Working on a Flat Rate

DISCLAIMER: This post is not to be interpreted as legal advice. Please note that the content of this post relates to I.A.T.S.E. Local 849 and may be specific to the contract and/or jurisdiction of the local. This content may not be the same for every jurisdiction or every union or local - please check with your local union for information about local procedures.

March 2025

Local 849’s Standard Agreement rate sheet (Schedule A) lists minimum hourly rates. Although the Union does not encourage it, some members negotiate flat daily or weekly rates. These crew work mainly in "off-set" positions, are self-scheduling and are generally in control of their hours. They’re often in Set Decoration, Costumes, Construction and Scenic, though some shooting/on-set crew will also work on a flat.

Not every show is suited to flat-rate work. Shows with many unknowns (lots of locations and travel, shooting days and nights and everything in between, a Production Manager you haven't worked with before, etc.) may not be the best fit for flat rates.

Negotiating flat pay rates should only be considered for experienced and seasoned technicians. Typically, only Heads of Department, Keys and 2nd Positions work on flat rates. It is inappropriate for novice or lower-level technicians to pursue a flat rate, and the Production Manager is unlikely to agree to this request. The lessons learned can be costly if you don’t fully understand your expectations from a time self-management perspective (more on this below).

The 849 contract has language which demands that (even on a flat rate) you must earn the minimum specified hourly rates. See Article 10.2 Minimum Terms and Conditions.

For example, if your flat is specified per week for 12-hour days, once the overtime structure is applied it is equivalent to 70 pay hours per 5-day week.

8 hrs (straight time)+ 4 hrs (1.5 time) = 14 pay hrs/day
14 pay hrs/day x 5 days = 70 pay hrs

Divide your weekly rate by 70 to determine the hourly equivalent. Please check with union staff (including myself) or a crew rep if you need help understanding this.

Weekly Rate / 70 hrs = $ amount per hr

There are Both Pros and Cons of Working on a Flat Rate

Pros:

The ability to self-schedule according to the workload that works best for you. However, because of this flexibility, you’ll probably not automatically receive meal penalties or turnaround premiums. Expect to schedule your time to avoid these. (or write your hours down - see below)
A predictable paycheck each week can help with personal budgeting.
You might have simplified weekly timesheets by not having to keep track of exact times such as meal breaks, wrap, etc. (though this is not the recommended method: see best practices below)

Cons:

Missing out on extra pay for meal penalties, turnaround premiums or travel time if you don’t schedule yourself properly (or make note of those hours!)
It can be difficult to argue for additional compensation if you find you’ve improperly planned your day/week. (UNLESS you follow some of the best practices below)
Despite your clever scheduling, you may work more hours than you’re compensated for on a given day due to uncontrolled circumstances like an unexpected shooting schedule change, location loss or illness on your team.

Best Practices When Working on a Flat Rate

To ensure you and the Production Manager understand the conditions of the flat rate, note the details on your deal memo: if it is a weekly rate, be sure to specify it’s for 5 days only and how long those days are, and if daily, for however many hours per day was agreed to. Also, consider travel time, depending on the location of the shooting day. Making these notes on your deal memo will clarify that additional overtime will be payable beyond your negotiated flat rate.
Mentioning the above alone will not guarantee extra pay for these days; nearly all productions indicate that overtime must be approved in advance by the Production Manager.
If the onboarding document/deal memo has a spot for “additional deal points,” note these specifics there. Remember: negotiation around rate and conditions must happen with the Production Manager before signing your deal memo. Put these in writing, by email or text, for future reference.
We highly recommend you write your in/out & meal times on your timesheet. Even if you are on a flat rate, if you do work over the agreed-to hours, you have some leverage to ask for extra compensation.
- Keeping track of your in and out times also helps you determine if staying on a flat rate for the next show is worth it. Typically, the days you might go over a bit balance the days you go home sooner. But the only way to know is by keeping track!
- By writing "worked" on your timesheet or putting the same in and out times every day that add up to the hours your flat covers, neither you (nor the Union) can argue that you deserve extra money above and beyond your flat rate.

*These pointers apply ONLY when working under a fully negotiated collective agreement. They do not apply to Letters of Dispensation - see issue #2 of “Clearing The Fog.”

Sincerely,
Shelley Bibby
Business Agent, I.A.T.S.E. Local 849