AEA: LORT Volunteering versus volunteering

[MatthewShiner]

So, I am faced yet again with the concept of volunteering for a press/publicity event versus not being paid for such an event.

I firmly believe that when a producer asks for volunteers for a marketing event, they are asking for people willing to participate, but the event itself would still be under the billing rules set forth by the AEA contract (in this case LORT). 

How does one deal with producers and gentle point out that if the actors are volunteering it does not release the producers from their requirement for payment.

(In this case, it's an event where the actors are appearing in costume . . . outside of the theater . . . )

[BARussell]

That's a hard one...and I've got nothing. I think it's one of those things producers refuse to understand. But if no one "volunteers" maybe they will get the message.

[VSM]

Are there not specific rules regulating publicity appearances, what is worn and what is done in the LORT book?
I would hope some of there carry a payment of some kind...?

[MatthewShiner]

VSM - it's the fundamental battle . . .

If something is voluntary . . . that is an actor chooses to do it or not . . . do they have to be paid - and  - an extension of that . . . if they volunteer to do something and it puts them in overtime/meal penalty, does it require the producers to pay overtime.

Time and time again, I have AEA side on the case that Volunteering to participate does  not mean the producers don't have to pay any payment due to them in the contract - an actor can waive anything in the rule book - but time and time again I have producers saying, "well, they volunteered . . .".

In some cases, AEA has stepped in, in some cases AEA has backed down . . . even though they did point out I was correct.

It's frustrating.

(Even more so, when the producers do this all behind the SM's back . . . )