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How the Nonfiction Television Industry Steals Tens of Millions of Dollars from New York Ta !ayers
)*)C+TIV) S+MM(RY
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The &riters 'uild of (merica, )ast conducted a study of workin- conditions for nonfiction writers and !roducers in .uly and (u-ust "#$%/ The study found that violations of New York wa-e and hour laws are endemic in the nonfiction television industry/ (lmost all the writer0!roducers in our study are incorrectly classified 1y the !roduction com!anies as e em!t em!loyees, who work lon- hours 1ut receive no overtime !ay, amon- other violations/ 2ack !ay and !enalties for these violations amounts to a!!ro imately 34# million every year, and !erha!s considera1ly more/ The lia1ility mi-ht 1e the shared res!onsi1ility of !roduction com!anies, !ayroll com!anies, and networks/
6Media/NYC/"#"#,7New York City )conomic Develo!ment Cor!oration, "#$$/ 6News so -ood youCd like to frame it5 >ilm 1iD 1ooms,7 New York Daily News, May E, "#$"/ &riters 'uild of (merica )ast re!ort, "#$"/
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in total revenueF has one of the hi-hest !rofit mar-ins in the industry, at nearly G#?/4
J)Y >INDIN'S
&orkin- Hours
K4 ? of writer0!roducers work more than 4# hours a week almost every week G#? work more than K hours a day, every day KH? never receive overtime !ay
Timecards
;nly $$? said their timecards always reflected the hours they worked 4E? said their timecards 6never7 accurately reflected hours worked
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SN8 Ja-an, TV Network Summary, Total Net Revenue and Cash >low Mar-in, "#$"/ 6Inde!endent, Innovative, and +n!rotected5 How the ;ld Safety Net Is >ailin- (merica=s New &orkforce,7 >reelancers +nion study, "#$#/
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R)C;MM)ND(TI;NS
@eo!le should 1e a1le to 1uild sustaina1le careers workin- in nonfiction 1asic ca1le television/ (s this re!ort documents, ca1le networks -enerate ra!idly increasin- revenues !roducin- and 1roadcastin- more and more hours of nonfiction content/ If 1asic standards can 1e esta1lished across the industry, men and women can earn a reasona1le livin- without 1urnin- out on $H<hour workdays, and can en:oy the health and retirement 1enefits everyone needs to live a healthy, !roductive life and to raise a family if they choose/ This is not :ust a fundamental human ri-htL our e !erience re!resentin- writers and writer<!roducers elsewhere in the television and film 1usiness su--ests that it is also -ood 1usiness/ Havin- a sta1le, e !erienced, committed workforce would ena1le the networks and !roduction com!anies to !roduce 9uality content that viewers want to watch, so audiences will e !and and dee!en and revenues will continue to increase/ < The networks must a-ree to more reasona1le 1ud-ets and !roduction schedules/ This isn=t rocket scienceL there must 1e enou-h money to hire enou-h !eo!le to do the work, and they must have enou-h time to accom!lish it/ The !ressure to 1urn !eo!le out with insane hours, overwork, low !ay, and no 1enefits 1e-ins at the to!/
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History demonstrates that the sure way to 1uild a floor of reasona1le com!ensation, 1enefits, and workin- conditions is with collective 1ar-ainin-/ Collective 1ar-ainin- em!owers the em!loyees themselves to come to-ether to fi-ure out what works 1est and what is achieva1le/ The &'() remains committed to its industry<wide or-aniDin- cam!ai-n and we antici!ate that, :ust as the 'uild and other unions have done with decades of work in the 1roader entertainment industry, we can raise standards to the !oint that !eo!le can make a livin- doin- the work they care a1out/ 4
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(t the same time, others in the !rivate and !u1lic sectors can have a real im!act/ )lected officials and enforcement a-encies can investi-ate violations of e istin- laws M in !articular, wa-e and hour laws M and can consider additional enactments to !rotect the men and women who work so hard in this industry/ Com!anies that choose to 1reak the law and mistreat their em!loyees should not -ain unfair com!etitive advanta-e/
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(ll of the stakeholders Aelected officials and enforcement a-encies, networks, !roduction com!anies, and em!loyeesF can develo! a code of conduct which would create the conditions for !eo!le to 1uild solid careers creatinnonfiction television !ro-rams/
INTR;D+CTI;N
In order to assess the workin- conditions in nonfiction TV, the &riters 'uild of (merica, )ast A&'()F conducted a survey of nonfiction writer0!roducers in .uly and (u-ust "#$%/ The survey reveals that the com!anies actin- as em!loyers in this industry are not com!lyin- with la1or law and may face si-nificant financial e !osure to wa-e and hour lia1ility/ This is es!ecially true in li-ht of the &a-e Theft @rotection (ct A&T@(F, which 1ecame effective in New York State in (!ril "#$$/ The &hite @a!er also includes a series of recommendations for how the television industry could come into com!liance and im!rove conditions for writer0!roducers/
;ne of the reasons media com!anies want to 1e here is New York=s world<class community of creative talent/ That talent !ool is increasin-ly en-a-ed in the !roduction of nonfiction Aincludin- 6reality7 and documentaryF television/
6&hatCs wron- with reality TVP7, .on 'in-erich, ;CDwyerCs, May "#$$/ 6(mericaCs Most &atched5 The To! "H Shows of the "#$"<"#$% TV Season,7 Michael Schneider, TV 'uide, G0$#0"#$%/ K CJ*, Inc/ financial statements Aowner of $E )ntertainmentF/ E 6Ca1le Network Revenue +! H/%? In "#$", Cash >low Virtually >lat,7 Derek 2aine, SN8 Ja-an , 40%#0$%
-rown nearly $#? !er year on avera-e, every year since "##H/ It would 1e over $#?, e ce!t for a recession<driven dro! in "##E to H? -rowth/ "#$% revenue -rowth is forecast to hit $#? a-ain/$# Discovery is the hi-hest<ranked nonfiction network AB$%F with a1out 3$/$ 1illion/ $$ 2ut the nonfiction networks lead the field in !rofita1ility/
6)ye<@o!!in-7 @rofits
(nalysts descri1e the !rofit mar-ins in this industry as 6eye<!o!!in-,7 causininvestors to 6flock to the sector/7 ADiscovery=s stock is u! more than H#? in "#$%/F The avera-e mar-in is almost 4#?/ This is es!ecially noteworthy 1ecause there are a num1er of networks with well<1elow<avera-e mar-ins, !articularly s!orts networks, whose !ro-rammin- is relatively e !ensive A)S@N had a "4? mar-in in "##EF/ $" Nonfiction networks= !rofit mar-ins drive u! the industry avera-e/ In "#$", the T8C network led all ca1le networks with a !rofit mar-in of G#?/ The Discovery network was ri-ht 1ehind T8C at HK?/ )ven much lower<rated networks had hi-h !rofit mar-ins5 National 'eo-ra!hic at H"?, and Investi-ation Discovery at %H?/
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I1id/ SN8 Ja-an, Ca1le Network Com!arison, "#$"/ $" 6Ca1le networks on solid financial footin-,7 Derek 2aine, SN8 Ja-an, $#0"E0$# $% &'() study, "#$$/ $4 6&hat Does History @ay for @ro-rammin-P,7 @eter Hamilton, documentarytelevision/com,%0$#0"#$#/
2y contrast, Royal Pains, a hit scri!ted show on the +S( ca1le network, has an e!isode 1ud-et 1etween 3" and 3"/H million < seven times as much as a History network show/ Royal Pains avera-es a1out %/G million viewers/ Nonfiction shows are much chea!er even on the 1roadcast television side/ To!< rated American Idol on >o re!ortedly has an e!isode 1ud-et of a1out 3" million, $H whereas a scri!ted show, even a mid<siDe hit like Blue Bloods or Person of Interest, is 1ud-eted at closer to 34 million/ 2oth the 1roadcast and ca1le scri!ted shows tend to have far more union workers, from camera crews to actors to writers and !roducers/ These workers are not only !aid more in -eneral, 1ut receive 1enefits, and often have !artici!ation in the financial success of a show/ 2oth workers and !roduction com!anies at nonfiction ty!ically share far less of the !rofits than their collea-ues in scri!ted TV/
6C(merican IdolC 8ookin- to DownsiDe for Season $", Say Sources,7 Shirley Hal!erin, Hollywood Re!orter,I0$40$"/ $G 6Discovery=s David Qaslav Makes 34E/Em In "#$" Com!ensation, <4/I?,7 < David 8ie1erman, Deadline New York, 40"0$%
< such as minimum !ayments, health insurance and !ensions < nonfiction writer0!roducers, often workin- for the same com!anies and networks, are not/ They work lon- hours without minimum salary !rotections, residuals, or 1enefits/ 2ottom line5 1ecause the writer<!roducers and other em!loyees who work so hard to create nonfiction !ro-rammin- are !aid so much less than their counter!arts elsewhere in the television industry, they ena1le ca1le networks and !roduction com!anies to rea! enormous !rofits/ They deserve a fair share of the ra!idly< e !andin- revenues/
compensation for t!at additional work, and it%s especially !ard w!en you !ave a family," said &avid 'an $aylor, Producer#
"$!e standard for t!e workin" s!oot day !as now stretc!ed to an e(pected 1) !our day# *ou wont "et t!e +est work from people w!o are e(!austed workin" 1 days strai"!t, 1) !ours a day#" Annie ,on" Producer "I can%t count t!e num+er of ni"!ts I%ve worked past 11pm#" "-n one particularly ri"orous .o+ I worked for more t!an t!ree weeks strai"!t wit!out a day off#" /ess Beck Producer
0I%ve +een on s!oots w!ere I worked 11 !our days for 2 or 3 days strai"!t# At t!e end of a lon" day s!ootin", t!e AP !as to download all t!e foota"e, and "et on t!e p!one to coordinate t!e ne(t days s!oot, and Im often in t!e !otel room writi n" interview 4uestions, dialo"ue, or s!otlists, until I "o to +ed5 &avid Mettler Producer
Once the filming is complete, producers often put on another hat 5 that of !ost !roducer/ 2elieve it or not, !ost<!roduction days can 1e even lon-er than shootin- days, es!ecially as the on<air deadline a!!roaches/ (nd !roducers have little or no time off 1efore movin- into this ne t !hase/ @roducers have to review all the foota-e, write narrative scri!ts, choose the 1est 1its and -et them strun- to-ether into a coherent e!isode/ Then, the e ecutive !roducers, includin- network !roducers, will have their say/ They may ask for re< writes and re<or-aniDin-/ They may even ask the !roducers to -o 1ack out and re< shoot somethin- that didn=t come out the way they wanted it/ The on<air deadline is unlikely to -et !ushed 1ack if !roduction is 1ehind schedule/ The editors often -et !aid overtime as !art of their a-reements, so the com!any makes the !roducers M who aren=t !aid overtime M take on the e tra work/ This could mean that the !roducer=s work stretches, not only from Gam to midni-ht, 1ut into Saturday and Sunday, and even into weeks of $G<hour days without a sin-le day off/
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Methodolo-y
The &'() conducted an online survey of nonfiction writer0!roducers in .uly and (u-ust "#$%/ The sam!le for this survey was drawn from a &'() list that includes writer0!roducer contacts from nonfiction shows/ Those who took the survey confirmed that they had worked at a nonfiction !roduction com!any in the New York area in the !ast G years/ )mail invitations were sent out to $"GG writer0!roducers/ ;f those, %$H com!leted the survey for a "H? res!onse rate/
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More than K#? worked more than K hours0day at least once a week, with G#? workin- more than ei-ht hours every day/ K#? of res!ondents said they sometimes worked more than five days a week/ I$? worked more than forty hours a week, every week/ K4? worked more than forty hours most weeks/ In s!ite of the fact that most writer0!roducers are workin- overtime on a daily and0or weekly 1asis, the vast ma:ority of res!ondents AKH?F said they never received overtime !ay/
Timecards
GG? of res!ondents filled out time cards, 1ut only $$? of those fillin- out timecards said they were always accurate/ 8ar-e num1ers of !roducers re!orted various ille-al 1ehaviors on the !art of em!loyers with res!ect to timecards/ G4? said they=d 1een asked to turn in a timecard that :ust said 6worked7L G#? had 1een asked to turn in a timecard 1efore the end of the !ay !eriodL and $K? re!orted 1ein- asked to hand in a 1lank time card/
;vertime
Television networks and !roduction com!anies are 1oostin- their !rofits 1y failinto !ay overtime to the thousands of em!loyees who create their nonfiction !ro-rams/ (s we have seen, most em!loyees work overtime and almost none are com!ensated !ro!erly for it/ ;ur survey indicates that !roducers and assistant !roducers work several hundred hours of un!aid overtime !er year/ &e estimate that at least $%## !roducers and assistant !roducers work in nonfiction 1asic ca1le television in New York/ 2ased on the results of our survey, we estimate that writer0!roducers are de!rived of a!!ro imately 34# million every year/ AThat num1er could 1e as hi-h as 3GG million, de!endin- on the num1er of !roducers and (@s em!loyed in a -iven year, and the num1er of weeks they work/F The statute !ermits collection of un!aid amounts for si years, retros!ectively M for a current lia1ility of more than 3"4# million/ < The &T@( !rovides for mandatory !ayment of attorney=s fees when em!loyees !revail on claims/
Timecards and Recordkee!in>or non<e em!t em!loyees, accordin- to the federal >air 8a1or Standards (ct, the followin- records must 1e ke!t/ The &T@( !rovides that records must 1e ke!t for G years/ A$F !ersonal information, includin- em!loyee=s name, home address, occu!ation, se , and 1irth date if under $E years of a-eL A"F hour and day when workweek 1e-insL A%F total hours worked each workday and each workweekL A4F total daily or weekly strai-ht<time earnin-sL AHF re-ular hourly !ay rate for any week when overtime is workedL AGF total overtime !ay for the workweekL AIF deductions from or additions to wa-esL $%
AKF total wa-es !aid each !ay !eriodL and AEF date of !ayment and !ay !eriod covered/ $I This information is -enerally availa1le to em!loyees throu-h their !ay stu1s/ &ides!read !ractices in the nonfiction television industry, such as askinem!loyees to turn in a 1lank timecard or one that :ust says 6worked,7 are in violation of these re9uirements/ (lso, written notice must 1e -iven at hire (ND every year thereafter, (ND !rior to any chan-es in !ay, of em!loyees= wa-e rates and 1asis, and written acknowled-ments of recei!t 1y the worker must 1e maintained 1y the em!loyer/ &hen it is esta1lished that 1ack !ay is owed, if the com!any does not reach a settlement, $##? of the 1ack !ay will 1e owed, !lus5 3$## !er week, u! to 3",H## total !er em!loyee for !rovidin- an im!ro!er wa-e statement +! to 3$#,### !er em!loyee !lus !ossi1le order of reinstatement for any retaliation or threats thereof (utomatic $H? increase in amount of total :ud-ment if it is not com!letely !aid within E# days
R)C;MM)ND(TI;NS
@eo!le should 1e a1le to 1uild sustaina1le careers workin- in nonfiction 1asic ca1le television/ (s this re!ort documents, ca1le networks -enerate ra!idly increasin- revenues !roducin- and 1roadcastin- more and more hours of nonfiction content/ If 1asic standards can 1e esta1lished across the industry, men and women can earn a reasona1le livin- without 1urnin- out on $H<hour workdays, and can en:oy the health and retirement 1enefits everyone needs to live a healthy, !roductive life and to raise a family if they choose/ This is not :ust a fundamental human ri-htL our e !erience re!resentin- writers and writer<!roducers elsewhere in the television and film industry su--ests that it is also -ood 1usiness/ Havin- a sta1le, e !erienced, committed workforce would ena1le the networks and !roduction com!anies to !roduce 9uality content that viewers want to watch, so audiences will e !and and dee!en and revenues will continue to increase/ < The networks must a-ree to more reasona1le 1ud-ets and !roduction schedules/ There must 1e enou-h money to hire enou-h !eo!le to do the
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Handy Reference 'uide to the >air 8a1or Standards (ct/ +S De!t of 8a1or, &a-e S Hour Division/
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work, and they must have enou-h time to accom!lish it/ The !ressure to 1urn !eo!le out with insane hours, overwork, low !ay, and no 1enefits 1e-ins at the to!/
<
History demonstrates that the sure way to 1uild a floor of reasona1le com!ensation, 1enefits, and workin- conditions is with collective 1ar-ainin-/ Collective 1ar-ainin- em!owers the em!loyees themselves to come to-ether to fi-ure out what works 1est and what is achieva1le/ The &'() remains committed to its industry<wide or-aniDin- cam!ai-n and we antici!ate that, :ust as the 'uild and other unions have done with decades of work in the 1roader entertainment industry, we can raise standards to the !oint that !eo!le can make a livin- doin- the work they care a1out/
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(t the same time, others in the !rivate and !u1lic sectors can have a real im!act/ )lected officials and enforcement a-encies can investi-ate violations of e istin- laws M in !articular, wa-e and hour laws M and can consider additional enactments to !rotect the men and women who work so hard in this industry/ Com!anies that choose to 1reak the law and mistreat their em!loyees should not -ain unfair com!etitive advanta-e/
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(ll of the stakeholders Aelected officials and enforcement a-encies, networks, !roduction com!anies, and em!loyeesF can develo! a code of conduct which would create the conditions for !eo!le to 1uild solid careers creatinnonfiction television !ro-rams/
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H;+RS &;RJ)D IN ( &))J AH#? of res!ondents said they had worked K# hours or more in a weekF I have certainly worked EG hr weeks/ I have 1een on reality network shows that have re9uired me to work H overni-hts and one daytime shift in one week/ I sometimes would have as little as H hours turnaround and lived 4H minutes from set/
I worked $4<$K hour days H<G days a week on a flat day rate/ (nd, no meals were !rovided/
;n a shoot for a week, it could easily 1e K#<KH, 1ut in the office only 4#<4H
C;NC)RNS (2;+T IND+STRY Callin- someone a su!ervisor to -et out of !ayin- them overtime when they donCt su!ervise anyone/
The undera!!reciation of nearly every em!loyee, 1ein- made to feel as thou-h we canCt s!eak u! 1ecause there are hundreds of !eo!le waitin- to re!lace us, the e !ectation and standard of no !ersonal life or time while workin-, the e !ectation that everyone should work as many hours a day as needed or as many days !er week, for a flat rate 1ut with no reci!rocity of a day off when weCve worked twice as many hours as le-al in a day/
The vast ran-es that e ist in rates for a !osition from one com!any to another, the amount of days and hours worked with no com!ensation, and the lack of 1enefits/ (nd you canCt so much as com!lain a1out any of it 1ecause a !roduction com!any will fire you/
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No overtime, no !rotection, no 1enefits, e treme e !loitation, no industry su!!ort to chan-e workin- conditions/
Safety issues, loss of !roduction value due to cho!!in- 1ud-ets5 crew lack of slee! affectin- ne t day shoot durin- field !roduction, tired @(s drivin- vehicles after $4 hour work days, etc/ I would love to see Health Insurance 1ecome standard to everyone in the television industry/ &e also need ;T com!ensation< otherwise e ecs have no incentive to rein in !roduction schedules and work load e !ectations/
as a woman, the irre-ular work N irre-ular hours N no maternity leave O hard to !lan for a family/ 1ut thatCs :ust how the industry is/ If you work for the wron- com!any there is no way to fi-ht a-ainst0-uard a-ainst terri1le hours and unfair com!ensation for those terri1le hours/ Cou!led with the fact that there are rarely any 1enefits that other industries, or !eo!le in other areas of this industry receive Avacation days, health insurance, etc, 4#$JF makes it really tou-h to 1e a free<lancer/
;n my current show they chan-ed my contract from ;vertime eli-i1le to flat weekly/ Since then I have 1een made to work G days a week/ I rarely worked G days a week last seaon/ This chan-e is very u!settin-/
ICve worked u! to "# days strai-ht, at least $G hour days, with no time off and received the same !ay had I worked a re-ular H day, 4# hour work week/ Retirement and Health insurance/ Secondly is overtime !ay/ (s a !roducer we do not -et overtime or weekend !ay 1ut the editor Awhom I work closely withF does/ There is no !ension !lan, no re-ard for !re-nant leave or sick leave like other workin- !laces/ No over time !ay and most im!ortantly no control of hours/ The com!anies over !romise shows to the networks in unrealistic times and donCt care a1out the work load/
>remantle in (ustralia have to -ive !roducers a $# hour turnaround 1efore they can start work the ne t day < >remantle (merica doesnCt have any turnaround at all/ This week I finished one day at $$!m and was in a-ain at Gam/ I also have to $I
!rovide my own la!to!, not -et !aid any kind of e9ui!ment hire fee and then si-n a contract sayin- its not their res!onsi1ility if it -ets dama-ed/ Sometimes it feels like we A>ield @roducersF are treated like rental e9ui!ment/ If you 1urn out or 1reak you -et re!laced/
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