............................................................................................................................3 Non-Network or Network Non-Prime Time..............................................................................................3 Pilot and Spinoff Films ....................................................................................................................................4 Network Prime Time..............................................................................................................................4 Non-Network/Network Non-Prime Time (Base).......................................................................................4 De Facto Pilot.................................................................................................................................................4 Series Without Pilot.........................................................................................................................................5 Series Bonus ..................................................................................................................................................5 Development Services ....................................................................................................................................5 Presentations .................................................................................................................................................5 Location Shoots for Multiple Episodes of Dramatic Series .........................................................................................5 Excerpts From a Free Television Program ................................................................................................................5 Excerpt from a Theatrical Motion Picture .........................................................................................................6 Theatrical Motion Picture Excerpt Used in Magazine or Documentary ..............................................................6 Theatrical Motion Picture Excerpt Used in Interactive Programs.......................................................................6 Recap Fee......................................................................................................................................................6 Flashback Fee................................................................................................................................................6 Unit Production Managers, Assistant Directors and Technical Coordinators...............................................................7 Minimum Rates - UPMs & ADs 7/1/08 - 6/30/11...............................................................................................7 Term Contracts...............................................................................................................................................7 AD/UPM Combination.....................................................................................................................................7 Minimum Rates - Technical Coordinators 7/1/08 - 6/30/11................................................................................7 Production Fee ...............................................................................................................................................7 Daily Rate for Employees Employed on a Daily Rate .......................................................................................8 WORKING CONDITIONS..................................................................................................................................................8 Preparation Time ............................................................................................................................................8 Replacement ..................................................................................................................................................9 Overtime - Assistant Directors and UPMs .................................................................................................................9 Work On Two Calendar Days in Single Shift..................................................................................................10 Distant Location Incidental Allowance............................................................................................................10 Holidays, Sixth and Seventh Days Worked ....................................................................................................10 Directors .............................................................................................................................................10 Assistant Directors, UPMs and Technical Coordinators.........................................................................10 Holidays Not Worked...........................................................................................................................10 Vacation Pay.......................................................................................................................................11 Rest Period ..................................................................................................................................................11 Rest Period Violation ....................................................................................................................................11 Miscellaneous Allowances ............................................................................................................................11 Discharge for Unsatisfactory Performance (Capricious Discharge) .................................................................12 Completion of Assignment Pay......................................................................................................................12 Underwater Work and Air Flight.....................................................................................................................12 Pension, Health and Welfare Plans ...............................................................................................................12 Insurance .....................................................................................................................................................13 Showbiz Labor Guide 2009/2010 Table of Contents DGA - Page I DGA DGA TRAINEE PROGRAM .............................................................................................................................................13 Trainee Hourly and Weekly Rates 7/1/08 - 6/30/11..................................................................................................13 Trainee Rest Period.............................................................................................................................13 FREELANCE LIVE AND TAPE TELEVISION AGREEMENT (7/1/08 - 6/30/11) .................................................................14 Minimum Rates 7/1/08 - 6/30/11 Directors ..............................................................................................................14 Dramatic Programs.......................................................................................................................................14 Variety Programs..........................................................................................................................................15 Segments 7/1/08 - 6/30/11..................................................................................................................16 Quiz and Game Shows .................................................................................................................................16 Quiz and Game Network Prime Time 7/1/08 - 6/30/11 .........................................................................16 Quiz and Game Shows Non-Network/Network Non-Prime Time 7/1/08 - 6/30/11...................................16 Strip Programs..............................................................................................................................................16 Dramatic - Non-Network and Network Non-Prime Time (Per Show) 7/1/08 - 6/30/11 .............................16 Variety - Non-Network or Non-Prime Time (Five Per Week) 7/1/08 - 6/30/11.........................................16 Quiz and Game - Non-Network or Non-Prime Time (5 Per Week) ) 7/1/08 - 6/30/11 ..............................17 All Other Programs - Non-Prime Time 7/1/08 - 6/30/11 ..................................................................................17 Pilots and Spinoff Programs..........................................................................................................................18 Network Prime Time - Dramatic, Variety, Quiz and Game Shows..........................................................18 De Facto Pilot .....................................................................................................................................19 Series Without Pilot .............................................................................................................................19 Series Bonus.......................................................................................................................................19 Associate Directors and Stage Managers................................................................................................................19 Prime Time Dramatic Programs 7/1/08 - 6/30/11............................................................................................19 Other Than Prime Time 7/1/08 - 6/30/11.......................................................................................................20 Preparation Time ..........................................................................................................................................20 Working Conditions ................................................................................................................................................20 Overtime ......................................................................................................................................................20 Single Camera Tape Programs............................................................................................................20 Other than Single Camera Tape Programs...........................................................................................21 Other than Prime Time Dramatic Programs 7/1/08 - 6/30/11 .................................................................21 Sixth and Seventh Day Worked.....................................................................................................................21 Prime Time Dramatic Programs ...........................................................................................................21 Other Than Prime Time Dramatic Programs.........................................................................................21 Holidays .......................................................................................................................................................22 Holidays Not Worked...........................................................................................................................22 Holidays Worked - Director ..................................................................................................................22 Prime Time Dramatic Programs ...........................................................................................................22 Other Than Prime Time Dramatic Programs.........................................................................................22 Holiday and Vacation Pay .............................................................................................................................22 Rest Period ..................................................................................................................................................22 Prime Time Dramatic Programs ...........................................................................................................22 Rest Period Violation ...........................................................................................................................22 Other Than Prime Time Dramatic Programs.........................................................................................23 Distant Location Incidental Allowance............................................................................................................23 Completion of Assignment Pay......................................................................................................................23 Capricious Discharge....................................................................................................................................23 Discharge Without Cause..............................................................................................................................23 Pension, Health and Welfare ..................................................................................................................................23 BASIC CABLE.................................................................................................................................................................24 High Budget Dramatic Programs.............................................................................................................................24 All DGA Employees Except Directors and Second Unit Directors..........................................................24 Page II - Table of Contents DGA Showbiz Labor Guide 2009/2010 DGA SIDELETTER ON PROGRAMS PRODUCED FOR NEW MEDIA......................................................................................25 Derivative New Media Productions .........................................................................................................................25 Staffing Requirements...................................................................................................................................25 Wages, Terms and Conditions ......................................................................................................................25 Original “Made for New Media” Productions ............................................................................................................25 Staffing Requirements...................................................................................................................................25 Wages, Terms and Conditions ......................................................................................................................25 Experimental New Media Productions.....................................................................................................................26 Showbiz Labor Guide 2009/2010 Table of Contents DGA - Page III Notes: Page IV - Table of Contents DGA Showbiz Labor Guide 2009/2010 DGA INTRODUCTION INTRODUCTION The wage scales and working conditions of directors and their immediate subordinates are principally defined by the Directors Guild of America, Inc. (DGA) in two agreements: the Basic Agreement (BA) and the Freelance Live and Tape Television Agreement (FLTTA). The former deals with motion pictures recorded on film, the latter with programs produced live and/or recorded on videotape. Coverage extends to those employees who either work on projects based in the United States and executed in the U.S. or Canada or are employed by producer in the U.S. specifically to work on a production based outside of the U.S. Depending upon the agreement in question, such employees are classified as follows: BASIC AGREEMENT Director Unit Production Manager (UPM) First Assistant Director Second Assistant Director Technical Coordinator FLTTA Director Associate Director (AD) Stage Manager (SM) Minimum Staffing Requirements Unit Production Manager, First Assistant Director, and Second Assistant Director. Second Unit Work Where a second accredited Director is assigned, the First Assistant Director (or a Second Assistant Director at the pay of a First Assistant Director) must also be assigned. If a First Assistant Director is assigned to direct the second unit, a Second Assistant Director (or a First Assistant Director) must be assigned at the rate of the First Assistant Director. Furthermore, First Assistant Director and a Second Assistant Director must be assigned where 20 or more persons are employed to be photographed. Distant Locations An employee's address listed with the Guild is the determining factor in the calculation of distant location pay and benefits. Employer must verify a Guild members address at the time he/she is employed by checking the employment address printed on the membership card. Guild members may only change address once every 12 months. Notice must be in writing and may not go into effect until 60 days after the notice. For employees hired for the first time under the BA or FLTTA Agreements, the Employer must, within three days after employment, obtain documentation of the Employees home address by getting at least one of the following: voter registration, automobile registration, mortgage statement and telephone or other utility bill. Second Assistant Directors not on the qualification list, hired on distant location, may only be hired if residing within a 75 mile radius of the production office (or the location if there is no production office). Otherwise, the Second Assistant Director must be on the qualification list. If a Director is sent outside the United States for photographing of principal photography, then a First Assistant Director will also be employed from the United States unless there is a foreign labor restriction, quota or law prohibits. The Employer will give the Guild prompt written notice where a First Assistant Director cannot be taken due to the foregoing conditions. Deal Memorandum Following the oral confirmation between Employer and a Director, Unit Production Manager (UPM), Assistant Director (AD) or Technical Coordinator (TC) of the rate of compensation and the starting date for proposed employment, the Employer will deliver a "Deal Memorandum" to the Guild and to the Director, UPM, Assistant Director or Technical Coordinator prior to his or her employment. Deal memos can be obtained via DGA's fax-on-demand documents (310) 289-5355. Showbiz Labor Guide 2009/2010 DGA - Page 1 BASIC AGREEMENT DGA BASIC AGREEMENT (7/1/08 - 6/30/11) Directors - Minimum Rates 7/1/08 - 6/30/11 Theatrical Motion Pictures Weekly Rate Type of Picture Low Budget (to $500,000) Medium Budget ($500,000 to $1,500,000) High Budget ($1,500,000+) Term Trailers, Talent Tests & Promos Freelance Shorts & Documentaries * 7/1/08 6/30/09 7/1/09 6/30/10 7/1/10 6/30/11 9,494 9,826 10,170 10,791 15,108 11,169 15,637 11,560 16,184 9,494 10,791 9,826 11,169 10,170 11,560 10,791 11,169 11,560 Guaranteed Employment* Prep Time* Cutting Time*** 8 weeks 2 weeks 1 week 10 weeks 2 weeks 1 week 10 weeks 20 or more out of 26 weeks or any multiple of such 2 weeks 1 week None None 2 days None 1 week and 1 day per film Second Units Same as 1st Unit 1 week or 1 day **** None Guaranteed Period of Employment - In the event of a change or substitution of a Director, the substituting Director will only be guaranteed the unexpired portion of the previous Director’s guarantee, at not less than double minimum compensation for the work performed. ** Preparation time will be added to guaranteed employment period for Directors employed at a weekly salary of double minimum or less who will receive full salary during such preparation time. *** Cutting allowance will also be added to guaranteed employment period for Directors receiving double minimum or less, who will receive full salary during such cutting allowance time. **** One day preparation for one days’ shooting; two days preparation for two or three days shooting; three days’ preparation for four or more days shooting. However, this preparation time requirement will not apply to any unplanned units or emergencies, or where preparation time is not needed because the Director of the second unit work has been working on the production in a different Guild capacity covered by the terms of the BA or FLTTA. Daily Rate - The daily rate for daily employment will be one-fourth of the weekly rate payable for the particular type of picture. The daily pro-rata rate for weekly employment following the guaranteed period will be 1/5 of the Director's weekly rate. Directors may only be employed on daily basis in specific circumstances, such as second units, trailers, added scenes, etc. Page 2 - DGA Showbiz Labor Guide 2009/2010 DGA BASIC AGREEMENT Free Television Pictures Network Prime Time ABC, CBS, NBC and FBC Fee Length 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 Guaranteed Days** 30 min*** 21,791 22,445 23,118 7 (4/3) 60 min*** 37,005 38,115 39,258 15 (8/7) 90 min 25 (13/12) 61,675 63,525 65,431 120 min 103,611 106,719 109,921 42 (27/15) Second Units Same as First Unit* * One day preparation for one days’ shooting; two days preparation for two or three days shooting; three days’ preparation for four or more days’ shooting. However, this preparation time requirement will not apply to any unplanned units or emergencies ** Parenthesis = Days included which need not be consecutive. *** “Supersized” episodes: If a ½ hour or 1 hour prime time episode is extended (“supersized”) up to 15 minutes beyond the usual time period for such a series, director’s initial compensation is to be the regular rate for that time period plus 50% of the difference between that rate and the next highest rate. Three days are added to the guaranteed period for ½ hour series, five days are added for 1 hour series. Non-Network or Network Non-Prime Time Type of Employment/Length of Film Fee Guaranteed Days* (Shooting Prep) 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 Term Contract - 20 of 26 weeks or multiples thereof 7,760 8,032 8,313 None Trailers & Promos - Weekly 7,760 8,032 8,313 See Section 10-110 Trailers & Promos – Daily 1,874 1,940 2,008 See Section 10-110 7 minutes or less 1,940 2,008 2,078 1 day 8 - 15 minutes 9,324 9,650 9,988 16 - 30 minutes 9,324 9,650 9,988 6 days (3/3) 1 hour 18,640 19,292 19,967 6 days (3/3) 90 minutes 27,968 28,947 29,960 12 days (6/6) 91 - 120 minutes 38,939 40,302 41,713 18 days (9/9) 1 day (for each add’l film) 1,769 1,831 1,895 24 days (12/12) Second Units Same as First Unit * Guaranteed days (shooting/prep) time. Total guaranteed days shown are the maximum allowed for the applicable rate. The first number in the parenthesis indicates the maximum number of shooting days allowed within the total number of guaranteed days. (Allowed 2 films during guaranteed period. For third and subsequent film, an additional 3 days pro rata compensation, for which employer will be entitled to an additional 3 consecutive days per film.) Compensation beyond Guarantee - In computing compensation to a Director originally employed on a weekly basis for a fractional week following the guaranteed period, the rate per day will be one-fifth of the Director's weekly rate. Weekly salary is computed by dividing the minimum guarantee per show by the number of days guaranteed and multiplying that amount by 5 days. Showbiz Labor Guide 2009/2010 DGA - Page 3 BASIC AGREEMENT DGA 2nd Unit Director will be compensated at the weekly rate applicable to the program for which he is employed (including pilot or spinoff films), or on a daily basis at ¼ the applicable weekly rate for each day so employed. For a double length episode of an episodic series, a serial Director may be employed at 200% of minimum and 200% of the guaranteed days appearing in the schedule above. For Network Prime Time programs in excess of two hours, the minimum and guaranteed days will be computed at the two-hour rate plus pro rata of the one-hour schedule; and the additional days may be allocated between shooting and preparation time at Employer's discretion. Directors employed under term contract who, during such term, direct a Network Prime Time Show(s) will be adjusted to the Network Prime Time Show rate for the period of time spent in directing such show(s). This is provided, however, that the Employer will be entitled to offset against such an adjustment, all compensations paid under such a contract for the period of time the Director is not assigned to direct any motion picture hereunder. If a television motion picture is produced for Non-Prime Time Network broadcast under a budget equivalent of that of a similar type of television motion picture produced for Network Prime Time broadcast, the Director's salary will be paid at the applicable Network Prime Time rate. Pilot and Spinoff Films In connection with pilots and spinoff episodes for Network Prime Time, the director will be paid the following compensation: Network Prime Time Guaranteed Length ½ hour 1 hour 1½ hours 2 hours Days in excess of maximum 7/1/08 - 6/30/09 61,675 82,231 102,783 143,902 2,581 Fee 7/1/09 - 6/30/10 63,525 84,698 105,866 148,219 2,658 7/1/10 - 6/30/11 65,431 87,239 109,042 152,666 2,738 Days 14 24 34 50 Non-Network/Network Non-Prime Time (Base) Length ½ hour 1 hour 1½ hours 2 hours 7/1/08 - 6/30/09 37,005 49,339 61,670 86,341 Fee 7/1/09 - 6/30/10 38,115 50,819 63,520 88,931 7/1/10 - 6/30/11 39,259 52,343 65,425 91,600 De Facto Pilot If a television series is produced based upon characters in a television program not originally intended as a pilot or spinoff episode, the Director will be paid the difference between the compensation originally paid and the applicable pilot fee set forth above. Only one such payment will be made for any new series. If there is more than one Director entitled to payment, the Guild will determine the allocation. Where a theatrical motion picture is used as a pilot for the sale of a television series (where no actual pilot is produced), the Director of such theatrical motion picture is entitled to additional compensation as set forth above. This provision will not apply where such Director is paid the minimum theatrical rate plus double the minimum television rate for the actual series length. If the Director was paid in excess of the theatrical minimum but less than the theatrical plus double minimum television rate, then the Director will be paid the difference between the amount set forth above and the amount originally paid. Page 4 - DGA Showbiz Labor Guide 2009/2010 DGA BASIC AGREEMENT Series Without Pilot In connection with the first produced film of an open-faced series which is ordered without a pilot, minimum will be 150% of scale. Series Bonus If an open-ended series is sold subsequent to the production of a pilot film in any of the forms above, or if such series is based on a theatrical motion picture, then the Director of the pilot or spinoff of the film introducing the character(s) will be entitled to additional aggregate series bonus payments for each production year as follows: Bonus Length 7/1/08 - 6/30/09 7/1/09 - 6/30/10 ½ hour 3,188 3,300 1 hour 6,374 6,597 90 min. or more 8,498 8,795 Payment is to be made within five days after firm order for production. 7/1/10 - 6/30/11 3,416 6,828 9,103 Development Services If a Director, at the request of an Employer, renders services in supervising development of a screenplay or teleplay (as distinguished from reviewing or commenting upon a completed teleplay) for a prime time dramatic program of 90 minutes or longer with the option to direct, and if such option is not exercised or if the director is replaced or the production is abandoned, he or she will receive the following compensation at the time a movie or television program based on such screenplay/teleplay is produced, if at all, provided one or more of the writers supervised by such Director in development is accorded writer credit and provided further, the Company realizes revenues from the production. Payments made to the Director in connection with development will apply towards the minimum compensation. Type of Employment Screenplay Teleplay 7/1/08 - 6/30/09 42,494 31,870 Fee 7/1/09 - 6/30/10 43,981 32,985 7/1/10 - 6/30/11 45,520 34,139 Presentations Length 0-15 minutes 16-30 minutes or the applicable pilot fee, if less but in no event less than 7/1/08 6/30/09 22,229 Fee 7/1/09 6/30/10 23,007 7/1/10 6/30/11 23,812 44,463 22,229 46,019 23,007 47,630 23,812 Days 10, 4 must be consecutive 14, 6 must be consecutive Location Shoots for Multiple Episodes of Dramatic Series When a Director directs a scene or scenes from a network prime time one-hour TV show on location, such Director will be paid 150% of the daily rate. If such shooting is in excess of five hours, one day of prep is due. Excerpts From a Free Television Program Employer will pay for each excerpt the following aggregate one-time-only sum to the Director(s) determined by the Guild to be entitled to such compensation and prorated as determined by the Guild. Showbiz Labor Guide 2009/2010 DGA - Page 5 BASIC AGREEMENT DGA Excerpt from a Theatrical Motion Picture Length Excerpt less than 30 seconds 30 sec. - 2 minutes Over 2 Minutes First 2 additional minutes Each additional minute 7/1/08 - 6/30/09 253 723 Fee 7/1/09 - 6/30/10 253 723 7/1/10 - 6/30/11 266 759 723 182 723 182 759 191 Theatrical Motion Picture Excerpt Used in Magazine or Documentary Length 30 seconds or less More than 30 seconds Each add’l minute over first 2 minutes 7/1/08 - 6/30/09 238 683 Fee 7/1/09 - 6/30/10 238 683 7/1/10 - 6/30/11 250 717 170 170 179 Theatrical Motion Picture Excerpt Used in Interactive Programs A one-time only fee of $2,500 is due to Director for excerpts used in interactive programs such as video games. This fee does not cover payments that may be otherwise due for the use of excerpts on DVDs included with board games. Recap Fee $230 for each minute or fraction thereof exceeding 90 seconds when utilizing on a program up to 60 minutes; 120 seconds for programs over 60 minutes. Flashback Fee $230 for each minute or fraction thereof in excess of 30 seconds. Note: Information on director’s holiday, vacation, hazard, 6th and 7th day pay are covered in Working Conditions. Page 6 - DGA Showbiz Labor Guide 2009/2010 DGA BASIC AGREEMENT Unit Production Managers, Assistant Directors and Technical Coordinators Minimum Rates - UPMs & ADs 7/1/08 - 6/30/11 Studio Weekly* 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 UPM 4,313 4,464 4,620 1st AD 4,100 4,244 4,393 Key 2nd AD 2,748 2,844 2,944 Second 2nd AD 2,594 2,685 2,779 Additional 2nd AD*** 1,578 1,633 1,690 Distant Location** UPM 6,040 6,251 6,470 1st AD 5,734 5,935 6,143 Key 2nd AD 3,840 3,974 4,113 Second 2nd AD 3,626 3,753 3,884 Additional 2nd AD*** 2,215 2,293 2,373 * Studio work week - five days. ** Distant Location - seven days (7/5ths of studio rate). *** May not be employed unless a Key Second AD and Second AD or two Key Second ADs are also assigned. Note: For pilots and one-hour dramatic series within their first 2 production seasons, rates will be those in effect during the previous period. Term Contracts A minimum of 23 out of 26 weeks or multiples thereof. AD/UPM Combination (studio or location) = 125% of UPM salary and may only work on one picture at a time. Minimum Rates - Technical Coordinators 7/1/08 - 6/30/11 Fee Type of Employment Days Guaranteed 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 ½ hour show 2,780 2,877 3 2,978 Two ½ hour shows (back to back) 4,875 5,046 5 5,223 Weekly 4,086 4,229 5 4,377 Daily 924 956 1 989 Note: For pilots and one-hour dramatic series within their first 2 production seasons, rates will be those in effect during the previous period. Production Fee Producer will pay a production fee to all UPMs, First Assistant Directors and Key Second Assistant Directors working in conjunction with a shooting unit for all days. Starting with commencement of principal photography or second unit photography, if separate, and continuing until completion of principal photography or second unit photography, as the case may be, the production fee will be calculated on the basis of the weekly amounts set forth below. Production fee will not be payable for those days on which photography is suspended or not in progress by reason of the following circumstances: (1) suspension of production for "force majeure; (2) sixth day in a studio workweek not worked; (3) seventh day in Employee's Showbiz Labor Guide 2009/2010 DGA - Page 7 BASIC AGREEMENT DGA workweek not worked; (4) unplanned interruptions in photography of five consecutive days or more; and (5) interruptions in photography where Producer gives not less than 24 hours advance notice to the employee. The foregoing notwithstanding, in so-called three-camera shows, one day of rehearsal or camera blocking will be added in the computation of the days for which the production fee is payable. Studio Weekly 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 UPM 934 967 1,001 1st AD 759 786 814 Key Second AD 580 600 621 Distant Location UPM 1,114 1,153 1,193 1st AD 934 967 1,001 Key Second AD 759 786 814 * Prorated at 1/5th per day of the Studio work week production fee, including the sixth and seventh day in the employee’s work week. ** Prorated at 1/6th per day of the Distant Location work week production fee, including seventh day worked. Note: For pilots and one-hour dramatic series within their first 2 production seasons, production fees will be those in effect during the previous period. The production fee is not payable to any additional Second AD or additional Second AD. The production fee will be included in the computation of Pension Plan and Health and Welfare Plan payments but will be excluded from all other computations, such as rest period violation payments, completion of assignment pay, etc. Daily Rate for Employees Employed on a Daily Rate Minimum payment will be ¼ of the applicable weekly studio or location rate including ¼ of the applicable production fee. WORKING CONDITIONS Preparation Time Length of Film TV Films* 15 minutes or less in length 16-30 minutes in length inclusive Guaranteed Preparation Days Per Film 1st Assistant Director 2nd Assistant Director 1 ½ days 3 days each 31-60 min. in length inclusive 6 days each 61-90 minutes in length inclusive 91-180 minutes length inclusive Theatrical Features Shorts 10 days each 15 days each 15 days each 2 days each Page 8 - DGA 1 day each 2 days if pilot or 1st episode 2 days each 3 days if pilot or 1st episode 5 days each 7 days each 7 days each 1 day each Showbiz Labor Guide 2009/2010 DGA BASIC AGREEMENT Replacement UPM 1st A.D. 2nd A.D. Only if not already assigned to the show. * 5 Days 5 Days 2 Days In the event a television motion picture or mini series which is shot consecutively has a running time in excess of three hours, then additional preparation time will be allowed as follows: First Assistant Director: two days’ preparation time will be added for each hour of running time in excess of three hours up to a maximum of ten hours; and if the running time exceeds 10 hours, then one day preparation time will be added for each hour of running time in excess of ten. Second Assistant Director: one additional day of preparation for each hour of running time in excess of three hours to a maximum of ten hours of running time. Such above preparation time, where applicable, will be guaranteed only to the first assigned First Assistant Director and the first assigned Second Assistant Director, as the case may be, on any such film. Subject to director’s availability, some non-consecutive days of preparation may be applied to producer’s obligation for TV films 60 minutes or less; see Basic Agreement for details. Overtime - Assistant Directors and UPMs UPM and Additional Second Assistant Director - After 16 hours and for each four-hour period or fraction thereof, payment will be an additional day's salary. First Assistant Director - The workday for a First Assistant Director starts at the general crew call and ends at the time of camera wrap. On distant locations, travel time is added to the end of the workday. Other than Multi-Camera Stage Shows Over 14 hours, but less than 16 hours = ½ day's salary. Over 16 hours, but less than 20 hours = the above plus additional ½ day's salary. In addition to the above, if over 20 hours, a day's salary for each four-hour period or portion thereof. Multi-Camera Stage Shows First Assistant Director - If over 16 hours worked, an additional day's salary for each four-hour period or portion thereof. Second Assistant Directors - The workday for Key Second Assistant Directors and Second Assistant Directors start at the earlier of the general crew call, make-up personnel call or hairdressing personnel call and ends one-half hour after camera wrap in the studio or local location or one hour after camera wrap at a distant location. On distant locations, travel time is added to the end of the workday. Other than Multi-Camera Stage Shows Studio or local location over 13 hours but less than 16 hours = ½ day's salary. Distant location over 14 hours but less than 16 hours = ½ day's salary. Showbiz Labor Guide 2009/2010 DGA - Page 9 BASIC AGREEMENT DGA In addition to the above, if over 16 hours, an additional day's salary for each four-hour period or portion thereof. Work On Two Calendar Days in Single Shift An Assistant Director, UPM or Technical Coordinator who works 14 hours and past 1:00 a.m. into a 6th or 7th day and is not given a 33 hour rest period for 1 day off or 50 hour rest period for two days off is due payment for second calendar day at 6th or 7th day rate as appropriate. Distant Location Incidental Allowance UPMs and Assistant Directors will receive in addition to their current studio rate, a distant location incidental allowance of $18.00 per day, payable at the same time and in the same manner as the per diem allowance. Holidays, Sixth and Seventh Days Worked For the purpose of determining Directors, UPMs, Assistant Directors or Technical Coordinators premium pay for a sixth and/or seventh day worked, an unworked holiday is counted as a day worked. Directors For a sixth day worked in a studio workweek (i.e., either of the two designated days off in an employee’s five-day workweek) the Director is paid the lower of 150% of contracted pro rata daily salary or 200% of scale. However, if the Director is employed on a "flat" deal, said Director is only entitled to one-fifth of contracted weekly salary. Holiday or 7th Day Worked * In addition to base salary. 7/1/08 - 6/30/09 2,710* 7/1/09 - 6/30/10 2,805* 7/1/10 - 6/30/11 *2,903 Travel or scouting on the sixth, seventh or holiday worked in a studio workweek will be compensated by payment of pro rata daily employment only. Directors receiving more than 300% of minimum compensation may agree to waive additional pay for travel. Assistant Directors, UPMs and Technical Coordinators For a sixth day worked in a studio workweek, employee will be paid 150% of gross daily salary if daily employee; or one-fifth of gross weekly salary for weekly employees. For a seventh day worked in an employee's workweek, employee will be paid 200% of gross daily salary if daily employee; or one-fifth of gross studio weekly salary if weekly employee. The production fee, if applicable, will be included in the pro rata calculation for sixth or seventh day worked or holiday pay. Holidays Not Worked As compensation for holidays not worked, freelance or term Assistant Directors, UPMs and Technical Coordinators receive 3.719% of total salary paid during employment. A freelance employee’s payment is due at the end of production; term employees are paid by April 15 in the calendar year subsequent to the calendar year in which such earnings are accumulated, offset by any unworked holidays actually paid. Page 10 - DGA Showbiz Labor Guide 2009/2010 DGA BASIC AGREEMENT For UPMs and ADs working on a single-camera pilot or episode of a one-hour series during the first year of the series, Unworked Holiday pay will be reduced by 50%. Vacation and completion of assignment pay are excluded from this calculation. Vacation Pay Each Assistant Director, UPM and Technical Coordinator will receive 4% of total salary as earned vacation pay upon layoff, dismissal or following a one-year period from the anniversary date of employment, whichever is the earliest. For UPMs and ADs working on a single-camera pilot or episode of a one-hour series during the first year of the series, vacation pay will be reduced to 2%. Rest Period Director: 11 Hours. In the event the time elapsing between wrap on one day and the time the Director is required to be on the set the following day, or the call of the Director of Photography on the following day, whichever is later, is less than 11 hours, Employer will make a contribution to the Directors Guild of America Educational Fund and Benevolent Foundation. $750 for each such incursion into the rest period of the Director, but no payment will be due hereunder unless the Director of Photography receives forced call payment. Assistant Directors, UPMs, Technical Coordinators and Trainees: 9 hours. At the studio and nearby locations, the rest period starts one hour after the company wrap and ends one hour prior to the next shooting call of such shooting unit; for the Second Assistant Director the rest period ends at the earlier of the first make-up call or the general crew call. At distant locations, the rest period starts one hour after the company wrap plus normal travel time from the shooting site to the production office and ends one hour prior to the next company leaving call of such shooting unit. If there has been a permissible upgrading from Second Assistant Director to First Assistant Director or UPM, please refer to Basic Agreement for rulings and example. Rest Period Violation For Assistant Directors, UPMs and Technical Coordinators, additional compensation will be computed as follows: If such rest period is more than 4 ½ hours, he or she will be entitled to receive ¼ day's salary for each hour that such rest period is less than 9 hours. If such rest period is 4 ½ hours or less he or she will be entitled to receive ¼ day's salary for each hour worked from the end of such invaded rest period until commencement of a full nine-hour rest period, deducting from such payment only the actual hours of rest given to Employee during the forced call. For Trainees, rest period violations will be paid at additional straight time for invaded hours or partial hours. Miscellaneous Allowances Distant Location Allowance: $20.00 Dinner Allowance: $28.00 Use of automobile: Current IATSE rate per mile Showbiz Labor Guide 2009/2010 DGA - Page 11 BASIC AGREEMENT DGA Discharge for Unsatisfactory Performance (Capricious Discharge) UPMs, Assistant Directors, Associate Directors and Stage Managers employed for at least three consecutive weeks must receive at least two working days notice of unsatisfactory performance in advance of any discharge other than for cause. If the Employer fails to give this notice and discharges the Employee, the Employer must pay one week and two days salary in addition to any other termination pay due the employee. If over 50% of assignment has been completed, then 3 weeks completion of assignment pay is due. Completion of Assignment Pay Due at the completion of final assignment, payment is based on actual salary (including over scale but excluding production fees and rest period violations). Payment is calculated by totaling all compensation and dividing the total thereof by the number of weeks worked. Freelance, First and Key Second Assistant Directors (excluding additional Second ADs), UPMs and Technical Coordinators receive 1 week's salary for 2 or more consecutive weeks of employment and 22 days pay for less than 2 weeks worked unless employed on a daily basis for less than 5 days. In the case of First and Key Second Ads working on multiple camera shows, such payments received for Hiatus Weeks during the course of the season will be treated as salary and subject to pension, health, vacation and unworked holiday pay (see Article 24 of the Basic Agreement). These employees are still entitled to non-pensionable COA pay at the conclusion of the season. Calculating Completion of Assignment pay: Add employee’s salary, any over scale payments and paid holidays, then divide by the number of weeks worked. If a partial week, divide by tenths of a week. Example: $14,869 / 6.6 (6 week, 3 day) = $2,257 Pay either the amount calculated or one week’s salary at the highest category assigned, whichever is greater. In the above example, the employee would receive the calculated amount ($2,257). Vacation pay, production fee (if separated), extended pay, 1st period violations and unpaid holidays are not included when calculating completion of assignment pay. Underwater Work and Air Flight Directors and First or Second Assistant Directors receive $170 per flight or dive in connection with a picture being photographed in flight or under water. Pension, Health and Welfare Plans See "Fringes." Pension, Health and Welfare are calculated on the employee’s salary. The term “salary” means the gross salary, excluding the following: Salaries in excess of $200,000 for pension calculation, $250,000 for health & welfare, in connection with any single theatrical motion picture (this ceiling will apply to a Director’s salary payable for theatrical exhibition of a television film); Page 12 - DGA Showbiz Labor Guide 2009/2010 DGA BASIC AGREEMENT A Director’s salary in excess of $200,000 for any one television motion picture in excess of the initial compensation actually paid for such television motion picture or in excess of 250% of applicable minimum compensation, whichever amount is greater. With respect to television motion pictures, all residual compensation will be included until the ceiling is reached, if at all; Vacation, severance or completion of assignment pay; Penalties, allowances, distant location per diem, aircraft flight or underwater work allowances; Cost of transportation or living expenses paid to or on behalf of the Employee; and, Travel insurance. Insurance The company is to provide for all covered employees accidental death and dismemberment insurance in the following amounts: $200,000 (non-air), $250,000 (air) and $350,000 (helicopter) per airplane with seven or less people. DGA TRAINEE PROGRAM Los Angeles based producers will contribute .5% of gross DGA payroll to the DGA Producer Training Program Trust Fund. The Directors Guild has established a Producer Training Plan for training a sufficient number of qualified Assistant Directors and UPMs to meet the needs of the industry. This program provides the methods for placing such qualified persons as Assistant Directors. All such employment will be subject to the following wage scale: Trainee Hourly and Weekly Rates 7/1/08 - 6/30/11 7/1/10 - 6/30/11 7/1/08 - 6/30/09 7/1/09 - 6/30/10 Basic Weekly Basic Weekly Basic Weekly Hourly Guarantee Hourly Guarantee Hourly Guarantee 1st Period* 10.664 651 11.037 673 11.423 697 2nd Period 11.455 699 11.856 723 12.271 749 3rd Period 12.276 749 12.706 775 13.151 802 4th Period 13.097 799 13.555 827 14.029 856 Weekly Guarantee - 54 Cumulative Hours; Minimum Call - 8 hours Time and 1/2 after 40 hours.** * Each period will consist of 100 cumulative days of actual on-the-job training. ** Employees under this schedule will be paid at the scheduled Regular Basic Hourly Rate for the first 40 hours of the workweek and not less than 1½x such basic hourly rate of pay for all time over 40 hours. However, for Employers who absent themselves without the consent of the Employer, payment may be reduced 1/5th of the weekly guarantee for each day of absence. Trainee Rest Period 9 hours from dismissal to next day’s call time. Invaded hours to be paid at addition straight time or portion thereof. Showbiz Labor Guide 2009/2010 DGA - Page 13 VIDEOTAPE (FLTTA) DGA FREELANCE LIVE AND TAPE TELEVISION AGREEMENT (7/1/08 - 6/30/11) Minimum Rates 7/1/08 - 6/30/11 Directors Dramatic Programs Program Type and Running Time Fee Included Days* NETWORK PRIME TIME 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 0-15 minutes 4 14,168 14,593 15,031 16-30 minutes 21,791 22,445 23,118 7 (1) 31-60 minutes*** 37,005 38,115 39,258 15 (2) 61-90 minutes*** 61,675 63,525 65,431 25 (4) 91-120 minutes** 103,611 106,719 109,921 42 (7) NON-NETWORK OR NETWORK NON-PRIME TIME (HIGH BUDGET) 0-15 minutes 3 4,659 4,822 4,991 16-30 minutes 8,871 9,181 9,502 6 (1) 31-60 minutes*** 16,308 16,879 17,470 12 (2) 61-90 minutes*** 26,066 26,978 27,922 24 (4) 91-120 minutes** 31,367 32,465 33,601 25 (5) NON-NETWORK OR NETWORK NON-PRIME TIME (LOW BUDGET) 0-15 minutes 2 2,320 2,401 2,485 16-30 minutes 4 3,988 4,128 4,272 31-60 minutes*** 5 4,622 4,784 4,951 61-90 minutes*** 6 5,875 6,081 6,294 91-120 minutes** 7 7,065 7,312 7,568 * Parenthesis = Included days which need not be consecutive. ** For programs in excess of two hours, the minimum and included days will be computed at the two hour rate plus a proration of the one-hour schedule for any such time in excess of two hours. *** “Supersized” episodes: If a ½ hour or 1 hour prime time episode is extended (“supersized”) up to 15 minutes beyond the usual time period for the series, director’s initial compensation is to be the regular rate for that time period plus 50% of the difference between that rate and the next highest rate. Three days are added to the guaranteed period for ½ hour series and all non-network or non-primetime series; five days are added for prime time network 1 hour series. Example: For an episode of a prime time ½ hour series that runs 34 minutes, director’s compensation is as follows: 30-minute rate + {(60-minute rate - 30-minute rate) X 50%} $22,445 Page 14 - DGA + {( $38,115 - $22,445 ) X 50%} = $30,280 Showbiz Labor Guide 2009/2010 DGA VIDEOTAPE (FLTTA) Variety Programs This category includes specials such as beauty pageants and awards programs. Also included are parades for which broadcast rights are purchased and which include variety acts employed by and staged by the Company. Other parades are classified as "All Other." The following rates will also apply to the overall Director of "reality-type" programs of the type of "Real People" and "That's Incredible". Program Type and Length Fee Include d Days* NETWORK PRIME TIME VARIETY SERIES 7/1/08 - 6/30/09 7/1/09 - 6/30/10 0-15 minutes 4,985 5,159 16-30 minutes 7,660 7,928 31-60 minutes** 13,279 13,744 61-90 minutes*** 26,566 27,496 Over 90 minutes 30,655 31,728 NETWORK PRIME TIME VARIETY SPECIAL 0-30 minutes 16,796 17,384 31-60 minutes** 28,518 29,516 61-90 minutes** 47,527 49,190 Over 90 minutes 68,783 71,190 NON-NETWORK OR NETWORK NON-PRIME TIME VARIETY (HIGH BUDGET) 0-15 minutes 3,168 3,279 16-30 minutes 4,860 5,030 31-60 minutes** 7,024 7,270 61-90 minutes** 9,189 9,511 Over 90 minutes 12,987 13,442 NON-NETWORK OR NETWORK NON-PRIME TIME VARIETY (LOW BUDGET) 0-15 minutes 2,242 2,320 16-30 minutes 3,443 3,564 31-60 minutes** 4,466 4,622 61-90 minutes** 5,676 5,875 Over 90 minutes 6,826 7,065 * Parenthesis = Included days which need not be consecutive. ** 7/1/10 - 6/30/11 $5,340 $8,205 $14,225 $28,458 $32,838 3 5 (1) 9 (2) 18 (4) 24 (5) 52,694 76,261 52,694 76,261 10 (2) 18 (4) 36 (8) 48 (10) 3,513 5,388 7,787 10,189 14,399 3 6 (1) 9 (2) 14 (4) 18 (5) 2,485 3,818 4,951 6,294 7,568 2 4 5 6 7 “Supersized” episodes: If a ½ hour or 1 hour prime time episode is extended (“supersized”) up to 15 minutes beyond the usual time period for the series, director’s initial compensation is to be the regular rate for that time period plus 50% of the difference between that rate and the next highest rate. Three days are added to the guaranteed period for ½ hour series and all non-network or non-primetime series; five days are added for prime time network 1 hour series. Example: For an episode of a prime time one-hour variety series that runs 67 minutes, director’s compensation is: 60-minute rate + {(90-minute rate - 60-minute rate) X 50%} $13,744 + Showbiz Labor Guide 2009/2010 {( $27,496 - $13,744 ) X 50%} = $20,620 DGA - Page 15 VIDEOTAPE (FLTTA) DGA Segments 7/1/08 - 6/30/11 Fee Included Days 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 Less than 5 minutes by an add'l Director 1,782 1,844 1,909 1 NOTE: If segment is equal to one half or more of the entertainment portion the Director will receive the applicable minimum for the program. Length Quiz and Game Shows Quiz and Game Network Prime Time 7/1/08 - 6/30/11 Program Length (including FBC) 0-15 minutes 16-30 minutes 31-60 minutes 61-90 minutes 7/1/08 - 6/30/09 2,553 3,916 5,051 5,816 Fee 7/1/09 - 6/30/10 2,642 4,053 5,228 6,020 7/1/10 - 6/30/11 2,734 4,195 5,411 6,231 Included Days 2 3 4 5 Quiz and Game Shows Non-Network Prime Time 7/1/08 - 6/30/11 Program Length 0-15 minutes 16-30 minutes 31-60 minutes 61-90 minutes 7/1/08 - 6/30/09 2,427 3,733 4,819 5,538 Fee 7/1/09 - 6/30/10 2,512 3,864 4,988 5,732 7/1/10 - 6/30/11 2,600 3,999 5,163 5,933 Included Days 2 3 4 5 Strip Programs Dramatic - Non-Network and Network Non-Prime Time (Per Show) 7/1/08 - 6/30/11 Program Length 0-15 minutes 16-30 minutes 31-60 minutes 7/1/08 - 6/30/09 1,426 2,191 3,819 Fee 7/1/09 - 6/30/10 1,469 2,257 3,934 7/1/10 - 6/30/11 1,513 2,325 4,052 Included Days 1 2 3 Variety - Non-Network or Non-Prime Time (Five Per Week) 7/1/08 - 6/30/11 Program Length 0-15 minutes 16-30 minutes 31-60 minutes Over 60 minutes Page 16 - DGA 7/1/08 - 6/30/09 3,899 6,003 7,464 8,807 Fee 7/1/09 - 6/30/10 4,035 6,213 7,725 9,115 7/1/10 - 6/30/11 4,176 6,430 7,995 9,434 Included Days 3 6 7 8 Showbiz Labor Guide 2009/2010 DGA VIDEOTAPE (FLTTA) Quiz and Game - Non-Network or Non-Prime Time (5 Per Week) ) 7/1/08 - 6/30/11 Fee Program Length 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 0-15 minutes 3,816 3,950 4,088 16-30 minutes 5,875 6,081 6,294 31-60 minutes 6,938 7,181 7,432 Over 60 minutes 8,003 8,283 8,573 The minimum fee for a replacement Director will be one-fourth of the applicable five-time-a-week fee. Included Days 3 6 7 8 A Director who is employed on a basis other than five times per week will receive a percentage of the applicable five per week rate as follows: Number of Programs Applicable % 1 per week 40% 2 per week 60% 3 per week 75% 4 per week 85% 6 per week 120% 7 per week 140% All Other Programs - Non-Prime Time 7/1/08 - 6/30/11 7/1/08 - 6/30/09 5 MINUTES OR LESS 1 Per Week 611 2 Per Week 972 3 Per Week 1,175 4 Per Week 1,341 5 Per Week 1,478 6 Per Week 1,578 7 Per Week 1,687 OVER 5 MINUTES TO 10 MINUTES 1 Per Week 922 2 Per Week 1,229 3 Per Week 1,539 4 Per Week 1,833 5 Per Week 2,098 6 Per Week 2,298 7 Per Week 2,504 OVER 10 MINUTES TO 15 MINUTES 1 Per Week 1,281 2 Per Week 1,934 3 Per Week 2,451 4 Per Week 3,077 5 Per Week 3,588 6 Per Week 3,842 7 Per Week 4,079 OVER 15 MINUTES TO 30 MINUTES 1 Per Week 3,077 2 Per Week 4,085 Showbiz Labor Guide 2009/2010 7/1/09 - 6/30/10 7/1/10 - 6/30/11 632 1,006 1,216 1,388 1,530 1,633 1,746 654 1,041 1,259 1,437 1,584 1,690 1,807 954 1,272 1,593 1,897 2,171 2,378 2,592 987 1,317 1,649 1,963 2,247 2,461 2,683 1,326 2,002 2,537 3,185 3,714 3,976 4,222 1,372 2,072 2,626 3,296 3,844 4,115 4,370 3,185 4,228 3,296 4,376 DGA - Page 17 VIDEOTAPE (FLTTA) DGA 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 3 Per Week 4,596 4,757 4,923 4 Per Week 5,256 5,440 5,630 5 Per Week 5,875 6,081 6,294 6 Per Week 6,376 6,599 6,830 7 Per Week 6,884 7,125 7,374 OVER 30 MINUTES TO 45 MINUTES 1 Per Week 3,326 3,442 3,562 2 Per Week 4,340 4,492 4,649 3 Per Week 5,103 5,282 5,467 4 Per Week 5,778 5,980 6,189 5 Per Week 6,396 6,620 6,852 6 Per Week 6,896 7,137 7,387 7 Per Week 7,416 7,676 7,945 OVER 45 MINUTES TO 60 MINUTES 1 Per Week 4,145 4,290 4,440 2 Per Week 4,926 5,098 5,276 3 Per Week 5,700 5,900 6,107 4 Per Week 6,370 6,593 6,824 5 Per Week 6,987 7,232 7,485 6 Per Week 7,500 7,763 8,035 7 Per Week 8,017 8,298 8,588 OVER 60 MINUTES - Applicable hourly rate plus rate for each add'l half-hour 1 Per Week 1,065 1,102 1,141 2 Per Week 849 879 910 3 Per Week 1,104 1,143 1,183 4 Per Week 1,108 1,147 1,187 5 Per Week 1,117 1,156 1,196 6 Per Week 1,123 1,162 1,203 7 Per Week 1,137 1,177 1,218 MINIMUM DAILY RATE Non Prime Time 890 921 953 NOTE: All other programming in prime time will be paid at 150% of the above schedule. These rates will also be used for segments of reality type programs of the type “Real People” and “That’s Incredible.” Pilots and Spinoff Programs Network Prime Time - Dramatic, Variety, Quiz and Game Shows % of Applicable Program Fee For % of Applicable Included Days For Program Length Program Type Type ½ Hour 285% 200% 1 Hour 220% 165% 1½ Hour 170% 135% 2 Hours 140% 120% For each additional hour over 2 hours, the applicable Network Prime Time program minimum rates based on the one hour rate will be payable. Days in excess of maximum will be prorated to actual salary but no less than 200% of applicable rate for additional days. For all other pilots and spinoffs the Director will be paid no less than 100% of the applicable program fee. If pilot or spinoff is subsequently aired, Director will receive an additional 100%. Page 18 - DGA Showbiz Labor Guide 2009/2010 DGA VIDEOTAPE (FLTTA) De Facto Pilot If a television series is produced based upon characters in a television program not originally intended as a pilot or spinoff episode, the Director will be paid the difference between the compensation originally paid and the applicable pilot fee set forth above. Only one such payment will be made for any new series. If there is more than one Director entitled to payment, the Guild will determine the allocation. Where a theatrical motion picture is used as a pilot for the sale of a television series (where no actual pilot is produced), the Director of such theatrical motion picture is entitled to additional compensation as set forth previously. This provision will not apply where such Director is paid the minimum theatrical rate plus double the minimum television rate for the actual series length. If the Director was paid in excess of the theatrical minimum but less than the theatrical plus double minimum television rate, then the Director will be paid the difference between the amount set forth previously and the amount originally paid. Series Without Pilot In connection with the first produced film of an open-ended series which is ordered without a pilot, minimum will be 150% of scale. Series Bonus If an open-ended series is sold subsequent to the production of a pilot film in any of the forms above, or if such series is based on a theatrical motion picture, then the Director of the pilot or spinoff of the film introducing the character(s) will be entitled to additional aggregate series bonus payments for each production year. Program Length 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 ½ hour 3,188 3,300 3,416 2 Per Week 6,374 6,597 6,828 3 Per Week 8,498 8,795 9,103 Associate Directors and Stage Managers Prime Time Dramatic Programs 7/1/08 - 6/30/11 Studio Workweek 7/1/08 - 6/30/09 Salary Production Fee 3,830 709 3,180 667 2,748 - 7/1/09 - 6/30/10 Salary Production Fee 3,964 734 3,291 690 2,844 - Associate Director First Stage Manager Add’l Stage Manager Distant Location Workweek Associate Director 5,358 871 5,546 First Stage Manager 4,442 866 4,597 Add’l Stage Manager 3,840 3,974 Studio workweek = five days (freelance or term) Distant Location workweek = six out of seven days (freelance or term) 901 896 - 7/1/10 - 6/30/11 Salary Production Fee 4,103 760 3,406 714 2,944 - 5,740 4,758 4,113 933 927 - Production fees need not be paid for those days on which shooting is suspended or not in progress due to any of the following circumstances: (I) suspension of production for force majeure; (ii) seventh days not worked; (iii) studio sixth days Showbiz Labor Guide 2009/2010 DGA - Page 19 VIDEOTAPE (FLTTA) DGA not worked; (iv) unplanned interruptions in shooting of 5 consecutive days or more; and (v) interruptions in shooting of which employer gives 24 hours or more advance notice to employees. Other Than Prime Time 7/1/08 - 6/30/11 Fee ASSOCIATE DIRECTORS 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 Daily, 8 hours 559 579 599 Weekly, 40 hours 2,472 2,559 2,649 Daily Flat, 12 hours 751 777 804 Weekly Flat (12 hour days) 3,302 3,418 3,538 STAGE MANAGERS Daily, 8 hours 510 528 546 Weekly, 40 hours 2,279 2,359 2,442 Daily Flat, 12 hours 697 721 746 Weekly Flat (12 hour days) 3,053 3,160 3,271 ASSOCIATE DIRECTORS/STAGE MANAGER COMBINATION (WHERE PERMITTED) Daily, 8 hours 800 828 857 Daily Flat, 12 hours 1,092 1,130 1,170 Preparation time, where applicable, will be guaranteed only to first Associate Director and Stage Manager. Preparation Time A preparation day means a day of employment on which there is no camera blocking, taping or live production. Length # of Programs on which continuing Guaranteed Prep Day(s) of Picture employment is assigned AD SM 15 minutes or less 1 day 1 day 16-30 minutes 1 or more 3 days 2 days 2 or more 2 days 1 day 31-60 minutes 1 or more 5 days 3 days 2 or more 3 days 2 days Over 60 minutes 5 days 5 days Preparation time, where applicable, will be guaranteed only to first assigned Associate Director and Stage Manager. Working Conditions Overtime Single Camera Tape Programs Associate Director - The workday for an Associate Director on camera rehearsal and taping days starts at the general crew call and ends at the end of camera rehearsal or taping. On distant locations, travel time is added to the end of the workday. Over 14 hours but less than 16 = 1½ day's salary. Over 16 hours but less than 20 = 1½ day’s salary plus additional. ½ day's salary. In addition to the above, if over 20 hours, a day's salary for each 4-hour period or portion thereof. Page 20 - DGA Showbiz Labor Guide 2009/2010 DGA VIDEOTAPE (FLTTA) Stage Manager - The workday of a Stage Manager starts at the earlier of the general crew call, make-up personnel call or hairdressing personnel call and ends ½ hour after camera rehearsal or taping ends or 1 hour after camera rehearsal or taping ends at a distant location. On distant locations, travel time is added to the end of the workday. Studio or location over 13 hours, but less than 16 hours = ½ day's salary Distant location over 14 hours, but less than 16 hours = the above plus an additional ½ day's salary. In addition, if over 16 hours, an additional day's salary for each four hour period or portion thereof. On days other than camera rehearsal or taping or if the combined number of Associate Directors and Stage Managers is at least 3, an Associate Director or Stage Manager whose workday exceeds 16 hours will receive an additional day's salary for each four hour period or portion thereof over 16 hours. Other than Single Camera Tape Programs Associate Director and Stage Manager - After 16 hours, and for each four hour period or fraction thereof, payment will be an additional day's salary. Other than Prime Time Dramatic Programs 7/1/08 - 6/30/11 Daily/Weekly - Hours in excess of 8 per day or 40 per week will be paid at 1½ times. Daily/Weekly Flat - Hours in excess of 12 per day or 40 per week will be at the following overtime rates: Flat Overtime (per hour) 7/1/08 - 6/30/09 7/1/09 - 6/30/10 7/1/10 - 6/30/11 Associate Director 104.81 108.56 112.31 Stage Manager 95.63 99.00 102.38 Associate Director/Stage Manager Combined (where permitted) 150.00 155.25 160.69 Weekly and Weekly Flat employees on distant location also receive 8 hours at straight time for each scheduled day off during an out of town assignment provided that no traveling occurs and no work is performed on day off. Sixth and Seventh Day Worked Prime Time Dramatic Programs For each sixth day worked, employees will receive an additional 150% of daily salary or one-fifth of weekly salary. For each seventh day worked, employee will receive 200% of daily salary or one-fifth of weekly salary. Other Than Prime Time Dramatic Programs An employee who works a sixth or seventh day will be paid at time-and-one-half of the pro rata hourly rate for all hours worked on a weekly (flat) with a minimum payment of 150% of a day's pay. Showbiz Labor Guide 2009/2010 DGA - Page 21 VIDEOTAPE (FLTTA) DGA Holidays Holidays Not Worked Holidays not worked are counted as a day worked for salary purposes. Holidays Worked - Director The Director will receive an additional one-half of actual pro rata daily salary for holiday worked. Prime Time Dramatic Programs Holidays worked in Studio = 200% of daily salary. Holidays worked Distant Location = 1/5th of Studio Weekly salary. Other Than Prime Time Dramatic Programs If a holiday is worked, the Associate Director or Stage Manager will receive an additional ½ of actual pro rata daily salary including production fees if applicable. Holiday and Vacation Pay Holiday Pay - 3.719% of annual compensation. Vacation Pay - 4% of total salary (due at end of assignment). Rest Period Prime Time Dramatic Programs 9 Hours. At the studio and nearby locations, the rest period starts one hour after company wrap and ends one hour prior to the next shooting call of such shooting unit; for the Second Assistant Director the rest period ends at the earlier of the first make-up call or the general crew call. At distant locations, the rest period starts one hour after the company wrap plus normal travel time from the shooting site to the production office and ends one hour prior to the next company leaving call of such shooting unit. Rest Period Violation There will not be deemed to be any invasion of rest period unless such rest period, as defined previously, is less than nine hours. If such rest period is less than nine hours, additional compensation will be computed as follows: a) If such rest period is more than 4 ½ hours, he or she will be entitled to receive ¼ day's salary for each hour that such rest period is less than 9 hours. b) If such rest period is 42 hours or less he or she will be entitled to receive ¼ day's salary for each hour worked from the end of such invaded rest period until commencement of a full nine-hour rest period, deducting from such payments only actual hours of rest given to employee during the forced call. Page 22 - DGA Showbiz Labor Guide 2009/2010 DGA VIDEOTAPE (FLTTA) Other Than Prime Time Dramatic Programs 9 hours - If rest period is less than 9 hours, the Associate Director and Stage Manager will be entitled to time and one-half for each hour, computed in quarter hour segments. For employees on a daily flat or weekly flat rate, additional payment will be equal to one-third of the applicable overtime rate computed in quarter hour segments. Distant Location Incidental Allowance Associate Directors and Stage Managers will receive in addition to their studio rate, a distant location incidental allowance of $16.00 per day, payable at the same time and in the same manner as the per diem allowance. Completion of Assignment Pay Completion of Assignment Pay is based on actual salary paid and will be computed by totaling all compensation earned and dividing the total by number of weeks worked. Production fee and rest period violations are not included in this calculation. All freelance Associate Directors and Stage Managers on Prime Time Dramatic Programs are entitled, upon completion of assignment the following: a) If employed at least four days per week for two or more consecutive weeks, one week's salary or if worked less than two weeks, 2½ day's salary; or, b) If employed two or three days per week for at least 3 consecutive weeks, one-twentieth of minimum weekly rate for each day worked since the last layoff up to a maximum equal to the minimum weekly rate. The maximum payable in any single season is six plus the final payment. Capricious Discharge All Associate Directors and Stage Managers employed on a weekly basis for at least 3 consecutive workweeks should be made aware of problems with the performance at least two days prior to being replaced. If such employee is replaced other than for cause, without the 2 days notice, s/he will be entitled to 1 week plus 2 days salary in addition to any other payments due. Discharge Without Cause If an Associated Director or Key Stage Manager who worked 4 or 5 days per week has completed 50% of the episodes in a single television series order of 13 or more episodes (excluding options) is replaced without good cause, the Company must pay 3 weeks completion of assignment pay equal to three times 1/20th of the weekly rate for each workday in the consecutive weeks worked, but no more than three times the weekly minimum. Pension, Health and Welfare See Fringe Rates Chapter. Showbiz Labor Guide 2009/2010 DGA - Page 23 BASIC CABLE DGA BASIC CABLE High Budget Dramatic Programs Minimum Rates 7/1/08 - 6/30/11 Directors Length Budget Threshold 7/1/08 - 6/30/09 BA 30 min (<$1.2 M) 476,749 9,324 30 min (>$1.2 M) 476,749 11,760 60 min (<$2 M) 893,904 18,640 60 min (>$2 M) 893,904 23,520 90 min 2,383,744 27,968 91 - 119 min 2,383,744 38,939 2 hours 2,383,744 66,837 FLTTA 16 - 30 min 476,749 8,871 31 - 60 min 893,904 16,308 61 - 90 min 2,383,744 26,066 91 - 120 min 2,383,744 66,837 * Days in parenthesis need not be consecutive. 7/1/09 - 6/30/10 7/1/10 - 6/30/11 Guaranteed Included Days Shoot/Prep 9,650 12,172 19,292 24,343 28,947 40,302 69,176 9,988 12,598 19,967 25,195 29,960 41,713 71,597 3/4 3/4 7/7 7/7 9/9 9/9 27/15 9,181 16,879 26,978 69,176 9,502 17,470 27,922 71,597 6 (1)* 12 (2)* 24 (4)* 27 Shoot, 15 Prep All DGA Employees Except Directors and Second Unit Directors Length ½ hr 1 hr 2 hrs Budget Limitations* % of BA or FLTTA Minimums 428,490 to 665,231 83.5% 803,419 to 1,219,590 83.5% 2,142,450 to 3,880,513 83.5% Each additional hour or portion thereof Over 2 hrs 83.5% 1,219,590 or less * Productions with budget totals in excess of the above limitations are payable at 100% of the BA or FLTTA. All working conditions and employer’s fringe benefit contributions are according to the BA or FLTTA. Page 24 - DGA Showbiz Labor Guide 2009/2010 DGA NEW MEDIA SIDELETTER SIDELETTER ON PROGRAMS PRODUCED FOR NEW MEDIA Derivative New Media Productions A “derivative New Media production” is a production for New Media based on an existing TV motion picture or program covered by either the BA or FLTTA that was originally produced for “traditional” media such as free TV, basic cable or pay TV. Staffing Requirements For derivative productions of BA-covered dramatic shows, a Director must be employed. For derivative productions of FLTTA-covered shows, a Director must be employed except in those situations in which a Director would not be required to be employed if the show were made for free TV. The job is considered separate from any work done on the original production, and a separate deal memo must be submitted to the DGA specifying the salary and terms of employment. UPM’s and Assistant Directors employed on the original production of a BA-covered show may be assigned to the derivative production as part of their regular work day, and such work will count toward triggering overtime on the original production. If a UPM or AD is hired exclusively for a derivative production, then terms and conditions are as set forth below. The same parameters apply to Associate Directors and Stage Managers for FLTTA-covered shows. Wages, Terms and Conditions Many terms and conditions are negotiable, including initial and deferred compensation, if any. However, residuals and excerpt fees may be due for certain uses; see the guild’s New Media Re-Use Sideletter for more information. The Director also must receive a “Directed by” credit on screen if anyone else receives screen credit on the New Media production. Standard Fringe rates apply. Original “Made for New Media” Productions Original “Made for New Media” productions include all motion pictures and programs made for initial distribution on the Internet, mobile devices or any other New Media platform known as of July 1, 2008. Staffing Requirements For original “Made for New Media” productions of motion pictures and dramatic series, a Director must be employed. For original productions of variety programs, quiz and game programs, and all other programs, a Director must be employed except in those situations in which a Director would not be required to be employed if the show were made for free TV. Wages, Terms and Conditions Many terms and conditions are negotiable, including initial and deferred compensation, if any. However, residuals and excerpt fees may be due for certain uses; see the guild’s New Media Re-Use Sideletter for more information. The Director also must receive a “Directed by” credit on screen if anyone else receives screen credit on the New Media production. Standard Fringe rates apply. Showbiz Labor Guide 2009/2010 DGA - Page 25 NEW MEDIA SIDELETTER DGA Experimental New Media Productions Coverage for qualified Experimental New Media Productions is voluntary. To qualify as “Experimental,” a production must: 1.) Be an original New Media production for which the actual cost of production is either: a.) $15,000 or less per minute of program material as exhibited, b.) $300,000 or less per single production as exhibited, or c.) $500,000 or less per series of productions produced for a single order; AND 2.) Not utilize an employee in any DGA-covered category who has previously been employed under a DGA collective bargaining agreement. “Actual cost” consists of all direct costs incurred in connection with the production. There are a limited number of exclusions, such as development costs, overhead charges, financing costs, contingency of up to 10%, cost of the completion bond, marketing expenses, etc. Page 26 - DGA Showbiz Labor Guide 2009/2010
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