# Non-union production

Source: https://storiara.com/glossary/non-union-production
Last updated: 2026-09-14
Author: Nick Harty, Storiara

> A non-union production is a film, series, commercial, or other project whose production company hasn't signed collective bargaining agreements with the entertainment unions. It isn't bound by union rates or work rules, but it must still follow federal and state wage, hour, child labor, and workers' compensation laws. Its pool of hireable union members is limited.

## What still applies

Skipping the union agreements doesn't mean skipping the law. A non-union shoot still has to:

- Pay at least minimum wage and any overtime required by the state
- Follow meal and rest period laws (California's wage order for the motion picture industry requires a meal period within six hours)
- Carry [workers' compensation](https://storiara.com/glossary/workers-compensation) insurance
- Get child performer permits and follow hours limits for minors (in California, the employer also needs its own permit to employ minors, which requires valid workers' comp)
- Handle payroll taxes correctly, which usually means using a payroll company rather than paying crew as independent contractors

The mistake that catches small productions most is treating every crew member as a 1099 contractor. Most crew are employees under state tests, and the penalties show up long after the film is done.

## What changes on the paperwork

Without union agreements, the terms that the contract would have set have to be written into each person's [deal memo](https://storiara.com/templates/crew-deal-memo): day rate, the number of hours it covers ("$450 for 10 hours, time and a half after"), kit rental, meal penalty policy if any, turnaround, and credit. Cast get performer agreements and releases. There's no Exhibit G requirement, but the 2nd AD should still keep in and out times on the production report, because wage law claims depend on them.

## A common hybrid

Plenty of indies go signatory with SAG-AFTRA under a [low-budget agreement](https://storiara.com/blog/sag-aftra-low-budget-agreements) and stay non-union for crew. That lets them cast union actors while keeping crew costs flexible. In markets with heavy union production, experienced crew may still be union members who can't take non-union work, so the hiring pool is smaller.

## Deciding which way to go

Price the crew both ways using the [film crew day rates](https://storiara.com/blog/film-crew-day-rates) as a starting point, then add fringes to the union version. The gap is often narrower than producers expect once overtime, kit rentals, and payroll taxes are counted on the non-union side. The practical differences, like who you can hire and how disputes get resolved, matter as much as the number.

## Frequently asked questions

### Can union actors work on a non-union film?

SAG-AFTRA members are barred by Global Rule One from working for producers who haven't signed a union agreement where one applies. Performers who have gone financial core are an exception the union strongly discourages.

### Do non-union productions still have to pay overtime?

Yes, if state or federal wage law requires it. California, for example, has daily overtime rules and a specific meal period rule for the motion picture industry. Check the labor department for every state you shoot in.

### Is non-union always cheaper?

Base rates and fringes are usually lower, but non-union crews in major markets often ask for rates close to union scale, and you lose union rosters and some talent pools. Price both ways before deciding.

## Sources

- [SAG-AFTRA: Global Rule One](https://www.sagaftra.org/contracts-industry-resources/global-rule-one)
- [California DIR Labor Commissioner FAQ: Meal periods](https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm)
- [California DIR: Entertainment Permit to Employ Minors](https://www.dir.ca.gov/dlse/Entertainment-Permit-to-Employ-Minors.htm)