With the ratification of the 2023 TV/Theatrical Contracts, several new gains have been achieved for background actors.
These wins include a more than 15% compounded wage increase as well as the first-ever A.I. guardrails that ensure informed consent and compensation for everyone. For the first time, the agreement also increases the number of covered positions for background actors in the West Coast Zones to equal those of the East Coast Zones! This change adds 10,700 days of covered background work annually. While SAG-AFTRA endeavors to have national background jurisdiction — similar to Network Television Code for all contracts — we’re pleased to have achieved this important step in the right direction.
Those working under the Network Code also achieved gains. The extension to the 2021–2024 Network Code increased pay for background actors and stand-ins working on non-dramatic programs, daytime serials, variety, quiz, game, reality, talk, news, sports programs and promotional announcements by 11%. Several additional provisions are in place for those who bring film, television and streaming series to life. Let’s take a look at what’s new as well as important things to remember.
GET PAID WHAT YOU’RE OWED
Imagine you’re booked as background talent on a production set on a college campus and the producer asks you to bring several wardrobe items (e.g., yoga pants, skirts, hoodies and cardigans) as “options.” Did you know those options count as “changes,” and you’re entitled to an allowance of $9 per day for the first change and $6.25 for each additional change whether the production uses them or not? This is just one of the many rights background actors have when working under the TV/Theatrical Contracts. Be aware that regardless of the terms producers may use — selections, options, changes, etc. — the result is the same. Applicable wardrobe allowances must be paid for all changes provided, as members cannot be asked nor required to volunteer wardrobe.
Now imagine that same production takes place in the 1970s, and those “options” you’re asked to bring include bellbottoms, tie-dye, platform shoes and ponchos. Since you’re on a period production, that means you’re entitled to an allowance of $27 per day. If you have a police uniform, you’ll be paid $36 per day. Other wardrobe items that entitle you to that $27 per day? Formal attire, a fur, a national dress costume or a uniform other than a police uniform. This is in addition to your background rate.
How Much Glam Can They Require?
Can a production require you to come to set with your hair curled or braided and your makeup full glam? No. The TV/Theatrical Contracts provide that while producers can request background actors to report in ordinary hair and makeup, talent cannot be required to report in extensive or non-ordinary hair and makeup prior to reporting for their call. This means you cannot be given detailed instructions — either attached or contained within booking communication — or be required to watch online videos to style your hair or apply your own makeup in a specific manner.
Instead, you should expect to be given an early call time to enable the production’s hair and makeup department to appropriately style your hair or apply makeup. You can also negotiate with production in advance for additional payment. If you are uncomfortable negotiating directly with production, you can try directing the background casting director to the assigned SAG-AFTRA background business representative for further discussion.
When Your Background Role Gets a Glow-Up
What if you’re asked as a photographic double to memorize and deliver scripted dialogue on camera? Thanks to adjustments made in the 2023 TV/Theatrical Contracts, you’re entitled to an additional $150 adjustment to your base wage for the day. That kind of pay takes center stage!
Stand-Ins Get a Boost
Stand-ins employed on a 30-minute, multicam show required to rehearse or perform in place of a principal performer now receive a $150 increase in their pay. The $150 is an “adjustment,” which means it’s added to your base wage and is pensionable. Nudity and Simulated Sex Prior to hiring background actors, production is required to provide as much information as possible regarding what will be required of the background actor in a nude or simulated sex scene. This includes what the background actor will be wearing, which body parts will be visible, what actions the background actor will be required to perform, and if the background actor will be required to interact with otherindividuals. Background actors digital replica in the TV/Theatrical Contracts.
A “background actor digital replica” is created — only with your consent and 48 hours’ notice — in connection with your employment on a motion picture. You might be asked to participate in the creation of the replica, such as being scanned.
BACKGROUND MINIMUM COUNT
A lot of SAG-AFTRA members have had questions about the background minimum requirements for productions covered by the TV/Theatrical Contracts, especially in the age of digital replicas and A.I. technology.
The new 2023 agreement stipulates that producers cannot use digital replicas to avoid the background coverage numbers.
Those numbers must be filled by humans, which disincentivizes employers from using digital replicas to do work that can be done by the human background actors.
In covered zones, the TV/Theatrical Contracts also require a minimum of 25 covered background positions, excluding swimmers, skaters, dancers and stand-ins, on short- and long-form television motion pictures and 85, excluding swimmers, skaters, dancers and stand-ins, on theatrical motion pictures. Depending on the production’s needs for the day’s call, up to 25 or 85 background actors must be covered. Stand-in actors must not be included in the general background minimum count.
If members become aware that a production is not correctly maintaining the contractually appropriate background-covered positions up to the maximum cap, or stand-in actors are incorrectly being included as fulfilling the minimum background count, please contact the National Background Actors Department.
Members should be aware that reporting enables the union to vigorously enforce the contracts provisions on their behalf and ensures producers adhere to their contractual obligations.
KNOW YOUR CONTRACTS
The best way for the union to protect you is for you to know the union — and the provisions and protections that are negotiated on your behalf in all the contracts. Knowing the provisions and protections guaranteed by your contract is the best way to ensure you are always protected.
For details and more information, visit sagaftra.org/background.
This item originally featured in the 'SAG-AFTRA' summer 2024 magazine issue.