Summary of Off-Broadway Contract Negotiations 2016

This summary of changes to the Agreement between Actors’ Equity and Off-Broadway employers is effective November 21, 2016, through July 31, 2021.  Equity met over several months with the Off-Broadway League, as well as the Association of Non-Profit Theater Companies (“ANTC”) employers who—prior to this contract--had negotiated separately with Equity.  Because salary was Equity’s top priority in these negotiations, Equity made very few proposals other than for a substantial increase in salary.

The summary of changes reflects any new or changed terms from the existing contract.  If you are working on an off-Broadway agreement, and you have questions about these terms, please contact the Business Representative for your show, so that we can clarify any terms and conditions of the new Agreement.
The charts below represent the new salary structure for the term of the agreement divided among the three distinct employer groups: non-profits with operating budgets under $4M; non-profits with operating budgets over $4M; and commercial productions. Refer to the tables at the end of the summary for breakdown of non-profit theatres by tier.

Chart 1

ANTC Theatres shall now be governed by all terms of the Off-Broadway agreement for Non-Profit Under $4M. Once a Theatre’s operating budget exceeds $4M, it will move to the Over $4M level and terms will be adjusted accordingly.
All Non-Profit Under $4M categories limited to seven performances per week. An additional payment of 1/7th shall be required for an eighth performance.
Categories 1-3 are limited to 40 hours per week; categories 4-5 are limited to 42 hours per week.

Chart 2


Chart 3

New Rule 4(C) Auditions-Recording of Auditions:
If the Producer requests to see a performer who is unavailable to audition, the performer may agree to be auditioned by recorded means. Additionally, should a key member of the creative team not be able to attend any callback audition, Recording of Equity performers shall be permitted.
Rule 4(D)(18) Auditions-Principal Auditions for Converted Production:
Principal auditions shall be waived for converted, transferred, remounted, or co-productions if the next production occurs within a year and the casting remains the same. Auditions shall be required for the first leg of a co-production.

Rule 5(E) Billings and Programs:
Online programs may be used in lieu of printed programs provided a printed cast list is available.

Rule 11(A) Chorus: Additional Compensation Provisions:
The parts payment for Chorus playing a part has been eliminated.

Rule 18(A) Dance Captains:
The Dance Captain assignment must be made by the end of the second week of rehearsals.

Rule 37(B) Media-Cast Albums:
An eight-hour cast album recording may be scheduled over four days

Rule 37(E) Media-Advance News Footage:
Clarify that Producer may make one recording in rehearsal and that recording in performance is also permitted.

Rule 37(J) Media-Payment for Live Television Promotional Appearances:
The payment cap for an Actor is changed to the lesser of 1/8th of contractual salary or applicable SAG-AFTRA rate. If the SM does prep work for or restoration after a live TV promotional appearance, the SM shall receive 1/40th of contractual salary for each hour of work. There is no three-hour cap.

New Rule Non-Resident Aliens:
Two individual Actors per season or contract year and one Unit Company per season or contract year shall be permitted.

Rule 54(C)(4) Rehearsals: 
A two-thirds majority vote instead of unanimous vote shall be required for a straight six rehearsal.

Rule 54 (E)(1) Rehearsals-After Official Opening:
Stage Managers’ hours are reduced to 12 hours. No overtime shall be scheduled or incurred without Producer’s written approval.

Rule 60(J)(2)(b) Salaries-Set Moves:
The requirement for additional compensation has been eliminated.

Breakdown of Non-Profit Theatres by Tier:

Chart 4