SAG-AFTRA

05/15/2023 | Press release | Distributed by Public on 05/16/2023 12:24

The Claims Process and How to Submit a Claim Inquiry

https://www.sagaftra.org/claims-process-and-how-submit-claim-inquiry

May 15, 2023

Having to submit a claim inquiry may be an unfortunate reality for a performer. It is important for SAG-AFTRA members to know what a claim inquiry is, how to submit an inquiry and what to expect from the process.

A claim inquiry is an allegation that the signatory employer on a SAG-AFTRA, AFTRA or SAG production has violated the collective bargaining agreement.

Some of the most common reasons to submit a claim inquiry are for nonpayment of initial compensation, late payments, rest period violations, meal penalties and fitting/wardrobe payments. If you are working on a project where you suspect that this may be an issue, it is important to know how to proceed.

The Claims Process:

  1. Submit a claim inquiry to the appropriate department based on the production you were a part of.
  2. Once the claim inquiry has been received, it will be investigated by members of the Contracts Team to check for validity based on the provided facts and relevant contract provisions.
  3. If the claim inquiry is determined to be valid, SAG-AFTRA will file a formal claim with the signatory. If the claim is not determined to be valid, the inquiry is officially closed.

Filing a claim inquiry can feel tricky at times, as each department looks for specific information, depending upon the nature of the claim. Here are some universal tips:

  • Claims inquiries should only be submitted by the performer or the performer's agent.
  • Keep in mind that there are time limitations for the filing of claims. Most claims for principal performers must be filed by the union within six months of the potential violation of the contract - which means the union needs to hear from you with sufficient time to get the claim filed. For background actors' claims, that time limit may be as little as 30 days from the occurrence of the contract violation.
  • Keep good records of dates/times worked.
  • Take photos of Exhibit Gs (sign in and out form) and performer contracts.
  • Save payroll check stubs.
  • Gather all supporting information. Examples of this include copies of your payroll checks, Exhibit Gs, your contract, deal memos and emails. Missing paperwork only delays the claims process.
  • Clearly communicate your grievance.
  • Send a separate claim inquiry form for each production.
  • Note that some claim inquiries are able to be submitted through online portals, while others can be sent via mail or electronic mail by downloading the correct claim inquiry form.

Here is the submission information for claim inquiries broken down by departments:

Commercials:

For more information, you can reach out to the Commercials Department at [email protected] or (323) 549-6858.

Music:

  • If you worked as a singer or dancer in a theatrical, television or new media production and wish to submit an inquiry, download the Claim Inquiry Form Music 2018 and email this claim form to the Music Department at [email protected].
  • If you wish to submit a claim inquiry for sound recordings sessions, new uses/conversions and/or music videos, please reach out to the Music Department at [email protected].

For more information, you can reach out to the Music Department at [email protected] or (323) 549-6864.

Residuals:

  • Residuals include payments made for broadcast, free TV, basic cable, pay TV, home video/DVD, new media and theatrical productions.
  • Commercials residuals are not processed by SAG-AFTRA. However, if you have a question about commercials residuals, please contact the Commercials Department at [email protected].
  • Residuals claim inquiries can be submitted via the File a Residuals Claim portal.

For more information, you can reach out to the Residuals Department at [email protected] or (323) 549-6507.

Television, Theatrical or New Media:

  • If you worked as a principal performer in a theatrical, television or new media production, please download the L.A. Principal Performer Claim Inquiry Form and email it to [email protected].
    • If you are unable to email your form, please call the Television, Theatrical, or New Media departments for other ways to submit.
  • For TV, theatrical or new media claim inquiries, it is recommended to gather any paystub, deal memos, contracts, email offers, call sheets or pictures of Exhibit Gs, if they are available. These will contain a majority of the answers to the questions that will be asked, such as the name of the signatory or payroll company.

For more information, you can reach out to the Entertainment Contracts Department at [email protected] or (323) 549-6828.

Background:

  • If you worked as a background actor under a Theatrical or Television Contract, download the Background Actors Claim Inquiry Form 2 for TV/Theatrical Productions form. Please do not use this form for upgrade claim inquiries.
  • If you worked as a background actor or under a Theatrical or Television Contract and wish to submit a claim inquiry for upgrade to principal performer, download the Background Actors Claim Inquiry Form for TV/Theatrical Productions - Upgrade Only.
  • If you worked as a background actor and have a claim for loss or damage to wardrobe or property, download the Claim Form for Loss or Damage to Wardrobe or Property - Background Actors.
    • Please note, claim form(s) must be completed before the background actor leaves the set on the day on which loss/damage occurred. Separate claim form(s) must be completed for each item lost or damaged.
  • For claim inquiries submitted by a background actor, it is recommended to gather your voucher, paystub, postmarked envelope or background casting booking communication.
  • It is also recommended to submit your claim inquiries no later than 25 days from when you became aware of the issue.

For more information on how to submit a background claim inquiry, please reach out to your SAG-AFTRA local office.

Stunt Performers:

  • If you worked as a stunt performer or stunt coordinator, or need to submit a claim inquiry in regards to stunts or stunt-related work, you can fill out a claim through the L.A. Principal Performer Claim Inquiry Form and email it to [email protected].
  • Any documentation in relation to a submitted claim inquiry, such as pay stubs, contracts and timesheet, should be gathered and submitted with the claim inquiry form.

For more information, you can reach out to the Stunts & Safety Department at [email protected] or call (323) 549-6855.

Conclusion

While no two claims are alike and no general timeline can be given to any particular type of claim, once you have submitted your claim inquiry, you will receive an email confirmation of your submission and you can check your claim inquiry status.

Within seven days, but no later than 30 days from the claim inquiry submission date, a business representative will be assigned to the claim and conduct an initial review of the claim inquiry to check claim validity.

It can take up to 30 business days for a claim inquiry status to show up in the Claim Inquiry Tracker. It is highly recommended you check your SAG-AFTRA app for any updates on your claim or call the business representative assigned to your claim. You can review your claim inquiry status here.

Whether the claim is valid or invalid, you will be directly contacted by the business representative.

We understand that filing a claim inquiry can seem overwhelming and complex. We hope the information provided has made it a little easier to understand. To find a list of who you can contact regarding your specific claim inquiry, you can go to Contact Us on SAG-AFTRA's website.

News