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OREGON INDUSTRY STANDARDS & PRAC TICES

Standards and Practices

T

he guidelines presented here are for the purpose of providing predictability and consistency to the production process. While adherence to the guidelines is voluntary, they shall, in the absence of any negotiations which result in alternative guidelines, be presumed to be in effect on productions carried by Oregon industry members. It is the responsibility of the parties involved to come to an agreement prior to the commencement of production concerning situations not covered in these guidelines. Any alternative guidelines must not fall below the standards set by state and federal statutes. These guidelines were endorsed in 1991 by Oregon Media Production Association (OMPA) and Southern Oregon Film and Media (SOFaM). It is incumbent upon all parties involved to be aware of the fact that there are federal and state wage and hour statutes that cover situations not directly addressed in these guidelines. Statutes of importance cover the definitions of: minimum hourly wage, minimum weekly wage, rest periods, “work” time and meal periods.

PRODUCER AND TECHNICIAN

1. Employer/Employee It is assumed throughout the body of this section that an employer/employee relationship exists between the producer and the technician. If it is believed that this is not the case, there is appended at the end of this document both state and the federal guidelines to aid in determining whether an employer/­employee or an independent subcontractor relationship exists.

2. Rates Rates are based on a 10-hour day and set by the technician. “Work time,” that part of the day in which the technician may charge for his or her time, shall begin at the call time (or under conditions discussed in Section 3) and shall end when the technician has discharged all duties for the day. Minimum call, 5 hours or less of work time, shall be billed at 60% of the day rate. Hourly straight-time rates are determined by dividing the technician’s daily rate by 10. Overtime rates should be calculated by the following: • Monday-Saturday: 10-12 hours is hourly rate x 1.5; 12-18 hours is hourly rate x 2.0; over 18 hours is hourly rate x 3.0; • Sunday and Holidays: Monday-Saturday rate x 1.5. Holidays are: New Years Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving and Christmas. If the workday commences between the hours of 2pm and midnight and extends beyond midnight, or if it commences between midnight and 5am, the technician shall be paid an additional 15% of his or her gross wages. Those required to work a split shift shall be paid straight hourly time for the period between those shifts; however, only those hours actually spent in production shall be counted toward overtime. “Prevailing rate” shall be defined as the technician’s applicable daily rate with the addition of any penalties for overtime.

3. Scheduling Postponement of Confirmed Days. Postponements will not be charged providing the technician is given notice of such postponement at least 12 hours prior to the intended call time and the project is rescheduled within 10 calendar days. If insufficient notice is given or rescheduling does not take place, cancellation policy will apply. Cancellation of Confirmed Days. Cancellations made less than 48 hours before shoot time will be charged a minimum call for labor and 50% of the day rate for equipment for all confirmed days, not to exceed 10 confirmed days. Additionally, the technician shall be reimbursed for all out-of-pocket expenses. Weather/Contingency. Work held up due to weather, illness, absence of irreplaceable production members or other conditions beyond the control of the production company shall be billed as follows: a. Minimum call if technician is released for day (or night). b. Time spent shall be considered as work time by technician, if required to wait for weather/contingency situations to change and be billed at full rates. c. All direct and out-of-pocket expenses shall be reimbursed. d. Equipment held under such conditions shall be billed at full rates. e. If work is not resumed at the end of the contingent situation, postponement and/ or cancellation conditions apply.

4. Travel Time Travel to and from work in the area within a 25-mile radius of City Hall shall not be considered as work time. Travel outside the 25-mile radius on a day when no production occurs: shall be billed at the straight hourly rate set by the contractor, shall begin upon commencement of travel, and shall not constitute less than a minimum call (see Section 1). Travel time outside the 25-mile radius on a day in which production does occur shall be considered as work time. Such work time will commence at the 25-mile point and cease upon re-entering the 25-mile zone. The prevailing rate shall be applicable until the 25-mile zone is re-entered. Personnel required to drive production vehicles, regardless of what that vehicle is or who is the owner, shall have their work day begin at the commencement of travel in said vehicles and end when all duties have been discharged for the day.

5. Distant Locations At a distant location (one outside the 25-mile zone and where the technician is lodged for the night), lodging shall be provided to the technician by the producer. When available, single room accommodations shall be required. The producer shall provide meals or a per diem commensurate with the standard of living in the area.

6. Meals The first meal break shall commence no sooner than 4 hours and no later than 6 hours from the beginning of the workday. There shall be no less than 4 nor more than 6 hours from the end of the preceding meal break and each subsequent meal break. A meal break shall be no less than 30 minutes, nor more than one hour in length. If more than one meal occurs in a work day, then all additional meals shall be hot meals. If the meal break occurs in less than 4 hours. The whole meal period shall be considered as work time. No employee shall be required to work during a meal break. If restaurant facilities are not reasonably available when on location, the producer agrees to provide a well-balanced meal at no charge. The meal period shall not be considered as work time. A grace period of 15 minutes to complete the shot in progress shall be allowed so long as all department heads are notified in advance. If no meal break occurs after this grace period. Penalties shall continue to accrue from the point at which the 6 hour period was exceeded. The producer will be assessed a penalty according to the following schedule for each 30-minute period (or fraction thereof) of work exceeding the 6 hours between meals: first half hour is $7.50; second half hour is $10.00; third & subsequent half hours are $12.50.

38  SourceOregon 2017 | A Publication of the OMPA

Profile for Oregon Media Production Association

SourceOregon 2017  

Enjoy OMPA's annual publication exclusively highlighting the award winning work of Oregon Media Production Association members. 2017 theme...

SourceOregon 2017  

Enjoy OMPA's annual publication exclusively highlighting the award winning work of Oregon Media Production Association members. 2017 theme...

Profile for ompa
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