Overtime

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There are many ways you could be short changing yourself when it comes to overtime. Bottom line – you need to follow the SAG rulebook to properly audit your payroll.

This is a series of weekly posts by Gregg and Shirley Smrz of Stunt Payroll Services discussing areas of the rulebook and stunt contracts that stunt performers deal with, along with tips on how to keep your records so you get paid properly. Gregg Smrz is a member of Stunts Unlimited, the Screen Actors Guild, the Directors Guild, the Academy of Motion Pictures Arts and Sciences, the Red Bull Blue Ribbon Committee, and is an alternate board member for the SAG-AFTRA Stunt and Safety Committee. He has experience working as a Stuntman, Stunt Rigger, Stunt Coordinator, and as a 2nd Unit Director. Gregg’s wife Shirley has extensive Bookkeeping and Payroll Experience she acquired while working at Teledyne Electronics.

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The Overtime Rules can be found in the following areas of the 2005 SAG Codified Basic Agreement.
Schedule H Part 1 Page 459, Section 8
Schedule H Part 2 Page 479, Section 8
Schedule H Part 3 Page 301, Section 13

DAY PERFORMER (Scroll down for Weekly Performer)
Schedule H Part 1, Page 459, Section 8, Overtime

8. OVERTIME

SAG Rulebook
A. A stunt performer shall receive time and one-half for the ninth and tenth hours of work time,
and double time thereafter, except that stunt performers receiving more than two (2) times
the day performer minimum rate per day shall receive time and one-half instead of double
time after the tenth hour. For purposes of such calculations, the maximum daily rate shall be
two (2) times the day performer minimum rate.

Layman’s Term Explanation
What this means is that your overtime is calculated by adding your stunt adjustments to
your daily rate of $933.00. The maximum overtime rate is based on two times your daily
rate. When you exceed two times your daily rate, or in this case $1,866.00, you are no longer
paid double time beyond ten hours, but receive time and a half for all hours worked beyond
ten.

SAG Rulebook
B. To illustrate the application of the foregoing:

A stunt performer receiving $716.00 per day (the applicable day performer rate as of
10/1/05) is called for make-up, hairdress, or wardrobe at 7:30 am. He spends one (1) hour
in such activities. He waits thirty (30) minutes and his call on the set is 9:00 am. He works
until 1:00 pm, and is off an hour for lunch. He works again from 2:00 pm to 7:30 pm. No time
is spent traveling. His overtime pay is calculated as follows:

Total continuous day…………………………… 11 hours
Overtime…………………………………………… 3 hours

Pay for overtime
(1) Two hours at time and one-half $268.50
(2) One hour at double time $179.00
Total overtime $447.50

Layman’s Term Explanation
The following are examples of three scenarios; take a careful look at the second and third
examples. You got $1.00 more in a stunt adjustment, and receive $115.99 less in pay.

(1) Your daily rate is $933.00, and you work 11 hours after deducting your lunch. Your
time and a half rate would be $174.94, and your double time rate would be $233.25.
You would receive $933.00 for your day rate, plus $349.88 for your ninth and tenth
hours, and $233.25 for your eleventh hour, for a grand total of $1,516.13

(2) Your daily rate is $933.00, and you receive a stunt adjustment of $932.00, and you
work 11 hours after deducting your lunch. Your time and a half rate would be
$349.69, and your double time rate would be $466.25. You would receive $933.00 for
your day rate, plus $699.38 for your ninth and tenth hours, and $466.25 for your
eleventh hour, for a grand total of $2,098.63

(3) Your daily rate is $933.00, and you receive a stunt adjustment of $933.00, and you
work 11 hours after deducting your lunch. Your time and a half rate would be
$349.88, and your double time rate would be $349.88. You would receive $933.00 for
your day rate, plus $699.76 for your ninth and tenth hours, and $349.88 for your
eleventh hour, for a grand total of $1,982.64

SAG Rulebook
C. Overtime pay for stunt performers shall be computed on the basis of one-tenth (1/10) hour
units. Compensation for travel time shall continue to be limited to eight (8) hours in any day
(period of twenty-four (24) hours). Travel time shall be computed and paid pursuant to
Section 32 of Schedule A. All overtime pay and all premium pay, unless otherwise
specifically provided in this Schedule, shall be based upon the stunt performer’s aggregate or
adjusted compensation.

All time from the time the performer is required to report until the performer is released
shall be counted as work time for purposes of overtime and rest periods, except for meal
periods.

Layman’s Term Explanation
What this means is your daily salary plus your stunt adjustment will determine your hourly
rate for all overtime calculations, and you will be paid in 1/10th hourly units.
On a travel day, you will not receive more than a day’s pay, no matter how long your travel
day is.

You will be paid overtime for all hours worked, including your travel time to or from the
hotel, or place of reporting when working outside the studio zone. If you had a call time at a
place of reporting inside the studio zone or at the Producer’s studio, and were then shuttled
to the location outside the studio zone, your in time would be when you reported to the
place of reporting or the Producer’s studio, and your out time would be when you returned
to the place of reporting or Producer’s studio, in regard to overtime and turn around, but not
meal penalties.

SAG Rulebook
D. Whenever a performer receives overtime or an additional day of pay pursuant to the
provisions of this Agreement, such overtime or additional day of pay shall not be deemed to
reduce such performer’s guaranteed employment or compensation.

Layman’s Term Explanation
What this means is that if you receive overtime or an additional day of pay for a forced call,
or for working a seventh day, they cannot deduct it from your regular workweek.
—————–

 

WEEKLY PERFORMER
Schedule H Part 2, Page 479, Section 8
Weekly Performer Making Less Than $5,000 On Television and less than $6,200 on Theatrical

8. OVERTIME

SAG Rulebook
Overtime shall be computed and paid pursuant to the provisions of Section 13 of
Schedule B which is incorporated herein and made a part hereof, except that all overtime pay shall
be based upon the stunt performer’s aggregate or adjusted compensation, except on a day on which
the performer travels only, the performer’s compensation shall be computed and paid on his base
compensation without any adjustments. A performer whose gross compensation for his workweek,
including base pay and adjustments, exceeds $5,000 per week on television pictures or exceeds
$6,200 per week on theatrical motion pictures shall not be subject to this Schedule but shall be
subject to the provisions of Schedule H, Part 3.

Layman’s Term Explanation
What this means is you need to refer to Schedule B, Section 13., Overtime. Your overtime rate will
be based upon your weekly salary, plus your stunt adjustment. You will only receive a maximum of
a days pay for travel. If your combined weekly salary and stunt adjustments exceed $5,000 for
television, and exceed $6,200 for theatrical, you would refer to Schedule H Part 3.

Schedule B, Page 242, Section 13 – Overtime

SAG Rulebook
Overtime shall be computed and paid pursuant to the following:
A. Rate
Except as otherwise provided by the provisions of this Schedule B:
(1) Daily Overtime
SAG Rulebook – Two (2) times the straight time rate for time worked in excess of ten (10)
hours in any day. Time paid for as daily overtime is not to be included in computing
weekly overtime.

Layman’s Term Explanation
On a weekly contract, you will receive daily overtime for any hours worked beyond ten
hours on any day at two times the daily hourly rate. This double time rate is based on a
combination of your weekly base rate plus your stunt adjustments. If you are paid daily
overtime for hours worked beyond 10 hours on any day, this will not be included in
computing weekly overtime.

(2) Weekly Overtime

(a) SAG Rulebook
With respect to performers on a five (5) day, forty-four (44) hour
workweek, one and a half (1 ½) times the straight time rate for time worked in excess
of forty-four (44) hours in the week of such performer.

Layman’s Term Explanation
On an In Town 44 Hour Five Day Weekly, your week includes 44 hours of straight
time. If you worked 10 hours per day for five days, you would have a total of 50 hours
for the week. 50 – 44 = 6 hours that would be paid as weekly time and one-half. If you
were to work 11 hours per day for 5 days, you would have a total of 55 hours for the
week. 5 of these hours would have been paid at the daily double time rate, so would
not be included in your weekly overtime figures. 55 – 5 = 50 – 44 = 6 hours that will
be paid as weekly time and one-half.

(b) SAG Rulebook
With respect to performers on an overnight location, six (6) day,
forty-eight (48) hour workweek, such workweek shall include an additional four (4)
hours overtime (4/44) at the straight time hourly rate, whether worked or not.
Weekly overtime shall be paid at one and one-half (1 ½) times the straight time
hourly rate for hours worked in excess of forty-eight (48) in such workweek.

Layman’s Term Explanation
On a Location Six Day 48 Hour Weekly, you will receive a Location Allowance of four
hours of straight time, whether worked or not. This straight time hourly rate is based
on a combination of your weekly base rate plus your stunt adjustments. If you
worked 10 hours per day for six days, you would have a total of 60 hours for the
week. 60 – 48 = 12 hours that would be paid as weekly time and one-half. If you were
to work 11 hours per day for 6 days, you would have a total of 66 hours for the week.
6 of these hours would have been paid at the daily double time rate, so would not be
included in your weekly overtime figures. 66 – 6 = 60 – 48 = 12 hours that will be paid
as weekly time and one-half.

(3) Travel Time

SAG Rulebook
To the extent that any weekly or daily overtime is caused by travel time at
the beginning or at the end of the day, such overtime shall be computed as provided in
Section 44 relating to Travel Time.

Layman’s Term Explanation
We will only refer to the areas of this section that pertain to overtime pay.

SAG Rulebook – Schedule B, Page 276, Section 44
F. Place of Reporting and Dismissal

SAG Rulebook
Except when already at an overnight location, performers shall be
required to report only at the Producer’s studio or within the studio zone, and shall
be dismissed only at the place of reporting within the studio zone or the Producer’s
studio. When the performer is returning from such overnight location, he shall be
dismissed only at the Producer’s studio or place of reporting within the studio zone
and not at the overnight location. The provisions of this subsection F. shall not be
deemed to limit provisions of subsection U. hereof.

Layman’s Term Explanation
If you are working outside the studio zone, you are on the clock from when you report
to Producer’s studio, or the designated place of reporting inside the studio zone, until
you return to the Producer’s studio, or the place of reporting inside the studio zone.

G. Travel Time Is Work Time

SAG Rulebook – Except as otherwise provided in this Schedule, all time spent by any
performer in traveling at the request of the Producer between any place at which he
is required to and does report and any location, both to and from, shall be travel time,
and, as such, shall be work time, subject to all deductions, limitations and exceptions
for which provision is made in this agreement.

Layman’s Term Explanation
You are on the clock from the moment you are picked up at the hotel, until you are
dropped off at the hotel.

If you are working outside the studio zone, you are on the clock from your time of
reporting at the Producer’s studio, or the place of reporting within the studio zone,
until you return to the Producer’s studio or the place of reporting within the studio
zone.

B. Units of Overtime Computation

All overtime shall be computed in one-tenth (1/10) hour units.

For the purpose of accumulating the number of hours worked during any week, the number
of hours worked each day during such week shall be accumulated on the basis of six (6)
minute units; there shall be excluded all time during such week for which any daily overtime
compensation shall be payable to such performer. For the purpose of computing such
overtime, such performer’s week in each instance shall commence on the day of the week on
which such performer is first placed on salary. In case of any suspension or interruption of
such performer’s employment at any time for seven (7) consecutive days or more, for any
reason whatsoever, such performer’s week shall thereafter commence on the day of the
week when he is again placed on salary.

Layman’s Term Explanation
Your total hours worked for the week are accumulated in six-minute increments on a daily
basis. Your overtime is paid in 1/10th hour increments. 15 minutes equals .3 hours worked.
30 minutes equals .5 hours worked.

This is basically saying that your accumulative hours in regard to overtime calculations
commence on your first day of employment for a seven-day period. It also says you will
remain on this workweek in regard to overtime calculations until your employment ends, or
you have seven or more consecutive days off. If you have seven or more consecutive days off,
you will start the process over commencing on your first day of re-employment.
If you were only employed for one week, this would be easy. But if you are going on a show
for three weeks that has a Monday through Saturday workweek, and travel in on a
Wednesday, it can become extremely hard to figure out as per the following example.

Example
(a) The studio payroll week is always Sunday through Saturday per the SAG Rulebook.
(b) Let’s assume your company workweek is Monday through Saturday with your company
day of on Sunday.
(c) You start work on a Wednesday, so your overtime calculation week is Wednesday
through Tuesday, with your company day off being Sunday.

That is the official rule per the SAG rulebook, and the studio would have seven possible
workweeks for calculating payroll overtime for employees on a SAG contract.
Now let’s look at how the studio normally handles this. While this is not legal per the SAG
rulebook, it is how it is normally done.

The studio will normally pro-rate you into their company workweek so that everyone is on
the same payroll schedule. Using the example above, the following scenario would happen.
Example

(a) The studio payroll week is always Sunday through Saturday per the SAG Rulebook.
(b) Let’s assume your company workweek is Monday through Saturday with your company
day off on Sunday.
(c) You start work and Travel on a Wednesday, and work Thursday, Friday, and Saturday,
with Sunday being your company day off. They would prorate you into their company
workweek. You receive 1/5 of the workweek x 4 days, plus your location allowance. On
Monday, you start a new workweek in regard to accumulating hours and stunt adjustments
for payroll calculations.

Bottom Line – You need to follow the SAG rulebook to properly audit your payroll.

C. Partial Workweek

SAG Rulebook
When compensation is payable for less than a full workweek, the number of
hours worked shall be pro-rated on a forty-eight (48) hour basis when performer is on an
overnight location six (6) day week and shall be pro-rated on a forty-four (44) hour basis
when performer is on a studio five (5) day week. To illustrate the foregoing, if the final
fractional week of a performer’s employment on an overnight location six (6) day week
consists of Thursday, Friday and Saturday, overtime shall be computed only as to the period
beyond twenty-four (24) hours. As such illustration, on such six (6) day basis, if the final
fractional week of a performer’s employment consists of Friday, Saturday and Sunday,
overtime shall be computed only as to the period beyond twenty-four (24) hours; provided,
however, the time worked shall be used in computing overtime only to the extent and in the
manner provided by Section 9. C. (3)(b) hereof, as the same may be applicable.

Section 9. C. (3) (b)
For work time in excess of ten (10) hours on any seventh day, for which the
performer receives a premium of one (1) day of pay as above provided, the performer shall
receive double the weekly straight time hourly rate, including overtime caused by make-up,
hairdress, wardrobe or fittings.

Layman’s Term Explanation
What this means is if you were pro-rated out at the end of your employment, you would
receive 1/5 the weekly rate for each day worked except for a Seventh Day.

On a Seventh Day on an in town five-day weekly, you would receive 1/5 of your weekly rate
plus a 1/5-day premium. Any hours worked beyond 10 hours you would be paid double
time, including make-up, hairdress, and wardrobe removal.

On a Seventh Day on a six-day location weekly, if you were to travel on a 7th day, you would
receive a time and one-half day based on 1/5 the weekly rate.

D. Effect of Error in Computation

Any failure through error to pay all or any part of overtime compensation shall give the
performer no right except to collect the amount so unpaid.

Layman’s Term Explanation
This means that because the payroll calculations are so confusing, and the fact that your pay
for each week will be on multiple checks, you can only recover the amount owed to you.

E. Date When Due

The overtime accruing under the provisions of this Section shall be payable not later than
the studio pay day of the calendar week next following the expiration of the performer’s
week in which such overtime accrues.

Layman’s Term Explanation
This basically gives them an extra week to pay you, because of the split pay caused by the
rules in this Schedule.

F. Guaranteed Employment Not Affected

Whenever a performer receives overtime or an additional day’s pay pursuant to the
provisions of this Schedule, such overtime or additional day’s pay shall not be deemed to
reduce such performer’s guaranteed employment or compensation.

Layman’s Term Explanation
This means your weekly salary will not be reduced by any overtime you receive.

Weekly Performer

Schedule H Part 3, Page 301, Section 13

Weekly Performer Making More Than $5,000 On Television and More than $6,200 on Theatrical

Schedule H Part 3, Page 497, Section 7. Applicable Provisions Of Schedule C
Schedule C, Page 301

13 – Overtime
Overtime shall be computed and paid pursuant to the following:

A. SAG Rulebook
Daily overtime shall be paid at double time for each one-tenth (1/10) hour
or portion thereof worked in excess of ten (10) hours in any day, figured on the maximum
basis of $5,000 for television performers and $6,200 for theatrical performers.

Layman’s Term Explanation
The maximum overtime rate is $227.27 for television and $281.82 for theatrical.

B. SAG Rulebook
Travel Time – To the extent that any daily overtime is caused by travel time
at the beginning or at the end of the day, such overtime shall be computed as provided in
Section 41 hereof to travel time.

Layman’s Term Explanation
We will only refer to the areas of this section that pertain to overtime pay.

Schedule C, Page 328, Section 41

F. Place of Reporting and Dismissal

SAG Rulebook
Except when already at an overnight location, performers shall be
required to report only at the Producer’s studio or within the studio zone, and shall
be dismissed only at the place of reporting within the studio zone or the Producer’s
studio. When the performer is returning from such overnight location, he shall be
dismissed only at the Producer’s studio or place of reporting within the studio zone
and not at the overnight location. The provisions of this subsection F. shall not be
deemed to limit provisions of subsection U. hereof.

Layman’s Term Explanation
If you are working outside the studio zone, you are on the clock from when you report
to Producer’s studio, or the designated place of reporting inside the studio zone, until
you return to the Producer’s studio, or the place of reporting inside the studio zone.

G. Travel Time Is Work Time

SAG Rulebook

Except as otherwise provided in this Schedule, all time spent by any
performer in traveling at the request of the Producer between any place at which he
is required to and does report and any location, both to and from, shall be travel time,
and, as such, shall be work time, subject to all deductions, limitations and exceptions
for which provision is made in this agreement.

Layman’s Term Explanation
You are on the clock from the moment you are picked up at the hotel, until you are
dropped off at the hotel.

If you are working outside the studio zone, you are on the clock from your time of
reporting at the Producer’s studio, or the place of reporting within the studio zone,
until you return to the Producer’s studio or the place of reporting within the studio
zone.

C. SAG Rulebook
For the purposes of this Section, one tenth (1/10) hour of pay at straight
time for television performers shall be $11.36 and at double time $22.73; one-tenth (1/10)
hour of pay at straight time for theatrical performers shall be $14.09 and at double time
$28.18

Layman’s Term Explanation
This is based on the maximum overtime rate calculated off of the $5,000 for television and
$6,200 for theatrical money breaks.

NOTE: There is no location allowance or weekly overtime under this contract.

If you want to be sure all the rules are followed and that you have been paid properly, check out our website at www.stuntpay.com and consider using the service on your next job.
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