Dear Member,
In the Return to Work Agreement between various unions, including SAG-AFTRA, and producers including Apple Studios, LLC (“Apple Studios”), a performer or background actor who travels outside their 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, Apple Studios did not previously pay some performers and background actors a COVID-19 testing stipend on testing days on which they are also paid for a wardrobe fitting, and Apple was not part of prior settlement agreements concerning this contractual dispute. SAG-AFTRA disagrees with Apple’s position and previously filed claims and demands for arbitration against multiple production companies, including Apple.
SAG-AFTRA is in the process of resolving those claims with Apple Studios. While arbitration of the claims remains possible, the terms of the settlement agreement are being discussed. The terms being discussed are confidential, but an agreement is contingent upon the union first sending this notice to all potentially affected performers and background actors for Apple Studios during when the RTWAs were in effect and further requiring that any performers receiving this notice who believe that they are entitled to payment from Apple Studios submit the form at the following link for each instance within the next 20 business days: sagaftra.org/settlement-agreement.
You should submit a separate claim form for each date that all of the following conditions were met on an Apple Studios production, provided that the date falls between the dates of September 21, 2020, and May 12, 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 Apple Studios 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 12 noon PT on March 29, 2024.
Any forms received after 12 noon PT on March 29, 2024, 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. This form applies solely to claims against Apple Studios. No action will be taken for forms submitted against other studios in response to this announcement.
All forms submitted before 12 noon PT on March 29, 2024, will be subject to verification by SAG-AFTRA and Apple Studios.
Per the settlement terms under discussion, all performers who have submitted a form before 12 noon PT on March 29, 2024, and whose claim is verified by both SAG-AFTRA and Apple Studios will be paid the stipend if all other conditions of the settlement are met. If Apple Studios elects not to finalize the settlement, SAG-AFTRA will pursue claims against Apple Studios 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.