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This morning, a dozen workers from some of TV’s top reality shows, including American Idol, Are You Smarter Than A Fifth Grader?, and American Inventor, gathered at the Van Nuys office of the California Division of Labor Standards Enforcement (DLSE) to file 21 claims alleging that the producers of these shows owe them unpaid overtime and penalties that could total over $500,000. (See WGA photos from the scene...) The majority of the workers filing had worked for FremantleMedia, the international conglomerate and reality TV hit factory that the WGA rallied against during the strike. A meeting between the claimants and the companies will be scheduled by the DLSE to determine if each case will receive an official hearing. “Hopefully the bravery of these people who have taken a stand today will encourage more reality TV workers to come forward and call attention to practices that the entertainment industry can no longer ignore,” said Paul Nawrocki, Assistant Executive Director of the Writers Guild of America, West.
According to "Harsh Reality", a study released last fall by the Writers Guild of America, West, reality TV workers report widespread violations of wage and hour laws, including the failure of production companies to pay overtime, provide meal breaks and maintain accurate payroll records. The study found that 88% of reality writers work more than 40 hours a week, yet 91% receive no overtime pay. The study also revealed that 73% of respondents work through their meal break at least once a week. Most of the workers polled did not receive any form of health care or pension benefits. Yet analysts estimate that American Idol has earned over $200 million in profits for the Fox broadcast network. "Despite the huge profits made by the companies that produce these shows, many of the workers – including writers, production assistants, contestant coordinators, craft services, and office workers – work long hours without receiving overtime compensation or being allowed to take proper breaks," said a statement by the WGA, which organized a protest outside the DLSE office in Van Nuys.
The WGA organized a morning press conference with workers from hit reality TV shows American Idol, Are You Smarter Than A Fifth Grader?, So You Think You Can Dance, Gene Simmons’ Family Jewels, Amazing Race, American Inventor, On The Lot and others. Speakers were to include: Deputy District Director Kan Matoo, representing Assemblyman Lloyd Levine (AD-40), UCLA Center for Labor Research and Education Director Sharon Delugach, Teamsters Local 399 Organizing Director Steve Dayan, and others. This was reminiscent of the WGA rally outside FremantleMedia North America to call attention to conditions for writers working on reality television programming in December. (See photo left.) The WGA made organizing Reality TV workers a major issue during the writer's strike, as well as animation writers, but that had to be abandoned in order to clinch a final settlement with the Big Media moguls. I know that WGAW President Patric Verrone and executive director Dave Young privately rued that they couldn't get traction on the issue. So I find it admirable that the guild is going full steam ahead on this cause.
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This sort of petty nickel and dime cheating is one of things that’s making Hollywood such a terrible place to do business. Sure, the various reality shows saved an accumulated overtime of $500,000 but how much this will cost producers in the future. It could add up to the millions.
And it’s not as if these are unforeseen circumstances, they’re pretty damn obvious circumstances.
It’s a self-fulfilling idiocy.
It’s not jsut reality shows it’s also Game Shows which are already in the guild’s MBA as being covered. These shows all have writers and the companies think they can pretend that they don’t. Maybe if enough people file claims they will start doing the right thing. In addition to the financial penalties they will be paying they should be prosecuted for knowingly breaking the law. They think they are above all this but they are not.
Studios never believed that cartoons, such as “The Simpsons” were “written.” Think about that for a moment. They have a harder time believing that a show like “Survivor” has a crafted storyline. Face it, Hollywood is a town full of people who are willing to work for free in order to “get in the door.” The producers cash in on this.
When the WGA tries to legitimately organize and bring animators and “story editors” into the fold, they are seen as a union “raiding” other unions – namely IATSE and the Animation Guild. Do those unions pay residuals? Do those unions get significant pension and health care benefits for their members? Think about the money generated by their work…
Brett
Let me see if I have this straight: for all Patric’s and Dave’s admirable anguish, the WGA has consistently failed to organize reality writers, won’t let its own hungry members bury their cards to write non-signatory reality, forced these demi-monde members to obey strike rules anyway, and finally sacrificed them to the AMPTP. Okay, casualties of war. But now they’re trying to get overtime pay for people they can’t organize, won’t represent, and cannot protect? Hey, good luck; the kids who write reality work hard and long and all they have to show for it is crap. What we need are Congressional hearings, like for payola and quiz shows, that shine light on the fact that reality shows are scripted, cast, contrived, faked, and Frankenbited.
Brett says Do those unions get significant pension and health care benefits for their members?
Yes Brett, the IATSE does get residuals, and significant pension and heath care benifits for it’s members.
someone else says But now they’re trying to get overtime pay for people they can’t organize, won’t represent, and cannot protect?
Not to mention, people who had every oppurtunitiy to walk off the job, stand with their WGA “family” and demand that protection, but have consistently chosen to punch the clock… I guess they don’t *really* want it that bad.
Hell, even the ANTM story dept. had to be paid by the WGA before they agreed to strike.
Variety posted nothing about this and the Hollywood Reporter buried it in their “Labor/Unions” area. Typical for the trade rags that make so much money on the ads by these companies. Just like with the strike, they continue the unfair and unobjective look at the news.
Hey reality-based fantasy… the WGA has already won overtime pay for a couple of reality shows. This is just expanding on that.
Idol Gives Back?! Yeah, but not to their own workers, who’re abused then told they shouldn’t complain, they’re on a number one show.
Thanks, Nikki, for highlighting the fight of reality writers to get recognized and organized!
These folks are very brave for standing up to these abusive companies — hopefully many more will follow suit (pardon the pun) and file their own claims.
Meanwhile, I’m all for the call for Congressional hearings… the abuse the reality workers take is definitely worth looking into. These companies are making millions of dollars on the backs of their workers, to whom they provide NO HEALTH INSURANCE, NO PENSION AND NO OVERTIME! It’s gotta stop, people. And the WGA seem to be the only people doing anything about it.
And P.S. the Idol PA’s are not Teamsters and are driving the precious contestants around? Not smart, people.
The idea that the ANTM strikers were paid to strike is absurd. It’s true that we did receive a strike stipend, it’s also true that most of us we’re living paycheck to paycheck and couldn’t claim unemployment while striking. We therefore would not have been able to make the sacrifice of striking for the greater good of all reality writers without financial assistance — and we still went into debt.
One can argue about many points of the ANTM strike but that is not one of them.
Well, Dan – some of us Reality folk did walk The Line. We didn’t work for 4 months in support of the WGA… and what did we get for it? We got screwed. Read last month’s issue of “Written By” and you’ll see an article in that WGA Magazine describing Reality shows as “Hitting Bottom.” That’s how the WGA really feels about Reality. We were nothing more than a bargaining chip. The funny part is – check the ratings and you’ll see Reality is more popular than Scripted. Why are we kowtowing to the WGA? It’s like Hillary offering Obama the VP slot – we’re the ones who are winning!
I’m glad someone is trying to draw attention to this issue, however simply filing claims won’t do anything. Fremantle works like every other big conglom: they work with smaller production companies that do their payroll and hiring. That way when someone files a complaint, the smaller company is included in claims and takes the responsibility for employee treatment. The conglom dissolves the smaller company, claiming they will no longer produce. But all that means is, the smaller company renames itself, and hires the same people under a different production name. For example, Apprentice changes the name of the production company that works in association with Burnett Productions every season. So if complaints are filed, the production can claim “we won’t work with that company again”. However, that company was basically created for the production.
In response to the postings above, let’s look at the big picture. Reality TV is written. I am the first story producer ever to give the Writers Guild of America a copy of a script I had written for a Reality TV show on ABC after I realized I was being used. Variety Daily did indeed run a story the morning before the press conference. I read it on my way to the press conference. Whether or not Fremantle works with smaller companies to produce its shows or if Mark Burnett Productions changes the names of the production companies for the next season of the Apprentice does not shield them from the law. The defendants named in these suits are Fremantle and in my case Endemol USA. The law firm representing these claims and others like them has never lost a case. It’s not a question of writers aka Story Producers and their colleagues knowing what they are getting themselves into, or agreeing to work under illegal conditions. Work is work. If you can get it you would be foolish not to take it even though you know the hours will be unbearable. Not all of us are trust fund babies. The Writers Guild of America has not abandoned Reality TV workers in any way, in spite of the shaky start from a few years ago or the outcome of the recent strike. As some of you well know, Reality TV writers and game show writers stood on the picket lines in solidarity with our scripted counterparts. Many of you got to know us as hard-working and creative people who are passionate about what we do. And at the same time, in a show of support, there were scripted TV writers and showrunners at yesterday’s press conference. It doesn’t matter if a PA is not a teamster. That is not the point. Steve Dayan of the Teamsters was there in solidarity with the PA from American Idol who showed tremendous courage speaking out against the extreme injustice. He was scared but he did it because he knows from personal experience that the networks and production companies treat workers in Reality TV as dispensable while they go on to make millions. I can assure you there is nothing petty about standing up for what is right. The truth is the truth and no matter how people try to spin it, the truth will always reveal itself. It is illegal to work more than 40 hours per week without being paid overtime. I have worked on eleven Reality TV shows in the past four years. I have been in situations where the executive producer was calling me at home at 3:00 in the morning when I could barely think straight asking “Where is the script?” The climate of fear is the norm and we work in situations where you can be fired at any given time. I am constantly having to dodge bullets when I work on a reality TV show. If you leave early it is frowned upon. By early, I mean wanting to go home at 10:00 pm after being in the edit bay all day. Or working 21 days straight without a day off. Red Bull is a main stable of my diet when I work on a reality TV show and I dare not complain or I will be fired. If I call in sick I won’t get paid. Writers and others working on Reality TV shows from PAs to field producers to story producers deserve overtime pay. This battle is just the beginning. At the end of the day, the big picture is simple. Everything on TV is written and should be covered under the MBA. Because of the brave few who filed these claims — and there will be many more to follow — writers of reality TV shows will one day see fair minimums, health and pension, residuals, and work guarantees which means if they fire you, they will have to pay through to the terms of the deal memo. I am proud to be a caucus member of the Writers Guild of America.
Many reality writers suffer from “Stockholm Syndrome” They bitch and moan about unfair conditions and such – then they show up each day for more.
They want all the WGA perks but aren’t willing to suffer to get them. They want WGA memebers to woo them and do the dirty work. Yes, they write, yes they deserve better.
But…like an abused wife, they’ll have dinner on the stove every night.
Great job filing the claims – good luck in organizing this rag tag group of misfits.
The WGA is not the answer for Reality workers – the WGA couldn’t even get more DVD resids for its scripted members for God’s sake. The WGA is nearly powerless. And of course they sold Reality out – anyone who can’t see that is a fool. The answer is to stand up for yourself. Do what my friend in Reality does – demand a day rate or refuse the job. By being paid as a day rate – no matter how high your title – you guarantee that you won’t work a 7-day week for 5 days pay. If you’re good enough, the employer will agree. If they don’t agree to it, then either the job’s not worth it or you’re not worth it.
I think what most people miss in this argument is that there are two distinct situations. #1. The WGA’s claim of jurisdiction over Reality and #2 Companies violating Labor Laws. There is no LABOR law that says a producer who writes has to be a member of the WGA – that’s absurd. What bugs me is that not all companies work like Freemantle or Burnett… (saying that they are even guilty of what is claimed) Some actually pay their pa’s and loggers and assistants OT and meal penalties and 6th and 7th day pay… and don’t ask their associate producers to work every weekend for free. Some realize the difference between the two issues. And – I am sorry – In my humble opinion – if you are a producer making 3K a week – you accept the fact that you don’t get to whine about meal penalties or over-time… please… talk about being a bunch of victims.
Now – having said that – I have heard horror stories about 18 hour days – seven days a week – which are inexcusable – but not all jobs are like that – no matter what the WGA would have you believe.
And isn’t it interesting that they chose to “walk out” on Top Model – which was nothing more then a hic-cup for that show – and don’t make a bolder move in trying to stage a walk-out on a show that would be crippled by such an event like Big Brother – or Idol.
I am not a writer. I don’t care about the WGA. I wish the reality workers all the best in getting what they deserve – but the issue isn’t the wga. it isn’t about just writers. It’s about people working as much as they possibly can just to get by paycheck to paycheck and getting screwed each and every week. I worked for 14 different reality shows. It is always the same story.
I filed a claim and at my trial the lawyer showed up with a fake deal memo.
Until the producers start being honest, keep copies of everything you sign. Keep your pay stubs. keep notes about your work days.
The unions can’t protect you – you have to protect yourself. This is a very competitive town and each and every person who does a good job, consistently and works 100 hour weeks should not be ashamed to get paid!
It is time the reality show production cos follow the same rules as everyone else – without the threat of a union!!!
When I stopped writing for a sitcom, I was making approximately $300k a year for about a 60 to 80 hour work week. Plus I had full benefits– vision, dental and health. The company bought us lunch every day (and usually dinner). I also got residuals. My first year not working in scripted I received $60k in residuals. (Residuals are important for creative people to survive on in between jobs. It typically halves itself the next year and the next. And the next and so on…) It should be noted I never worked weekends in scripted. And I was still fairly low level… a story editor. Well, as a story editor in reality, I had more say about my episode, worked more hours (easily 16 to 18 hour days equaling about a 120 hour work week at minimum), worked most weekends, wrote quite a bit, had no vision, dental or health benefits, no overtime, no free food other than what was on the set while on the set… forget post!, no residuals and made $52k a year. Yet, my reality episodes repeated just as often as my scripted episodes repeated. And we’re talking top network shows.
Please note, these are just facts. I have more.
Reality writers do not receive respect. Writers in scripted do. From their coworkers, from their guild and from each other.
Writers in scripted also typically look down upon reality writers. And I have to say, after having done both, it’s a real shame because had I understood how much more creativity and involvement went into reality TV, I probably would have never been in scripted in the first place. (To go on the set and be involved in production, to write every day, to work with editors in post and know what your final show looks like before it airs!!!) Then again, there’s that little matter of getting paid, of having security, and building a future. Oh, yeah. The American Dream. There’s always that.
As a p.s.: I would strike in a minute to get reality writers benefits… if I had all the security that I had before in scripted. Reality does not offer that. If you don’t make the money, you can’t save the money to protect yourself and be okay financially. As a member of the WGA, I am disappointed by the WGA. I feel like they love you when you’re up and don’t support anyone when they’re down.
Meisner says
>>Studios never believed that cartoons, such as “The Simpsons” were “written.” Think about that for a moment.
Okay, I will. I believe the very FIRST group to not believe animation people ‘write’ is the WGA itself. Why else to you think WGA scribes on primetime animated shows feel like they get stiffed from being lumped into the television animation category of the Emmy’s?
The WGA is and never will be committed to animation, save for their occasional pathetic and ultimately destructive demand to save the entirety of animation from ‘doom’ in their negotiations. And only to whip it off the table like so many other crap bargaining chips Patric uses at his disposal.
There. I thought about it.
Really? The WGA cares so very much about the 21 useful idiots they got to complain to the Labor board so they can expand their membership and influence by 90 or 100%?
I’ve worked in reality for 3 years now. You sign your deal memo, and that’s that. It’s a good rate because you know you’ll be working late. You know production week will be 80 hours.
Hey WGA, how’d that last strike go? What did you guys end up getting?
Have fun with your union. We’re not assembly-line riveters…we work on TV shows. Go load a truck for a year then come back to your $2,400-a-week hell that is writing for an elimination show.