LABOR RELATIONS

What’s New 2018

December 7, 2017

Each year, Cast & Crew prepares a summary of key changes in the areas of labor, employment and payroll administration law. Keeping up with the ever-changing marketplace is crucial to our company when it comes to providing services that our clients rely on. While the What’s New does not provide legal advice, it does seek to alert our clients to the myriad issues and challenges that arise in our industry. 

Minimum Wage Increases

2018 is a big year for state and local minimum wage increases. The following states and cities are increasing their minimum wage rates in 2018:

  • Alaska, $9.80/hour → $9.84/hour (effective 1/1/2018)
  • Arizona, $10.00/hour → $10.50/hour (effective 1/1/2018)
    • Flagstaff, $10.50/hour  → $11.00/hour (effective 1/1/2018)
  • California Small Employers (25 or fewer) $10.00/hour → $10.50/hour (effective 1/1/2018)
  • California Large Employers (26 or more) $10.50/hour  → $11.00/hour (effective 1/1/2018)
    • Berkeley, $13.75/hour → $15.00/hour (effective 10/1/2018)
    • Cupertino, $12.00/hour → $13.50/hour (effective 1/1/2018)
    • El Cerrito, $12.25/hour → $13.60/hour (effective 1/1/2018)
    • Emeryville Small Employers (55 or fewer), $14.00/hour → $15.00/hour (effective 7/1/2018)
    • Emeryville Large Employers (56 or more), $15.20/hour → $15.60/hour (effective 7/1/2018)
    • Los Altos, $12.00/hour → $13.50/hour (effective 1/1/2018)
    • Los Angeles Small Employers (25 or fewer), $10.50/hour → $12.00/hour (effective 7/1/2018)
    • Los Angeles Large Employers (26 or more), $12.00/hour → $13.25 (effective 7/1/2018)
    • Malibu Small Employers (25 or fewer), $10.50/hour → $12.00/hour (effective 7/1/2018)
    • Malibu Large Employers (26 or more), $12.00/hour → $13.25/hour (effective 7/1/2018)
    • Milpitas, $11.00/hour → $12.00/hour (effective 1/1/2018)
    • Mountain View, $13.00/hour → $15.00/hour (effective 1/1/2018)
    • Oakland, $12.86/hour → $13.23 (effective 1/1/2018)
    • Palo Alto, $12.00/hour → $13.50/hour (effective 1/1/2018)
    • Pasadena Small Employers (25 or fewer), $10.50/hour → $12.00/hour (effective 7/1/2018)
    • Pasadena Large Employers (26 or more), $12.00/hour → $13.25/hour (effective 7/1/2018)
    • Richmond with benefits, $10.80/hour → $11.91/hour (effective 1/1/2018)
    • Richmond without benefits, $12.30/hour → $13.41/hour (effective 1/1/2018)
    • San Francisco, $14.00/hour → $15.00/hour (effective 7/1/2018)
    • San Jose, $12.00/hour → $13.50/hour (effective 1/1/2018)
    • San Leandro, $12.00/hour → $13.00/hour (effective 7/1/2018)
    • San Mateo For-profits, $12.00/hour → $13.50/hour (effective 7/1/2018)
    • San Mateo Non-profits, $10.50/hour → $12.00/hour (effective 1/1/2018)
    • Santa Clara, $11.10/hour → $13.00/hour (effective 1/1/2018)
    • Santa Monica Small Employers (25 or fewer), $10.50/hour → $12.00/hour (effective 7/1/2018)
    • Santa Monica Large Employers (26 or more), $12.00/hour → $13.25/hour (effective 7/1/2018)
    • Sunnyvale, $13.00/hour → $15.00/hour (effective 1/1/2018)
  • Colorado, $9.30/hour → $10.20/hour (effective 1/1/2018)
  • Florida, $8.10/hour → $8.25/hour (effective 1/1/2018)
  • Hawaii, $9.25/hour → $10.10/hour (effective 1/1/2018)
  • Illinois, $8.25/hour (no change)
    • Chicago, $11.00/hour → $12.00/hour (effective 7/1/2018)
    • Cook County, $10.00/hour → $11.00/hour (effective 7/1/2018)
  • Maine, $9.00/hour → $10.00/hour (effective 1/1/2018)
    • Portland, $10.68/hour → Annual Indexing* (effective 7/1/2018)
  • Maryland, $9.25/hour → $10.10/hour (effective 7/1/2018)
    • Montgomery County Small Employers (10 or fewer), $11.50/hour → $12.00/hour (effective 7/1/2018)
    • Montgomery County Medium Employers (11 to 50), $11.50/hour → $12.00/hour (effective 7/1/2018)
    • Montgomery County Large Employers (51 or more), $11.50/hour → $12.25/hour (effective 7/1/2018)
  • Michigan, $8.90/hour → $9.25/hour (effective 1/1/2018)
  • Minnesota Small Employer (less than $500k/year in gross sales), $7.75/hour → $7.87/hour (effective 1/1/2018)
  • Minnesota Large Employer ($500k or more/year in gross sales), $9.50/hour → $9.65/hour (effective 1/1/2018)
    • Minneapolis Small Employers (100 or fewer), $10.25 (effective 7/1/2018)
    • Minneapolis Large Employers (101 or more), $10.00 (effective 1/1/2018)
  • Missouri, $7.70/hour → $7.85/hour (effective 1/1/2018)
  • Montana, $8.15/hour → $8.30 (effective 1/1/2018)
  • New Jersey, $8.44/hour → $8.60/hour (effective 1/1/2018)
  • New Mexico, $7.50/hour (no change)
    • Albuquerque, $8.80/hour → $8.95/hour (effective 1/1/2018)
    • Bernalillo County with benefits, $7.70/hour → $7.85/hour (effective 1/1/2018)
    • Bernalillo County without benefits, $8.70/hour → $8.85/hour (effective 1/1/2018)
    • Las Cruces, $9.20/hour → $9.45/hour (effective 1/1/2018)
    • Santa Fe, $11.09/hour → Annual Indexing (effective 3/1/2018)
  • New York, $10.40/hour (effective 12/31/2017) → $11.10/hour (effective 12/31/2018)
    • Nassau, Suffolk & Westchester Counties, $11.00/hour → $12.00/hour (effective 12/31/2018)
    • NYC Small Employers (10 or fewer), $12.00/hour (effective 12/31/2017) → $13.50/hour (effective 12/31/2018)
    • NYC Large Employers (11 or more), $13.00/hour (effective 12/31/2017) → $15.00/hour (effective 12/31/2018)
  • Ohio, $8.15/hour → $8.30/hour (effective 1/1/2018)
  • Oregon, $10.25/hour → $10.75/hour (effective 7/1/2018)
    • Portland Area, $11.25 → $12.00/hour (effective 7/1/2018)
  • Rhode Island, $9.60/hour → $10.10/hour (effective 1/1/2018)
  • South Dakota, $8.65/hour → $8.85/hour (effective 1/1/2018)
  • Vermont, $10.00/hour → $10.50/hour (effective 1/1/2018)
  • Washington, $11.00/hour → $11.50/hour (effective 1/1/2018)
    • Seattle Large Employers without benefits (501 or more), $13.50/hour → $15.00/hour (effective 1/1/2018)
    • Seattle Large Employers with benefits (501 or more), $11.50/hour → $15.00/hour (effective 1/1/2018)
    • Seattle Small Employers (500 or fewer), $13.00/hour → $14.00/hour (effective 1/1/2018)
    • Tacoma, $11.15/hour → $12.00/hour (effective 1/1/2018)
  • Washington DC, $12.50/hour → $13.25/hour (effective 7/1/2018)

*Annual indexing is the linking of wages to the Consumer Price Index. By linking the minimum wage to the actual cost of living, the minimum wage rate is insulated from inflation. The idea is to protect the value of the minimum wage and the low-wage earners who rely on it. State and Local Labor Departments generally announce the index and inflation-adjusted minimum wage within six months of the new minimum wage becomes effective.

Family Leave Laws

New York Passes Family Leave Law, Effective Jan. 2018

Effective Jan. 1, 2018, New York employees are eligible for up to eight weeks of pay, benefits and job-protected leave per year through New York’s new Paid Family Leave Law. Leave is permitted to bond with a new child, care for a loved one with a serious health condition or to help relieve family pressures when someone is called to active military service. Employees with a regular work schedule of 20 or more hours per week are eligible after 26 consecutive weeks of work, and employees with a regular work schedule of fewer than 20 hours per week are eligible after 175 days worked. The duration of leave and benefits amount are set to increase from eight weeks of pay at 50 percent of employee’s average weekly wage to twelve weeks of pay at 67 percent of employee’s average weekly wage annually through 2021. Compensation is funded exclusively through employee contributions in the form of payroll deductions. In 2018, the deduction rate is 0.0126 percent of the employee’s weekly wage with a maximum of $1.65 per week. Benefits will be taxable non-wage income and premiums will be deducted from employees’ after-tax wages.

Additional information on the law can be found here.

California Extends Parental Leave, Effective Jan. 2018

On Oct. 12, 2017 California Governor Jerry Brown passed into law Senate Bill 63 which gives 12 weeks of job-protected leave to California parents to bond with their newborns. The new law makes it illegal for companies who employ between 20 and 49 workers – an estimated 16 percent of the labor force – to refuse to grant new parents this leave within the first year of their child’s birth, adoption or foster care placement. Workers become eligible after one year or 1,250 hours on the job. The leave is worker-funded through payroll deductions as part of the state’s disability insurance program. The new law takes effect Jan. 1, 2018.

Additional information and full text of the law can be found here. 

Sick Leave Laws

Washington Enacts Paid Sick Leave Law, Effective Jan. 2018
In Nov. 2016, Washington voters passed Initiative 1433, whose paid sick leave provision goes into effect on Jan. 1, 2018. Under the law, employees accrue one hour of paid sick leave for every 40 hours worked, and accrual begins on the first day of employment. The law covers full- and part-time employees, seasonal employees, and all employees who are not exempt from Washington’s Minimum Wage Act. Importantly, the law includes no limit for how many sick days an employee may accrue in a given year, and unused paid sick leave of 40 hours or less must be carried over to the following year. The law’s requirement to provide paid sick leave applies to all employers regardless of size.

Additional information and full text of the law can be found here.

Rhode Island Passes Paid Sick Leave Ordinance, Effective July 2018

In Sept. 2017, Rhode Island legislature passed The Health and Safe Families and Workplace Act – a bill requiring employers to offer three paid sick days, or 24 hours, per year – beginning in July 2018. The number of days is set to increase to four days, or 32 hours, in 2019 and then five days, or 40 hours, in 2020. Sick leave will accrue one hour for every 35 hours worked. For exempt employees, the calculation will be based on a 40-hour work week. The Act applies to all Rhode Island employers who employ 18 or more employees. Reasons for sick leave under the Act include: caring for an employee’s own mental or physical illness; caring for an employee’s family member’s mental or physical illness; and time needed when an employee or employee’s family member is a victim of domestic violence, sexual assault or stalking. The law goes into effect July 1, 2018.

Additional information and full text of the law can be found here.

Santa Monica Paid Sick Leave Law Increases Accrual Caps, Effective Jan. 2018

Effective Jan. 1, 2018, the accrual caps under the Santa Monica Paid Sick Leave ordinance will increase for eligible employees working for both small businesses (25 or fewer employees) and large businesses (26 or more employees). For employees working for small businesses, the accrual cap will increase from 32 sick leave hours to 40 sick leave hours. For employees working for large businesses, the cap will increase from 40 sick leave hours to 72 sick leave hours. Sick leave hours will continue to accrue at the rate of one hour for every 30 hours worked.

Additional information and full text of the law can be found here.

State & Local Laws

California Passes Employee Retaliation Act, Effective Jan. 2018

Senate Bill 306, which was approved by Governor Jerry Brown in Oct. 2017, eases the burden on employees bringing retaliation claims against their employers. The new law includes several provisions: First, it allows the Labor Commissioner to unilaterally commence an investigation into alleged retaliation – that is, without an employee complaint. Likewise, the law empowers the Labor Commissioner to issue citations directly to employers, eliminating the need to go through the courts. Finally, the law lowers the burden of proof for employees seeking injunctive relief to stop retaliation. Employees must show only that a “reasonable cause” exists to believe that he or she was unlawfully terminated or subjected to adverse action. This is a change from the previous standard that required an employee to prove: that he or she would suffer irreparable harm if no injunction was granted; a likelihood of success on the merits; and that his or her interests in obtaining relief outweighs the harm the defendant suffers as a result. This relaxed standard of proof in combination with the additional grants of power given to the Labor Commissioner make bringing and succeeding on claims of retaliation much easier for employees. The law goes into effect Jan. 1, 2018.

Additional information and full text of the law can be found here.

California Imposes Immigration Regulations on Employers, Effective Jan. 2018

On Oct. 5, 2017, California Governor Jerry Brown signed into law The Immigrant Worker Protection Act (the “Act”) which imposes a series of limitations on employers who are subject to worksite immigration enforcement. The Act prohibits employers from allowing U.S. Immigration and Customs Enforcement (“ICE”) agents to enter non-public worksites without a judicial warrant, and from allowing ICE agents to review or obtain employee records without a subpoena or court order. The Act also imposes several notice requirements. For example, employers must post written notice of an agency’s intent to audit employee records (including I-9 Employment Eligibility Verification forms). In the event of an audit, employers must show employees who were found not to have authorization to work with a copy of their written results. Employers who violate the Act may be subject to civil penalties in the form of fines. The law goes into effect Jan. 1, 2018.

Additional information and full text of the law can be found here.

California Passes Law Protecting Mandating Expanded Sexual Harassment Training, Effective Jan. 2018

On Oct. 15, 2017, Governor Jerry Brown signed Senate Bill 396, which expands on existing California policy requiring sexual harassment trainings in the work place. Under the new law, employers with 50 or more employees must provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position and once every two years, as specified. Under the new bill, sexual harassment trainings must contain components on sexual orientation, gender identity and gender expression. The bill also requires employers to display a poster regarding transgender rights prepared by the California Department of Fair Employment and Housing. The bill becomes effective on Jan. 1, 2018.

Additional information and full text of the law can be found here.

California Passes Law Prohibiting Salary History Inquiries, Effective Jan. 2018

On Oct. 12, 2017, Governor Jerry Brown signed into law Assembly Bill 168, which prevents employers from inquiring into a job applicant’s prior salary history during the hiring process. Nor may an employer rely on information about an applicant’s prior history in determining whether or not to hire an applicant or in determining how much to pay him or her. The law applies to all California employers, both public and private, regardless of size. There are two exceptions to the law: an employer may review and consider salary history information when it’s publicly available, and salary history may be discussed if the applicant voluntarily, and without prompting, discloses this information. The law goes into effect on Jan. 1, 2018.

Additional information and full text of the law can be found here.

Massachusetts Passes Pregnant Workers Fairness Act, Effective April 2018

On July 27, 2017, Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act, which protects women who are pregnant or have pregnancy-related medical conditions from discrimination in the workplace. The law prohibits Massachusetts employers with six or more employees from: denying a reasonable accommodation for an employee’s pregnancy or related condition (including lactation) unless the employer can prove undue hardship; taking adverse action against an employee who makes a request for such accommodations; denying employment opportunities to an employee based on the need to make these accommodations; and knowingly refusing to hire a person who is pregnant in order to avoid these accommodations. The law goes into effect on April 1, 2018.

Additional information and full text of the law can be found here.

Massachusetts Passes Equal Pay Equity Law, Effective July 2018

The Massachusetts Equal Pay Act (“MEPA”), as amended in 2016, will affect all employers in the state. Notably, the law requires that all employees be paid the same for “comparable work,” regardless of gender. This means several things for employers: employers may not discriminate against employees on the basis of gender when it comes to compensation; employers may not reduce wages for the sole purpose of complying with the law; employers may not enter into agreements with employees to circumvent the provisions of the law; employers are forbidden from seeking wage or salary history from a job applicant’s former employers; and employers may not retaliate against employees who take any action when an employer fails to comply with the law. Employers should become familiar with the law’s requirements and correct any imbalances – or face potential legal ramifications – before the law becomes effective in July 2018.

Additional information and full text of the law can be found here.

Oregon Passes Mandatory Retirement Program “OregonSaves” 

Back in 2015, the Oregon legislature passed “OregonSaves,” a law that created a state-run automatic Roth Individual Retirement Account (“IRA”) for private-sector employees. Under the law, Oregon employers with more than 100 workers who don’t already offer a retirement plan are required to sign their employees up for OregonSaves. After enrollment, employees can either default to the five percent contribution rate, or elect a certain percentage of their gross pay to contribute. Contributions are made with after-tax dollars and Pennsylvania company Ascensus will handle the OregonSaves funds. Employers are not required to make contributions under OregonSaves, but they must: register for the program; provide basic information to their employees about the program; and make payroll deductions for participating employees. Official enrollment for the program began in November 2017.

Additional resources for employers can be found here.

Oregon Payroll Tax Funding Transportation Projects Goes into Effect July 2018
On July 1, 2018, residents of Oregon and non-residents performing services in Oregon will be subject to a new payroll tax of 0.1 percent. Residents of Oregon who earn wages outside the state are also subject to the tax. Employers who fail to withhold the tax will be responsible for paying it, along with a $250 fee per unincluded employee, with a cap of $25,000. This payroll tax accompanies other taxes to fund transportation upgrades across Oregon including: taxes on the sale and purchase of motor vehicles and bicycles; a motor fuel tax; and a mileage rate tax.

Additional information and full text of the bill can be found here.

San Francisco Passes Lactation in the Workplace Ordinance, Effective Jan. 2018

In June 2017, San Francisco mayor Ed Lee signed an ordinance increasing protections for nursing mothers who work in San Francisco. The “Lactation in the Workplace Ordinance” expands on federal and state protections by requiring San Francisco employers to provide lactation rooms that meet specific criteria (be clean and safe; have a place to sit; have electricity, a refrigerator and a sink; to name a few); to maintain and display a written lactation policy; and to keep records of employee requests for lactation accommodations. The law goes into effect Jan. 1, 2018, and unless employers can prove undue hardship, they should be prepared to comply.

Additional information and full text of the law can be found here.

Federal Level Changes

U.S. Citizenship and Immigration Services Creates Streamlined Path to Work Authorization

U.S. Citizenship and Immigration Services (“USCIS”) has partnered with the Social Security Administration (“SSA”) to create a single form that allows foreign nationals to simultaneously file for work authorization and a social security number. Effective immediately, applicants need only complete Form I-765, consent to disclosure and provide supporting documentation. USCIS anticipates that applicants who properly submit Form I-765 can expect to receive a social security card within two weeks following the application’s approval.

The new form can be accessed here.

U.S. Equal Employment Opportunity Commission Releases New EE0-1 Form

An updated version of the EEOC’s EEO-1 Reporting Form is due March 31, 2018 and covers the 2017 EEO-1 cycle. The new additions to the form include information on race, ethnicity and gender by occupational category. The stated goal of the new form is for the EEOC to collect data on employer compensation practices and ultimately combat unequal pay on the basis of things like gender and race. Employers should prepare for the additional time, resources and cost that may be associated with complying with the new form’s requirements.

A sample of the revised form can be found here.

NLRB Makes Ruling on Independent Contractor vs. Employee Misclassifications

On Aug. 18, 2017, The National Labor Relations Board (“NLRB”) determined that a group of electronic display operators for the NBA’s Minnesota Timberwolves were employees, not independent contractors. During home games, a crew of 16 workers from a 51-person pool – all with various technical and engineering skill sets – control the video display board displaying live game footage, commercials, replays and other graphic content. In Feb. 2016, the International Alliance of Theatrical Stage Employers filed a petition with NLRB seeking to represent the workers and form a union – but only employees, and not independent contractors, are permitted to unionize. This August, the NLRB ruled in favor of the workers, permitting them to unionize, and thus categorizing them as employees. When evaluating how to classify the workers, the NLRB looks at various factors, including the amount of control by the employer; whether the employer provides the tools necessary for the job; the length of time the worker has provided services to the company; and whether the services provided by the workers are part of the “regular business” of the employer. Ultimately, the NLRB found the workers in this case to be employees under the NLRA. This case serves as an important reminder to employers to be careful when they classify their workers so as not to expose themselves to the NLRB and IRS scrutiny and/or private liability.

The decision can be read here.

Trump Administration Rescinds DACA

On Sept. 4, 2017, the Trump Administration began plans to phase out Deferred Action for Childhood Arrivals (“DACA”). Beginning in 2012, DACA provided work permits and deportation relief for people who came to the U.S. as children without proper immigration documentation. The last new DACA permits and renewals were issued in September and October of 2017, respectively. Current DACA permits will expire at the end of the two-year period, which began at the time of issuance. When it comes time for employers to re-verify employment eligibility, employees who are unable to verify employment eligibility must be terminated. However, in the meantime, terminating or refusing to hire workers based on their authorization documentation may constitute illegal discrimination. Employers should not terminate or refuse to hire workers if the sole reason for termination or refusal to hire is that an employee’s authorization will expire under DACA, because this, too, may constitute illegal discrimination.

Trump Administration Passes the Disaster Tax Relief and Airway Extension Act for Employee Benefit Plans Impacted by Hurricanes Harvey, Irma and Maria

On Sept. 29, 2017, President Trump signed the Disaster Tax Relief and Airport and Airway Extension Act of 2017 (the “Disaster Relief Act”), which provides relief and tax credits for individuals harmed by the hurricanes. Under the Disaster Relief Act, eligible participants whose principal residence was in the disaster area and who suffered economic loss as a result of one of the hurricanes may receive a qualified hurricane distribution (QHD) of up to $100,000. These distributions are exempt from the normal 10 percent tax on early distributions; are subject to 10 percent withholding rather than the usual 20 percent; and are taxable ratably over a three-year period. The Act also provides loan opportunities for affected individuals, allowing them to suspend outstanding loan repayments for up to 12 months. Finally, employers who were affected by the hurricanes may receive an “employee retention credit” for each employee whose principal place of employment was in one of the affected disaster zones.

Additional information and full text of the law can be found here.

Important Court Decisions

Federal Court Judge Strikes Down Obama’s DOL Overtime Rule

On Aug. 31, 2017, Texas District Court Judge Amos Mazzant found that the Department of Labor (DOL) had exceeded its authority in its creation of a new overtime rule that would extend overtime pay to more than four million workers. The rule, which was set to go into effect Dec. 1, 2017, would have required employers to pay overtime to most salaried employees who earn less than $47,476 annually. This ruling is final, which means that employers need not change their overtime policies for now as the 2004 rule, setting $23,660 as the exempt salary threshold, remains in effect. The DOL has the ability to challenge the ruling and increase the threshold though there are no imminent changes at this time.

Seventh Circuit Clarifies Rules for Using Leave Under the Family and Medical Leave Act (“FMLA”) and the American with Disabilities Act (“ADA”)

On Sept. 20, 2017, the Seventh Circuit Court of Appeals answered the question of whether an employee is entitled to take leave under the ADA consecutive to FMLA leave. Answering in the negative, the court noted that the ADA is an antidiscrimination statute, not a medical leave entitlement. In Severson v. Heartland Woodcraft, Inc., the plaintiff used his full 12 weeks of leave under FMLA to deal with serious back pain. On the last day of his leave, he underwent back surgery and requested an additional two-month leave under the ADA. The employer rejected his request and terminated his employment, after which point he sued the employer for violating his rights to reasonable accommodation under the ADA. The Seventh Circuit found no violation, reasoning that reasonable accommodation under the ADA includes only those measures that enable the employee to work. A long-term leave of absence cannot be a reasonable accommodation because it does not permit the employee to perform the essential functions of his job. The Court also noted an employee who cannot work – that is, cannot perform the job’s essential function – is not a “qualified individual” covered by the ADA.

Ohio Supreme Court Upholds Employer Consent Provision

This fall, in Ferguson v. State of Ohio, the Ohio Supreme Court upheld a 2006 law that requires employers to consent to an employee’s voluntary dismissal of a workers’ compensation court appeal filed by the employer. Previously, claimants in a workers’ compensation court appeal could dismiss a complaint, regardless of which party filed the appeal. That meant that a claimant in an employer-initiated workers’ compensation appeal court could unilaterally prolong the appeal process for the sole purpose of guaranteeing the continued receipt of benefits for at least one additional year. This effectively prolonged the resolution of these disputes and placed a financial burden on the courts and on the system as a whole. The decision in Ferguson is meant to alleviate these burdens.

Feature & Television Collective Bargaining Agreements

WGA

Members of the Writer’s Guild of America (WGA) ratified a three-year collective bargaining agreement between the WGA and the Alliance of Motion Picture and Television Producers (AMPTA) in May 2017. The Agreement covers the period of time between May 2, 2017 and May 1, 2020. Under the terms of the Agreement, minimum rates are increased between two percent and 2.5 percent per year depending on profession, effective each May 2.

SAG-AFTRA

On Aug. 7, 2017, SAG-AFTRA members voted overwhelmingly to approve the new 2017 Film and Television Agreement. The agreement went into effect retroactively starting July 1, 2017 and expires June 30, 2020. The new provisions include a guaranteed raise of 2.5-3.0 percent each year the contract is in effect as well as increased pension and retirement contributions of 0.5 percent. AFTRA Network Code expected to be negotiated in 2018.

DGA

Members of the Director’s Guild of America (DGA) have voted, and approved, to ratify the new three-year collective bargaining agreements between the DGA and the Alliance of Motion Picture and Television Producers (“Agreement”). The term of the Agreement shall be for three years, from July 1, 2017 to, and including, June 30, 2020, with the first year’s increases effective as of July 1, 2017. The terms of the new Agreement include wage increases of 2.5 percent in the first year of the Agreement (plus a 0.5 percent increase in employer pension contributions) and three percent in the second and third years, including certain director-category exceptions as well as an outsized wage gain for directors employed on one-hour basic cable programs. The second and third years’ increases are effective as of the anniversary date of the new Agreement’s commencement date.

SAG-AFTRA National Television Show Sheet

On Nov. 1, 2017, SAG-AFTRA released the latest version of its National Television Show Sheet. This document contains the National Television Show Listings which includes: the production title, network, shooting location, and to which guild the contributions should be directed.

This National Television Show Sheet can be found here.

Los Angeles City Fire Department Updates “Spot Check” Form

The Los Angeles Fire Department’s Film Location Fire Safety Inspection Checklist was updated in Oct. 2017. A hard copy of the form must be retained on site alongside a permit at all times. The new version of this form reflects updated Fire Code regulations and is organized differently than previous versions.

A copy of the form can be found here.

SOLUTIONS

The information contained on this page has been abridged from laws, court decisions, news articles and administrative rulings. The preceding information should not be construed or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your labor relations representative

If you have any questions, please email LaborRelations-Questions@castandcrew.com.