WGA Answers Frequently Asked Questions About Potential Strike

David Robb
·7 min read

The WGA, in a message to members accompanying its new set of “Strike Rules,” is answering frequently asked questions about a possible strike that could happen as soon as May 2. And the answer to many of the questions is “No.”

The list ranges from unemployment insurance for strikers (you don’t get it in California, but you do in New York) to whether employers can cancel writing assignments and overall deals during a strike (it depends). Have a look below.

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If there is a strike, when would it start?

A strike could start as early as 12:01 a.m. Pacific Time on Tuesday, May 2. Guild members would be notified of a strike’s start date as soon as a decision is made. As always, members should be very wary of rumors about a possible strike, including its timing, and rely only on official Guild communications.

I’ve heard from reps and execs that the Guild will extend the contract through June or July. Is that true?

No. There are no plans to extend the deadline. Unless you hear it directly from the WGA, you should assume that the rumor is nothing more than that.

Do I qualify for unemployment insurance if I’m not working because I’m on strike?

In California, employees on strike are normally not entitled to unemployment insurance benefits. In New York, employees eligible for unemployment are entitled to unemployment insurance benefits while on strike after a two (2) week waiting period.

Are residuals payments suspended during a strike?

No, the Companies must continue to pay residuals that are owed. The Guild will continue to enforce residual obligations.

Will I be held liable for breach of contract for going on strike?

The MBA provides that both the writer’s and company’s obligations under existing employment contracts are suspended during a strike and the writer may not be held liable for breach of contract for observing a strike if the member performs their contractual obligations after a strike concludes.

If there’s a strike, will the company terminate my writing agreement or overall deal?

The company’s right to terminate will normally depend on the language of the writer’s individual agreement or overall deal. If the writer’s individual agreement has a force majeure provision identifying a strike/work stoppage as a ground for termination, the Company may be able to exercise its right of termination. Because contract language varies widely and other factors may affect the Company’s rights, please reach out to the WGAW Legal Department so we can advise you.

What will happen to my show if there’s a strike—will it resume after the strike is over or will it be canceled?

It is up to the companies whether to continue production of a show that is interrupted by a strike.

What will happen to my show if there’s a strike—will it resume after the strike is over or will it be canceled?

It is up to the companies whether to continue production of a show that is interrupted by a strike.

Are there any circumstances under which I can render writing services for a struck company during a strike?

No. A member cannot render writing services for a struck company during a strike under any circumstances.

I understand I can’t perform writing services during a strike, but can I still produce?

Guild members are prohibited from performing any writing services during a strike, including making changes or revisions to literary material (including cutting and pasting from already written drafts), as well as (a)-(h) services, such as cutting for time (which often happens in the editing bay during post), or adjusting dialogue during principal photography. The Guild can’t require members not to perform purely producing functions, but members are encouraged to refuse to perform any work for struck studios to assist the strike effort.

Do the Strike Rules apply to showrunners and other writer-producers?

Yes. Showrunners and writer-producers, like every other member of the Guild, must follow the Strike Rules. The Strike Rules prohibit showrunners—or any other members—from performing writing during production and post-production, including (a)-(h) writing services. In 2007-08, many showrunners went farther than that and refused to perform any services for struck companies during the strike.

Do the Strike Rules apply to writer-directors and writer-performers?

Yes. These members also must follow the Strike Rules, which prohibit performing any writing services during a strike.

Can I direct during the strike?

The Guilds can’t prohibit you from directing under the DGA agreement. But as a director, you can’t rewrite or polish the script or perform other writing services, even if you are not hired on the project as a writer.

Can I perform during the strike?

The Guilds can’t prohibit you from performing under the SAG-AFTRA agreement. But as an actor or performer, you can’t write any of your or others’ lines, even if you are not hired on the project as a writer.

Members can’t write, even if also employed in the capacity of a performer.

Can I write for a non-signatory foreign producer? What about a job falling under WGC jurisdiction?

No, you cannot write for a non-signatory foreign producer. Guild Working Rule 8 prohibits members from working for non-signatory companies. This rule applies at all times but is particularly important during a strike because of the potential that a non-signatory producer could be used as a subterfuge to have work performed for a struck company.

In the event of a strike, all Canadian waiver agreements will be terminated, and therefore you are not permitted to continue writing on such projects during a strike.

We encourage writers to call us with the particulars of their situation so we can assess whether they are in danger of engaging in strike-breaking activity.

Can I pitch during a strike?

No, you cannot pitch during a strike.

Can I take a general meeting during a strike?

No.

Can I write a spec script during a strike?

You can write a spec script during a strike, but neither you nor your reps can shop, option, or sell the spec script, or take any action to further the future option or sale of the spec script, including developing the script with a producer, or attaching talent or other elements to the project.

Can I enter into an option agreement during a strike? If an option on literary material expires during a strike, can I negotiate an extension of the option?

No, you may not negotiate with a struck company for option or sale of literary material, including an extension of an option agreement that predates a strike.

I’ve been commenced on a step but haven’t delivered. Am I required to deliver before the MBA expires on May 1, 2023?

No, the MBA’s expiration on May 1 does not require you to deliver before then. But if you have not completed your step by May 1 and the Guild calls a strike the following day, it’s pencils down until we come to terms on a new MBA. You should deliver before May 1 if you have completed the step or if you must do so to comply with the writing period in your contract.

I’m on an O-1 Visa — is my immigration status impacted by participating in a strike?

No. A writer’s immigration status will normally not be affected in the event of a strike, provided that the writer complies with all the normal O-1 visa rules.

Erik Pedersen contributed to this report.

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