Equity Regulations Print E-mail
The following is a reproduction of Rule 38 and the referenced Rules 52, 16 and 63 of the Actors' Equity Association Agreement and Rules Governing Employment Under the Equity/League Production Contract (June 28, 2004 through June 29, 2008): 38. JUVENILE ACTORS A. The following special provisions shall apply to all Actors who are both under 19 years of age at the time of signing and who have not completed high school:
    1. Juvenile Actor may not be called to understudy or brush-up rehearsals which would intrude on the Actor’s normal school day more than once per calendar week.
    2. Producer shall be responsible for providing services of an accredited or licensed tutor while the company is on tour and during the period of out-of-town tryout or previews at Point of organization during the Actor’s applicable school year until one week following the Official Opening at the Point of Organization.  Tutors shall be required to familiarize themselves with the reasonable and customary schooling requirements of the Juvenile Actors by the first day of rehearsal.
    3. During the rehearsal period, prior to Official Opening at Point of organization or first paid public performance on tour, up to six hours per week of required tutoring must be held during the permitted rehearsal hours.  However, when the Juvenile Actors are rehearsing and/or performing on “10 out of 12” hour days, all required tutoring must be held during the permitted rehearsal hours.
    4. If rehearsals for a juvenile replacement Actor intrude on the Actor’s normal school hours for more than 10 school days prior to Actor’s first paid public performance or Official Opening, whichever is later, then an accredited or licensed tutor shall be offered.
    5. For Juvenile Actors between 16 and 18 years of age, Producer shall use best efforts to schedule publicity assignments in accordance with Rule 52, PHOTOGRAPHS, PUBLICITY AND PROMOTION, so as not to interfere with Actor’s normal school day.  For Juvenile Actors under 16 years of age, see (b) (2) below.
    6. Working Papers.  To the extent working papers may be required by law, a copy of the Juvenile’s working papers must be filed with Equity by the Juvenile’s first day of rehearsal.
B. The following special provisions shall apply to Actors under 16 years of age at the time of signing:
    1. Producer shall provide a responsible person to supervise Juvenile Actors during the rehearsal period and, after the first public performance, from half-hour until Juvenile Actor is called for by a responsible parent or guardian after curtain down.  Such person shall not be assigned any other duty under jurisdiction of Equity or another theatrical craft Union which conflicts with the supervision of Juvenile Actors.
    2. Juvenile Actors under 16 years of age shall be permitted to accept publicity assignments in accordance with Rule 52, PHOTOGRAPHS, PUBLICITY AND PROMOTION, provided such activities do not interfere with the Actor’s normal school day.
    3. A Juvenile Actor may be signed to a Six-Month Term Contract in accordance with Rule 16(G)(1), CONTRACTS.
    4. Whenever Juvenile Actor is required to live away from Actor’s permanent residence as registered with Equity and further provided the Juvenile Actor is traveling with a parent or legal guardian not regularly employed in the production, Producer, in addition to any other payments required, shall pay Juvenile Actor not less than one third of minimum out of town Expense Money required by Rule 63(B).
    5. Dressing Rooms.  If available, separate dressing rooms for male and female Juveniles will be provided and shall be separate from the adult dressing rooms.
C. Chorus Actors under 10 years of age at the time of signing and Actors under 6 years of age at the time of signing playing minor Principal Roles may alternate at the Point of Organization as follows:
    1. After Official Opening at Point of Organization, each Actor will perform up to four performances per week.  Weekly performance salary shall be not less than one-half of minimum salary for actors as set forth in Rule 63(A).  In addition, alternating Juveniles shall receive the full amount of all applicable increments.
    2. Prior to official Opening at Point of Organization, Juvenile Actors shall be paid no less than minimum salary for actors
      as set forth in Rule 63(A).
    3. After Official Opening at Point of Organization, rehearsal hours shall be limited to four per week.  Said rehearsals must be scheduled on the Juvenile’s performance days.  Actors will not be required to work on any day other than a performance day.
    4. Juvenile Actors may be employed as Understudies under this provision with the same terms and conditions as set forth herein.
    5. Except as modified herein, all rules of the Production Contract are applicable.
    6. This provision shall not apply to National and Split-Week tours.
    7. Nothing contained herein shall preclude Actors from alternating at full salary.
52. PHOTOGRAPHS, PUBLICITY AND PROMOTION
(A) Company picture calls, except those held during the authorized rehearsal hours of pre-Point of Organization tryout or dress rehearsals for replacement, shall be limited to four picture calls during the tryout. Thereafter, picture calls occurring outside of regular rehearsal hours (or outside of performance) must be compensated as overtime hours. (See Rule 71 for National and Split-Week tours.) (B) Picture calls may be scheduled after a performance on 24 hours' notice. Such calls may be regarded as rehearsal under terms of Rule 58, REHEARSALS. A picture call, once given, may be canceled on 24 hours' notice should such picture call be canceled with less than 24 hours' notice, available rehearsal time shall be reduced by two hours. This clause shall not be in effect during the tryout period. (C) Subject to the limitations of paragraph (A) above, the Producer may require the Actor to pose not only for customary and usual photographs, but also for photographs to appear in magazines or newspapers for the sole purpose of publicizing and advertising the play, provided said photographing takes place immediately following the matinee or evening performance, during the authorized rehearsal hours of a pre-Point of Organization tryout, or dress rehearsals required for replacements. Notice of a picture call must be given at least 24 hours in advance and must be posted before the final half hour of a performance. If the Producer desires to take pictures at the time auditions are held, such pictures may be taken with the written consent of the Actor, prior to or subsequent to the auditions, but in no event during auditions.
(1) The time during which said photographs may be taken shall not exceed three hours in the case of a dramatic play or four hours in the case of a musical, revue, or spectacular production. The Actor shall have not less than one hour for supper after matinee or the Producer shall, at Producer's own expense, provide the Actor with a meal. If the call takes place after the evening performance, the photo call shall commence within 30 minutes of curtain down and a meal shall be made available to the Actor at the Producer's expense. If the Actor makes a request in advance for a hot or cold meal and if practicable, the Producer shall accommodate Actor's request. (2) If the photographs are taken at a time other than hereinabove specified, or if the limit of hours herein specified is exceeded, or if the limitation of Paragraph (A) above is exceeded, Actor shall be paid not less than the following sums for each hour or part thereof employed on such photographing: Effective Date:
June 28, 2004            $38/hour
June 27, 2005            $39/hour
June 26, 2006            $40/hour
June 25, 2007            $41/hour
(D) In the event the Producer requests a picture call for the purpose of replacing a photograph required to be removed under the provisions of Rule 7(D) or for other reasons resulting from the replacement of an Actor and such picture call involves three or fewer performers, the time and place of such picture call shall be mutually arranged between the Producer and the Actors and such a call shall not be considered a Company picture call under the above Rule. (E) In all cases the Actor's name shall be properly credited in the publicity whenever and wherever the photographs are used. (F) Rehearsal for Live Non-Broadcast Promotional Events. When Actors are required to rehearse a significant amount of new material for live publicity or promotional events (e.g. the Mayor's Inner Circle Benefit) all Actors participating in such rehearsals shall receive not less than the rehearsal overtime rate for each hour or part thereof. (G) The Producer shall reimburse the Actor for all reasonable personal expenses incurred in connection with personal and publicity appearances initiated or required by the Producer. (H) The Producer must obtain the Actor's prior written authorization before the Actor’s picture may be used in conjunction with a commercial product and said authorization must specify the commercial product involved.
(1) If the Actor consents to the use of Actor's name, voice, or photographic likeness, as aforesaid, Actor shall be paid not less than $250 for said use. Actors called to a picture call for the purpose described above, whether said call is at the theatre or elsewhere, shall be paid not less than $150 per hour for said call, but shall be paid no additional sums for the use of pictures taken during said call. (See Rule 69(C) where still photos are utilized to make a commercial.) (2) This requirement shall not apply to the so-called institutional ads similar in type to the department store ads on file at the offices of Equity and the League.
(I) No Actor may be required to pose for nude photographs without Actor's written consent. No nude photographs of an Actor may be used in any way without the written consent of the Actor (See Rule 46, NUDITY.) (J) It is understood and agreed that it is part of the Actor's job to participate in reasonable promotional and/or publicity appearances, as requested by Producer. (K) Non-Broadcast Publicity/Promotional Appearances by Actors in the Production.
(1) In Costume. When Actors participate in live publicity appearances in costume, the Actors shall be paid not less than one-eighth of the weekly minimum salary as set forth in Rule 63(A); (2) No Costume. When Actors participate in live publicity appearances without costumes, no payments shall be required. T-shirts, caps and show jackets shall not be considered a costume for purposes of this provision. However, any clothing purchased by the Producer to be worn by Actor(s) in promotional events, other than T-shirts, caps or show jackets, shall be considered a costume for purposes of this provision. Producer may reasonably request that an Actor appear in Actor's own clothing, excluding “black tie,” without incurring a payment under this provision; (3) If the Stage Manager is requested to attend the live event the Stage Manager will be paid not less than the actors; (4) See also Rule 69(J), Payment far Live Television Promotional Appearances.
(L) Cross Promotions. When Actors employed in a production are asked to do publicity for another production of the same show, they shall be covered by the terms and conditions identified below. It is understood that this paragraph (L) will be applicable only for events that take place outside the Point of Organization and where the event is intended for local press only.
(1) Actor will be paid not less than one-eighth of the Production Contract minimum for each seven out of eight and one-half hour day that the Actor is so engaged. Overtime shall be at the standard overtime rate; (2) All monies paid to Actor (exclusive of minimum out-of-town Expense Money) are subject to dues payments and contributions as required by Rule 49, PENSION FUND AND 401(k) PLAN. No additional Health contribution is required;  (3) When Actor engages in such publicity outside the production's Point of Organization, the Actor shall be provided with single occupancy hotel room at no cost to the Actor plus $40 for food and incidental expenses. Producer shall pay for and arrange all travel. If the publicity engagement is outside the U.S., in addition to hotel and travel at no cost to the Actor, the Actor shall be reimbursed up to $60 for food and incidental expenses;  (4) The terms of this provision will be applicable as of the first paid public performance of the production.
(M) Publicity Appearances By Actors Not Employed in Any Production of the Show. An Actor not employed in any production of the show may perform in a publicity appearance promoting said production in accordance with the terms of (L) above; however, this provision is also applicable at the Point of Organization. In addition, after three days engaged in such publicity, a Health contribution will be made on the Actors behalf as of the fourth day employed. Thereafter, a Health contribution will be required after every six days worked. Said Health contributions will be due whether or not the days worked are consecutive. The Producer will contribute to the Equity-League Pension Fund 8% of all monies (exclusive of minimum out-of-town Expense Money) paid to the Actor. (N) Use of Photographs. See also Rule 7(D). 16. CONTRACT
           
(G) Term Contract.
(1) A Term Contract may be signed only if the salary is at least $150 over the current minimum salary plus required payments for any and all other duties assigned to the Actor for which extra compensation is required under this Agreement. The period of such contract may be for the term or such fixed period as may be agreed by the Producer and the Actor and may include a guarantee of employment in excess of two weeks.
63. SALARIES
(A) Minimum Salary for Performance and Rehearsal.
    (1) Rehearsal salary is the Point of Organization minimum performance salary unless a higher salary is specifically negotiated. (See Rule 58(I) for rehearsals outside Point of Organization.) (2) Performance Salary. Effective Date:

 

6/28/04

6/27/05

6/26/06

6/25/07

Actor

$1,381

$1,422

$1,465

$1,509

SM (Musical)

$2,270

$2,338

$2,408

$2,480

SM (Dramatic)

$1,951

$2,010

$2,070

$2,132

1st ASM (Musical)

$1,795

$1,849

$1,904

$1,961

1st ASM (Dramatic)

$1,594

$1,642

$1,691

$1,742

2nd ASM (Musical)

$1,499

$1,544

$1,590

$1,638

(3) Notwithstanding any individual contract of employment to the contrary, if Actor's weekly contractual salary on June 27, 2004 is $250 or less above the minimum salary for the Actor's category exclusive of all required increments, the Actor's salary will be increased by the dollar amount of the increase in minimum salary for the Actor's category as of June 28, 2004. Similarly, if Actor's weekly contractual salary on June 26, 2005 is $250 or less above the minimum salary for Actor's category exclusive of all required increments, Actor's salary will be increased by the dollar amount of the increase in minimum salary for Actor's category as of June 27, 2005. If Actor's weekly contractual salary on June 25, 2006 is $250 or less above the minimum salary for Actor's category exclusive of all required increments, Actors salary will be increased by the dollar amount of the increase in minimum salary for Actor's category as of June 26, 2006. Finally, if an Actor's weekly contractual salary on June 24, 2007, is $250 or less above the minimum salary for Actor's category exclusive of all required increments, Actor's salary will be increased by the dollar amount of the increase in the minimum salary for Actor's category as of June 25, 2007. (4) Cost of Living Increases.
(a) If the All Urban Consumers, New York- Northeastern New Jersey Cost of Living Index figure for the month of May, 2005, as published by the U.S. Bureau of Labor Statistics is more than 6% higher than such figure for the month of May, 2004, then and in such event, all of the first year minimum salaries specified in paragraph (A)(2) above shall be multiplied by the amount of such excess percentage but in no event by more than 4% and the dollar amounts resulting there from shall be added to the second, third and fourth year minimum salaries specified in paragraph (A)(2). (b) If the All Urban Consumers, New York-Northeastern New Jersey Cost of Living Index figure for the month of May, 2006, as published by the U.S. Bureau of Labor Statistics more than 6% higher than such figure for the month if May, 2005, then and in such event, all of the first year minimum salaries specified in paragraph (A)(2) above shall be multiplied by the amount of such excess percentage but in no event by more than 4% and the dollar amounts resulting therefrom shall be added to the third and fourth year minimum salaries specified in paragraph (A)(2) (as adjusted by the cost of living increase under paragraph (a) hereof if any). (c) If the All Urban Consumers, New York-Northeastern New Jersey Cost of Living Index figure for the month of May, 2007, as published by the U.S. Bureau of Labor Statistics is more than 7% higher than such figure for the month of May, 2006, then and in such event, all of the second year minimum salaries specified in Paragraph (A)(2) above (excluding any cost of living adjustment under paragraph (a) hereof) shall be multiplied by the amount of such excess percentage but in no event by more than 3% and the dollar amounts resulting therefrom shall be added to the fourth year minimum salaries specified in paragraph (A)(2) (as adjusted by the cost of living increase under paragraph (a) and (b) hereof, if any).
(5) Check Cashing on Tour. Producer will make best efforts to make arrangements for Actors to cash paychecks for no charge when Actors are on tour (National, pre-Point of Organization, or Split-Week).
(B) Expense Money
(1) When the Actor is required to be away from the Point of Organization, Actor shall receive, in addition to Actor's own contractual salary, out-of-town Expense Money as follows:
(a) For all engagements in San Francisco and New York, and for engagements of less than four weeks in Boston, Chicago, Los Angeles, Philadelphia and Washington D.C. Effective Date­
June 28, 2004             $819/week ($117 per diem)
June 27, 2005             $819/week ($117 per diem)
June 26, 2006             $833/week ($119 per diem)
June 25, 2007             $854/week ($122 per diem) (b) For all engagements not covered in (a) above: Effective Date
June 28, 2004    $777/week ($111 per diem)
June 27, 2005    $777/week ($111 per diem)
June 26, 2006    791/week ($113 per diem)
June 25, 2007    $812/week ($116 per diem) (c) Should an engagement in Boston, Chicago, Los Angles, Philadelphia, or Washington D.C. that is scheduled for four weeks or longer run for less than four weeks, the rates in (a) above will apply retroactively to the first day in that city. (d) For all lay-offs on National and Split-Week tours that require the payment of Expense Money, the rate applicable for the engagement immediately preceding the lay-off shall be the rate paid for that lay-off. For all lay-offs on pre-Point of Organization productions that require the payment of Expense Money, the rates in (b) above will apply.
(2) On the day of return to Point of Organization or Place of Engagement, in accordance with Rule 73(A)(2), Producer will pay Actor out-of-town Expense Money as follows: (a) if Actor arrives at the destination terminal at or before 2:00 p.m. (local time), Actor will receive 10% of daily Expense Money reimbursement; (b) if Actor arrives after 2:00 p.m., Actor will receive 50% of daily Expense Money reimbursement. (3) Out-of-town Expense Money shall be paid together with salary. If the Actor is away from the Point of Organization for less than a week, the amount so paid shall be pro-rated in accordance with the number of days away from the Point of Organization.
(a) At time of signing, Actor shall declare Actor’s “Tax Home” (as defined by the IRS) to the Producer. (b) Producer shall pay out-of-town expenses in accordance with Federal statutes and regulations regarding withholding and Social Security. Whenever Actor is playing or rehearsing at Actor’s Tax Home and is paid out-of-town Expense Money, such reimbursement shall be reduced by dividing out-of-town Expense Money required to be paid by 1.18. The resulting amount shall be paid as supplementary compensation and all employer and employee payroll taxes shall be deducted from such supplementary compensation. (c) Producer shall, to the extent required by each tax jurisdiction, provide Actor with a separate W-2 form which shall indicate all state and local taxes withheld and the wages and other compensation on which those taxes were levied for each state or locality in which such taxes were withheld. If annual reporting is not required, the Producer shall indicate on each weekly pay stub any amount deduced for tax assessment.