SAG-AFTRA Files Amicus Brief in Legal Fight Over Employment Contracts

SAG-AFTRA has filed a “friend of the court” legal brief today in an appeal of a court ruling that could have a profound impact on the working lives of actors. The full brief can be viewed here. 

The case, Twentieth Century Fox Film Corporation, FOX 21, Inc. vs. Netflix, Inc., concerns an employment dispute over the hiring of executives between Netflix and Fox.  Although SAG-AFTRA is not siding with either party in the legal dispute, the case raises important questions about the right of workers to pursue employment opportunities, and the strong protections in California law against employers holding their workers off the market, especially when they are not being compensated for that time. 

The union is urging the appeals court to ensure their ruling doesn’t undermine those key worker rights.  

The portion of the case that concerns SAG-AFTRA members — particularly television series regulars — relates to whether fixed-term employment contracts and option agreements giving employers unilateral rights to extend the term of those contracts can restrict an employee’s ability to seek other employment. Even though California’s legal protections for employees are strong, SAG-AFTRA is concerned that wrongly construed, the ruling could harm crucial legal protections for employees, especially workers, such as actors, who are not high-level, full-time, salaried executives. 

“The television landscape has changed dramatically with the growth of streaming platforms and many more shows in production. In the past, television actors were guaranteed enough work each season to make a decent living. Now, with only 8 or 10 episodes per season, actors are working less and receiving less compensation. These unfair exclusivity restrictions in their contracts preclude actors from taking other work making it nearly impossible to sustain a career,” said SAG-AFTRA President Gabrielle Carteris. 

SAG-AFTRA National Executive Director David White said, “These onerous contract terms that prevent artists from having the ability to work –  in certain cases for up to two years – are outrageous and must change. This amicus brief is an important step in our fight to create a more just work environment for our members and others in this industry.”

Series regular contracts generally include provisions relating to exclusivity and give producers the option (but no obligation)  to unilaterally extend them season-to-season. These provisions prevent actors from taking other work, with some limited exceptions, when they are under contract and between seasons. SAG-AFTRA believes such restrictions, particularly in today’s entertainment landscape, are at odds with California law and does not want the lower court ruling in the Fox/Netflix case improperly applied to its members. The union is also concerned that the court’s ruling could have an even greater negative impact on women and people of color, who have fewer opportunities in the industry to begin with.

Union members fought against overly restrictive studio contracts in the union’s early years, and SAG-AFTRA stands ready to continue the fight. The union will closely monitor this and other cases that impact members.