fyi SAG-AFTRA
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MARCH 17, 2023
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Important Notice Regarding Potential Settlement of COVID Testing on Fitting Day Claims – Action Required to Receive Payment |
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In
the Return to Work Agreement between various unions, including
SAG-AFTRA, and the Producers, a performer or background performer who
travels outside his/her home to undergo a COVID-19 test on a day in
which the individual does not work for the producer is entitled to be
paid a COVID-19 testing stipend if the performer or background actor is
not otherwise paid for the day. Based on this language, Producers have
not paid performers and background actors a COVID-19 testing stipend on
testing days on which they are also paid for a wardrobe
fitting. SAG-AFTRA disagrees with this position and previously filed
claims and demands for arbitration against multiple production
companies.
SAG-AFTRA
is in the process of resolving those claims with a number of Producers.
While arbitration of the claims remains possible, the terms of the
settlement agreement are being discussed. An agreement is contingent
upon the union first sending this notice to all potentially affected
performers and further requiring that any performers receiving this
notice who believe that they are entitled to payment submit the form at
the following link for each instance within the next 28 days:
sagaftra.org/testing-fitting-
You should submit a separate
claim form for each date that all of the following conditions were met,
provided that the date falls between the dates of September 21, 2020
and March 17, 2023:
(i) you
traveled outside your home to undergo a COVID-19 test on the same day
as a fitting for a production identified on the claim form; and
(ii) you were not paid the COVID testing stipend; and
(iii) you
did not work for that production on that same day and were not
otherwise paid for the day. Note: Although SAG-AFTRA and the Producers
disagree on this issue, the parties have agreed that solely for the
purpose of this settlement, a fitting fee is not considered to be
payment “for the day.” However, if you were paid a day rate or were
being paid under a weekly or freelance contract and the pay period
covered the date of the test, you should not submit this form. You also
should not submit a claim form if you received a travel allowance on
that day.
All submissions of the form must be received before 5 p.m. PT on April 14, 2023.
Any
forms received after 5 p.m. PT on April 14, 2023 will not be processed,
based on the terms of the settlement being negotiated. Any performer
having a claim under this potential settlement who does not submit a
form by this date and time will be deemed to have waived their claim.
All forms submitted before 5 p.m. PT on April 14, 2023 will be subject to verification by SAG-AFTRA and the Producer.
Per
the settlement terms under discussion, all performers who have
submitted a form before 5 p.m. PT on April 14, 2023 and whose claim is
verified by both SAG-AFTRA and the Producers participating in the
settlement will be paid the stipend if all other conditions of the
settlement are met. If any Producers elect to opt out of the settlement,
SAG-AFTRA will pursue claims against those Producers through
arbitration.
Should you have any questions or concerns about the claim or the payments being made as a result of it, please email LegalSettlements@sagaftra.org.
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