Ensuring compliance with labor laws on set, including union regulations, involves several key steps under U.S. law
- Understand Federal and State Labor Laws
– Under U.S. law, the Fair Labor Standards Act (FLSA) sets federal rules for minimum wage, overtime pay, and record-keeping requirements for most employees. Employers must pay nonexempt workers at least $7.25 per hour and provide overtime pay for hours worked beyond 40 per week. However, state laws can offer stronger protections, such as higher minimum wages or stricter overtime rules, which take precedence over federal standards. For example, by the end of 2023, 30 states and Washington D.C. had minimum wage rates exceeding the federal rate, ensuring better pay for workers in those areas.
- Comply with Union Regulations
– To ensure compliance with union regulations in your production, you must first identify the relevant unions based on the roles involved. For example, SAG-AFTRA represents actors and media talent, IATSE covers behind-the-scenes workers like cinematographers and editors, and the DGA represents directors and assistant directors. Once identified, you need to become a signatory to the union’s Collective Bargaining Agreement (CBA). This agreement allows you to hire union members and ensures compliance with union rules regarding wages, working conditions, and benefits. Without signing the CBA, union members are prohibited from working on your production, which could limit access to skilled professionals
- Adhere to Safety Standards
– To ensure compliance with safety standards on film sets, it is essential to follow the Occupational Safety and Health Act (OSHA), which requires employers to provide a safe and healthy workplace. OSHA mandates the implementation of safety programs that include hazard assessments, safety checklists, and regular training for cast and crew. Production companies should develop a clear safety plan, conduct regular safety meetings, and ensure workers are educated on potential risks. In states like California, stricter regulations require an Injury and Illness Prevention Program (IIPP) with specific methods for identifying and correcting hazards. By adhering to these guidelines, filmmakers can reduce accidents, protect workers, and avoid penalties or legal issues.
- Maintain Proper Documentation
– Keep accurate records of work hours, wages, and safety incidents to avoid legal issues and ensure compliance with labor laws.
- Consult Legal Experts
– Engage with employment law firms or legal advisors experienced in film industry labor laws to ensure compliance and address any disputes or grievances.
- Respect Union Jurisdiction
– Be aware that unions can enforce strict rules on set, including the prohibition of non-union workers on union projects, and may shut down sets for non-compliance.
By taking these steps, producers can create a work environment that adheres to labor laws and union regulations while fostering a productive and fair setting for all involved.
