Actors’ Equity Association enacted sweeping changes to its membership rules and requirements for L.A. theatre today, including a minimum wage requirement for theatres currently operating under the Los Angeles 99-seat Theatre Plan. The current plan pays actors a minimal fee for each performance ($7 to $15) and nothing for rehearsal. The new rules, under a section called the Los Angeles 99-Seat Agreement, requires that theatres with 99 seats or fewer must pay their actors minimum wage (currently $9/hr.) for rehearsal and performance, with minimum call requirement. The changes for theatres currently operating under the 99-seat plan will take effect June 1, 2016. New producers will have to adhere to the new rules immediately.

But this is not the only change Equity made in their contracts. In response to membership complaints about the new agreement Equity has made changes to its proposal, including the availability of the Showcase Code, a Small Professional Theatre Agreement, and changes to the Los Angeles Membership Company Rule. The Los Angeles Self-Produced Project Code will allow Equity members to self-produce without the requirement of an Equity contract. Under the new Los Angeles 50-seat Showcase Code theatres with 50 seats or fewer, production budgets under $20,000 and 16 performance or fewer of a show can work without an Equity contract three times per season. Equity modified its changes to the Membership Company Rule, allowing membership companies to continue producing without at Equity contract and also accepting new members—as long as that company existed before April 1, 2015. The full rule changes are below

Equity’s new Small Professional Theatre Agreement (“SPT”) for L.A. is modeled after agreements that have been available in other parts of the country. Venues up to 349 seats have a special category, and can negotiate salaries of anywhere between $229 to $664 per week, based on the maximum number of weekly performances, with pension and health contributions required.

Equity’s changes have not proved popular with its L.A. members, who voted 2-1 against changes in an “advisory” vote before these new rules were announced. And while Equity says they took members’ voices into account and crafted exemptions for smaller theatres and membership companies, the changes they made to the agreement weren’t enough for many in the L.A. theatre scene. Mike Boehm, reporting for the L.A. Times, quoted Gary Grossman, producing artistic director of Skylight Theatre Company in Los Feliz, as saying “It’s a sad day for Los Angeles.” Grossman helped create the 99-Seat Theater Plan. You can read Boehm’s story here.

The full release from Actors’ Equity Association on the changes follows.

[UPDATED 4/21 16:58 PDT – added the phrase “and crafted exemptions for smaller theatres and membership companies” to clarify changes AEA made to the rules in response to the members’ advisory vote.]

EQUITY COUNCIL DECIDES UPON NEW MEMBERSHIP RULES AND AGREEMENTS FOR LOS ANGELES THEATER

Council Revises Original Proposal Based on Feedback from LA Members

NEW YORK, N.Y. – After considering feedback from members, the National Council of Actors’ Equity Association (Equity) today adopted a broad set of options that include several important changes to the original proposal, including the availability of the Showcase Code, a Small Professional Theatre Agreement, and changes to the Los Angeles Membership Company Rule.

These rules and agreements address many of the concerns expressed by L.A. members about the original proposal, while remaining consistent with Equity’s long history of advocating for wages, working conditions, collaboration, fairness and respect for professional stage actors and stage managers. Their actions have national implications, impacting all 50,000 Equity members – in L.A. and around the country.

“We are proud of our members who shared their insightful views and spoke with passion about the importance of intimate theater,” said Mary McColl, Equity’s Executive Director. “The National Council’s decision today is responsive to that feedback and we look forward to working together to build a foundation for the growth and sustainability of intimate theater in L.A.”

The broad set of options that will now be available include:

Equity will make available for members and Producers in L.A. County the following stepping stones:

Los Angeles Transitional 99-Seat Code. This code, with many of the same terms as the existing 99-Seat Theatre Plan, will be in effect from April 22, 2015 to May 31, 2016, and will be available to existing 99-Seat Theatre Plan producers, so they may have time to transition to the newly-available options.

Los Angeles Self-Produced Project Code. This is an internal union membership rule allowing Equity members to collaborate as a group to self-produce theater without the requirement of an Equity contract.

NEW Los Angeles 50-Seat Showcase Code. The Council has adopted an internal union membership rule, which allows members to work without the requirement of an Equity contract in theaters with 50 seats or fewer, where the budget for the production does not exceed $20,000, for up to 16 performances. For use up to three times per season, this Code puts L.A. in alignment with other areas of the country. The Showcase Code provides for reimbursement of actual expenses, favored nations compensation, and future rights for actors in subsequent productions.

NEW Los Angeles Membership Company Rule. In the Council’s original proposal, membership companies would have been limited to their current membership. Council amended this new internal union membership rule to allow any Equity member to participate with any membership company as long as that company was in existence prior to Feb. 6, 2015, had registered their company by April 1, 2015, and had previously produced under the prior 99-Seat Theatre Plan. This new internal union membership rule allows Equity members to participate in their membership companies without the requirement of an Equity contract. Members may negotiate their own compensation, expense reimbursement and other working conditions.

Los Angeles 99-Seat Agreement. A collective bargaining agreement to be negotiated with producers for productions in theaters of 99 seats or fewer. The Agreement provides no restrictions on budget, length of the rehearsal period, ticket price, or the length of the performance run. The Agreement would provide for salary payments based on the legally-mandated minimum wage in Los Angeles County (currently $9 per hour) with minimum call requirements, but with no pension or health benefit payments required. The Agreement would require future rights based on the terms of the subsequent Equity collective bargaining agreement and would also require basic workplace standards.

NEW Small Professional Theatre Agreement (“SPT”). The SPT Agreement, which has long been available in other parts of the country, would now be permitted for productions in Los Angeles County in venues with a capacity up to 349 seats. There is no budget cap per production, no limitation on the length of the rehearsal period, and no restriction on the length of the performance run. The Agreement provides for salary payments ranging from $229 to $664 per week, based on the maximum number of weekly performances, with pension and health contributions required. The Agreement requires future rights based on the producer’s future involvement with any subsequent production and would also require basic workplace standards.

Hollywood Area Theatre Agreement (“HAT”). The HAT is an existing collective bargaining agreement for use in Los Angeles Theatres of 349-499 seats. There is no budget cap per production, and no restriction on the length of a performance run. Productions may rehearse for no fewer than 2 ½ weeks. The Agreement provides for salaries between $229 to $582 per week and based on a 5-performance week (up to three additional performances may be purchased), with salary increases every 20th week of employment. The Agreement requires pension and health benefit payments, future rights based on the producer’s future involvement with any subsequent production and would also require basic workplace standards. The HAT Agreement is an all-Equity agreement.

In the coming months, Equity will conduct a series of small group meetings with members in Los Angeles to discuss these important changes. Equity will also hold meetings with independent producers and multi-employer groups to discuss how they can utilize these options.