From first-hand observation:
On features, when there is heavy-duty, seven-days-per-week overtime, production output drops to "six days' worth of work" levels. Or less. ...
In other words, the studio pays for 84 hours of work and gets the equivalent of 60 or 70, if it's lucky. (I assume here that the company is actually paying overtime.)
The reason? That seventh day worked is mostly people staring at their computer screens in a trance because they're so exhausted.
The best example of this I can think of is Warner Bros.'s Space Jam. Because Daffy, Bugs and the rest of the gang were matched to live-action, Warners had sixty minutes of hand-drawn animation on ones, and eight months to produce all the footage. There were three units churning away in the San Fernando Valley, sub-contractors in Canada and elsewhere. I used to stroll through the different Valley facilities observing all the hollow, exhausted eyes staring at lightboards and phosphor screens.
The schedules were 7 days times 14 hours, month after month. Output slowly but steadily dropped through the week until on Sunday, very little got done. Everybody was zombied out and in a trance. (One assistant bragged to me how he worked twenty-eight hours straight and then napped under his desk.)
Happily, everybody was paid for their hours.
But the thing of it is, even though middle managers knew little production was done on the seventh day, they had to insist on people coming in and working anyway. Because if managers had allowed a day off and the schedule had been missed, then their asses would have been grass. So they tossed the money away on a (relatively) worthless seventh workday because it was the political expedient thing to do.*
With hard release dates staring production crews in the face, long and frantic production weeks are often the norm.
* Currently, the cramped schedule of "Tangled" is requiring a six-day workweek. Artists tell me they haven't had to do many seven-day weeks...
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25 comments:
'Happily, everybody was paid for their hours.'
No. It's not happily. People who work like that suffer, as well as their families. But its not YOUR place to tell the management to accurately schedule their project, to monitor their productions so that this doesnt happen: 7 day workweeks with bragging assistants who sleep under their desks. Now THAT would be Union-Representation!
Facetiousness goes right over your head, doesn't it?
And just so you know? I was telling the second set of line producers months before production started that they didn't have enough time. (The producers kind of knew that, but Ivan Reitman -- whose production "Space Jam" was -- took his time approving designs.)
What exactly would you have liked me to do? I'd be interested in knowing.
Oh. And that "bragging assistant"?
He was a TAG executive board member: Craig Littell-Herrick. They paid him for the hours and he was happy to get it.
He violated turn-around times and did it consciously. And I found out about it after the fact.
"Facetiousness goes right over your head, doesn't it?"
Out of all due respect, Sir, I am just pushing the envelope under the guise of anonomous cover. I do not mean any disrespect, but I find questions being uncovered in the details.
"And just so you know? I was telling the second set of line producers months before production started that they didn't have enough time."
Yes, we need to hear more of this, I would like to see THOSE people somehow be held accountable for their fuckups instead of us. Because of their fuckups, either we get paid correctly, or dont get paid correctly. If not paid correctly, I understand that you can act on an individuals behalf ONLY if they bring it to your attention and are willing to be named as an individual complaintant. Great, for when it works. Too bad for when it doesnt and the artist just cowers in fear and belittlement.
"What exactly would you have liked me to do?" You did it: on this day, you put it in writing in this forum. It caused me to question. What could you do back then? Probably nothing more than what you did, which probably affected them at least mildly.(They may have said inside" yeah you are right, but this happens all the time, AND there's nothing YOU can do about it anyways!). But, because it didn't matter for there were no consequenses from the Union or the people in the Union, they dont have to fix their broken wheel. They just make the artists carry the car from the axle.
As for the bragging assistant, I knew him, could relate to him, and have bragged like him for the same reason: SO I WILL BE MORE LIKED. But it really doesnt go far: no guarantee of being perceived as a 'team player', and likely unfair stuff like politics and crap that come into play. And please dont name names. I've dropped out of other forums for being named. Regardless of the begging to come back, they feel no consious about their power and its too bad. I am an asset. And a butt too!
I have to agree with anonymous. The continuos overtime hours have completely taken away any life I have outside of work. I'm a CG lighter/comp artist so I come in at the end of production. Since studios have moved over to mostly hiring per production, I'm brought in for the last 4-6 months when the deadline is looming and any buffer has been spent in the preceding departments. When the show is over, I move on to another show that is already in OT. So I rarely work anything but OT. It's no way to live at 40 years old and I sure as he'll can't imagine doing it until I'm 62!! I would think the union could set terms on how many months a studio can ask people to do OT (1 is reasonable, 5 is not) and how much heads up they have to give (since almost every time I've had to start Saturday work for the coming 4-6 months, I'm told at about 4pm on Friday: "we're going to Saturdays starting tomorrow". The production process is broken in this whole industry and had I known this before I started, I would have never gotten myself into it. Life is too short to sit in a dark room staring at a computer 60-100 hrs a week. That's my $.02
So...quit. You're not being forced to work in this industry. You're not a slave.
You're getting paid overtime. You don't want to work overtime then tell them that.
And please dont name names.
Craig passed away several years ago. Vietnam vet, tireless worker, good union guy. And he was happy to have his union pension at the end, and told me so.
I don't think he'll mind being named. My policy is I don't name anybody who's living and working in the biz.
Anon 11:29pm - So, you want Steve to comment on the transgressions he sees? That's what you'd have us do? Welcome to our Blog then. You'll find Steve writes regularly of his findings on his studio visits.
I agree. Steve is doing his job.
Life is too short to sit in a dark room staring at a computer 60-100 hrs a week.
Don't disagree with you, anon, but don't think it hasn't been this way for a long time.
The "Snow White" crew killed itself to get the picture out. (It's part of the reason there was a strike three years later. Promises were made by management that weren't kept.)
There was big overtime on "Tron", on "The Little Mermaid," and "Beauty and the Beast." Assistant animators ruined their wrists and shoulders.
Anybody who thinks that long hours are a recent kind of thing don't know what's gone before.
Let me tell you my wife's experience:
She worked endless hours on Tron. The crew had a phone tree to get people into the studio when there was extra work. (And there was lots of extra work.) Ninety hours per week was pretty standard. This was in 1981.
On Little Mermaid she was working 80-100 hour weeks. At the time we had a toddler that I was home watching, since I was then going to graduate school for a teaching credential and had more free time for child-rearing. She had none.
Years later, when I was Business Rep, assistants complained to me about the huge amounts of o.t. on Rescuers Down Under, Sleeping Beauty and Aladdin. (Production smoothed out after that and it diminished through the rest of the decade.)
But don't think this is a thing that only occuse in animation. Editors have had their post-production times shrunk, live-action crews work killer hours, this kind of thing happens in every corner of the movie business. Sometimes it's worse and sometimes it's better, but it's always there.
Wooooow, so I'm confused.
'Happily, everybody was paid for their hours.'
No. It's not happily. People who work like that suffer, as well as their families.
Facetiousness goes right over your head, doesn't it?
So this, Steve, indicates to me that you know it is not a healthy work environment. Yet, because it's always been this way, why bother trying to change it? I thought that's what unions are all about? If this smattering of responses is indicative of the feelings in the industry, you're right, it will never change. People will continue to be burned out just to be replaced by 20 somethings with no experience and no family to ignore who will tell you to take the heat or quit. (Sorry Anon@8:57, I can only assume you are young and eager and don't have a spouse or kids who never get to see you.) Just because you enjoy your job, doesn't mean you have to be treated poorly while doing it. And just because it's always been done this way, doesn't make it the right way nor even the best way to do it. It'll stay this way until someone cares enough to change it. I put out my thoughts on this to gauge whether or not anyone else DOES care about this. I guess not?
'Happily, everybody was paid for their hours.'
No. It's not happily. People who work like that suffer, as well as their families.
Facetiousness goes right over your head, doesn't it?
Wooooow, I'm confused. This says, to me, Steve, that you know this isn't a healthy work environment. I thought this is exactly what unions were created for? Just because this is the way it's always been doesn't mean that it is the right way or even the best way to do business (I believe you mentioned the vacant stares during high OT times). The production process is broken. I hope we can all at least agree on that. I never said that I thought this was some sort of new phenomenon and honestly, I don't expect it to change during my career (and now that I know what the union rep thinks, I know it won't). But in my opinion, just because someone loves their job doesn't mean they should be required to choose between their job and their family (or friends or a beloved hobby for that matter). To the Anon who thinks my options are to suck it up or quit, I can only assume that you are young, eager and don't have a spouse or kids at home who never get to see you. I don't mean that as an insult, I just can't imagine any other reason for not wanting a better life/work balance. I was that way all through my 20s and 30s and now I want more for myself and my life. I will always work hard but I don't necessarily want work to be the only thing in my life. Truthfully, I've been working on my Plan B because I don't see this changing anytime soon and it's not acceptable to me. Everybody I know in the business has a Plan B. Wouldn't it be better to try to keep experienced artists by not running them into the ground? Or are we just content to let the studios use us up and replace us with the young, the eager, those willing to do anything (including not billing for OT)? Just keep in mind, those younger people grow up, have families and are replaced with newer models... but hey, you can always just quit.
In California, an employer cannot force you to work 7 days in a row without a day off. Per the California Labor Code:
Section 550. As used in this chapter "day's rest" applies to all situations whether the employee is engaged by the day, week, month, or year, and whether the work performed is done in the day or night time.
Section 551. Every person employed in any occupation of labor is entitled to one day's rest therefrom in seven.
Section 552. No employer of labor shall cause his employees to work more than six days in seven.
Section 553. Any person who violates this chapter is guilty of a misdemeanor.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558
In addition, this bit of California Labor Law may also be useful:
Division of Labor Standards Enforcement (DLSE)
Retaliation Complaint Unit
Employees
As an employee in the State of California, you have the right to speak to representatives of the office of the California Labor Commissioner or any other government or law enforcement agency about any issues affecting your working conditions. Your employer cannot fire, demote, suspend or discipline you for answering any questions or providing any information to a government agency.
Employers
It is illegal in the State of California to retaliate against any employee who provides information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses a violation or noncompliance with a state or federal statute, rule, or regulation. You cannot discharge, demote, suspend or discipline in any manner an employee who engages in this protected activity.
http://www.dir.ca.gov/dlse/dlseDiscrimination.html
**The "Snow White" crew killed itself to get the picture out. (It's part of the reason there was a strike three years later. Promises were made by management that weren't kept.)**
Promises were made that COULDN'T be kept. Because Pinocchio and Fantasia bombed. (And speaking of bombs, there was also a little conflict going on in Europe, thus killing all the revenue from foreign markets).
'Happily, everybody was paid for their hours.'
No. It's not happily. People who work like that suffer, as well as their families.
Facetiousness goes right over your head, doesn't it?
So I'm confused. This says, to me, Steve, that you know this isn't a healthy work environment. If that's the case, isn't this exactly what unions were created for? Just because this is the way it's always been doesn't mean that it is the right way or even the best way to do business (I believe you mentioned the vacant stares during high OT times). And I'm not talking about a few productions that got out of hand, I'm talking about every single film that I have ever worked on. Every film requires months and months of overtime. To me, that is a systemic problem. I never said that I thought this was some sort of new phenomenon (though possibly the persistence of it is) and honestly, I don't expect it to change during my career. But in my opinion, just because someone loves their job doesn't mean they should be required to choose between their job and their family (or friends or a hobby that's really important to them for that matter).
To the Anon who said " So...quit":
Very sage advice. I wish I had that luxury. But I am not living in a 1 bedroom apartment with 3 other people and a couple kegs on the balcony hoping a case of Raman will get me through the month. I have financial responsibilities and people who count on me. I can only assume that you are young, eager and don't have a spouse or kids at home who never get to see you. Because I can't imagine any other reason for not wanting a better life/work balance. I was that way all through my 20s and 30s and now I want more for myself and my life. I will always work hard but I don't necessarily want work to be the only thing in my life. Truthfully, I am working on my Plan B career because I don't see this changing anytime soon and it's not acceptable to me. Everybody I know in the business has a Plan B. Wouldn't it be better to try to keep experienced artists by not running them into the ground? Or are we just content to let the studios use us up and replace us with the young, the eager, those willing to do anything (including not billing for OT, etc)?
Sure, I can quit, what do you care? But those behind me will still get older, have families and responsibilities outside of work all the while watching production schedules get tighter and tighter. But hey, I guess when you get there and realize that it's not fun or cool anymore, you can always just quit. And so the world circles on....
Welcome back Anon -
The question still remains to you. What would you have us do? Our contracts stipulate wage floors, reiterate and enforce overtime laws, and even define holidays, among other things. One can certainly say we have influenced managements decision with respect to how employees are treated. These stipulations have been hammered out over numerous negotiations and agreements. TAG has never been given veto authority over how a production is scheduled. Could it be something added? I suppose. Would it be contested aggressively? Most likely.
If you'd like it added to the contract at the studio you are working at, come to the next membership meeting and raise the question. I can't say how long if will take or if it will make it on the next round of negotiations. I can say it will take some doing to accomplish.
Unless there is something in the TAG CBA that otherwise allows it, no employee can be "forced" to work seven days in a week.
Per the California Labor Code, Division 1, Part 2, Chapter 1:
550. As used in this chapter "day's rest" applies to all situations whether the employee is engaged by the day, week, month, or year, and whether the work performed is done in the day or night time.
551. Every person employed in any occupation of labor is entitled to one day's rest therefrom in seven.
552. No employer of labor shall cause his employees to work more than six days in seven.
553. Any person who violates this chapter is guilty of a misdemeanor.
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=
'Welcome back Anon -'
I'm not he or her or it. And he or she or it aint I. But there are a number of us who feel the same way. You'all shall help us and vice-versa in getting it understood and out in the open. We may come to accept that things are the way they are and nothing can be done, but as of now, there are those that are really puzzled and perplexed as to how things got the way that they are and is there anything we'all can do about it. Till then, the Union is in a weakened state of being. And speaking of states: it is just over the news that Harley Davidson just approved a contract to keep their work in the state of Wisconsin. Just when China was gearing up to take over....
Regarding unpaid overtime, here is what California state law has to say about a couple of relevant issues:
Q. If an employee works unauthorized overtime is the employer obligated to pay for it?
A. Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to an including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
An employer can discipline an employee if he or she violates the employer's policy of working overtime without the required authorization. However, California's wage and hour laws require that the employee be compensated for any hours he or she is "suffered or permitted to work, whether or not required to do so." California case law holds that "suffer or permit" means work the employer knew or should have known about. Thus, an employee cannot deliberately prevent the employer from obtaining knowledge of the unauthorized overtime worked, and come back later to claim recovery. The employer must have the opportunity to obey the law.
Q. Can an employee waive his or her right to overtime compensation?
A. No, California law requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or "waiver" will not prevent an employee from recovering the difference between the wages paid the employee and the overtime compensation he or she is entitled to receive. Labor Code Section 1194
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
Regarding the issue of "retaliation" if an artist complains about workplace wage and/or labor conditions violations, this is what the California Division of Labor Standards Enforcement and the California Labor Code states:
"It is illegal in the State of California to retaliate against any employee who provides information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses a violation or noncompliance with a state or federal statute, rule, or regulation. You cannot discharge, demote, suspend or discipline in any manner an employee who engages in this protected activity."
http://www.dir.ca.gov/dlse/dlseDiscrimination.html
Artists do not need to wait for TAG to file complaints. You can do it yourself. I would also advise artists to printout these relevant portions of the California Labor Code and anonymously email or send hardcopy to the desks of the producers, production managers, owners and/or the officers of the company they are working for. Make it clear that YOU know the law, and make it clear that THEY can be held personally liable for violations. It only takes ONE person to file a complaint, and a whole world of hurt will come crashing down on a company which violates state wage and labor laws.
Share this info with your co-workers. Discuss. Take a stand. Take action.
More to come...
Welcome back Winston! Good to hear from you again!
The only thing I could add to the Anon post at 2:27pm:
Unless there is something in the TAG CBA that otherwise allows it, no employee can be "forced" to work seven days in a week.
Even if there was something in the CBA that stipulated working seven day weeks (can't see how that would be beneficial, but for argument sake), we'd be trumped by State and Federal law.
I'm the long-winded anon who's too old for this schedule. I would ask that the conversation not get taken over by discussions about unpaid OT. That's all I ever hear talk of and it's a completely different discussion since unpaid OT is illegal. Asking for OT is not illegal but it's been abused in my opinion. I get paid OT, which is great. I used to work in another terribly organized industry that did not pay OT. I know that I am lucky that I have a very good job and I get paid OT. But that doesn't really have anything to do with not having a proper balance between work and the rest of my life. I'm not currently working at a union shop but if work hours were addressed by the union, I would fight tooth and nail to try to get it in.
As for what would I have you do,
- How about having pay not based on a "normal" work week but based on consecutive days worked. In reality, OT pay is set higher as a deterrent to companies requesting it yet somehow that isn't deterring anyone. They just throw money at the issue for a shorter period of time instead of getting their production schedule in order. Perhaps a tiered OT pay schedule that requires higher pay the longer the days and weeks get? For example: time and a half over 8 hrs, double time over 10, triple time over 12, time and a half for the 6th consecutive day, double time for the 7th consecutive day, triple time for the next consecutive days until you get a day off then it resets. Yeah, it's expensive but wouldn't it deter studios from trying to cram 2 years worth of work into 1? And yes, I also know that this will never happen.
or take some ideas from live action:
2) time off between shifts (called "turn around" in live action) where there is a set minimum amount of time workers must be given between work days.
3) set maximum number of days in a row studios can ask for OT
The studios seem to spend enormous amounts of time and money reworking stories over and over again, replacing Directors and writers over a span of years (decades sometimes!). Then when it comes time to actually make the movie, we get about 18 months from start of production to in the can. I've never understood that.
I'm sure it's a pipe dream but if the hours were more normal, I would stay in this business for many years to come. I mostly wrote my first post to gauge how others feel about the issue. It sounds like a lot of people are just fine with the status quo which is actually pretty surprising to me.
Hi Steven
Perhaps TAG could put together a memo of some of the aforementioned relevant California wage and labor laws to take round to member artists and signatory companies.
Might help to put some pressure on employers to actually follow the law in regards to pressuring people to work seven days a week and "allowing/expecting" artists to work uncompensated OT.
Also, gives notice that TAG is not only watching-out for violations of the CBA, but also is encouraging members to report wage/labor violations to the state.
Best,
W
Anon 4:26pm -
Those are great ideas. I agree that right now it seems pretty ridiculous. But as you pointed out, precedent has been set with contracts in Live Action. I wouldn't go so far as to say its a pipe dream. The rules seem to be different for above and below the line employees, and that's what we're here to change, isn't it? :)
Winston -
Your advice is sage and wise. I will bring it to Steve and see if we can have something like that available for the next membership meeting as well as for him to carry along on his studio visits. Maybe he could also put up a blog post regarding this ..
.. or did you just do that. :)
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