Taft-Hartley for Commercials: A Quick Guide
Rising talent emerges constantly in today’s digital landscape, thanks to the influence of social media. We’ve seen countless streamers, influencers, and performers gain recognition for their work, creating new opportunities for brands and producers to collaborate with fresh talent on commercial campaigns. However, engaging rising influential talent for commercial shoots can be a challenge– especially if they’re non-union.
To bridge this gap, SAG-AFTRA provides the Taft-Hartley Act, which allows rising non-union talent to work on SAG-AFTRA projects under specific conditions. This opens the door for brands and agencies to tap into top talent while remaining compliant with union rules.
In this blog, we’ll explore everything you need to know about Taft-Hartley—ensuring you can bring in the right talent while staying compliant with union guidelines.
What is a SAG-AFTRA Taft-Hartley Form?
The Taft-Hartley Agreement, named after the Taft-Hartley Act of 1947, is a legal form within SAG-AFTRA that allows brands and agencies, with union approval, to hire non-union talent for union productions.
This process ensures that non-union talent are temporarily brought under union protection throughout the project. These protections include negotiated talent contracts, guaranteed minimum salaries, health benefits, paid holidays, legal support, and safe working environments.
How the Taft-Hartley Process Works
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Select a non-union performer for a union role
Union talent should always be a priority when casting for your commercial campaign. To comply with SAG-AFTRA guidelines, you’ll need to provide proof that you made a genuine effort to hire union performers but were unable to do so. Additionally, you can make a case for why a specific non-union performer is uniquely qualified for the role, demonstrating attributes that no available union member possesses.
Submit a Taft-Hartley form to SAG-AFTRA
The Taft Hartley Form must be submitted to SAG-AFTRA within 15 days of the actor's first employment. Failure to comply within the 15-day window can result in penalties, affecting both production timelines and performer eligibility.
Expert Tips:
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Once the Taft-Hartley form has been approved, talent has 30 days to work on the union projects before being required to join SAG-AFTRA.
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This form allows non-union talent to become eligible as a member within SAG-AFTRA.
3. Provide required documentation
Ensure you submit the complete Taft Hartley form with necessary documents needed to support your case. These documents include:
The performer’s contract with the brand or agency.
Performance reports outlining why the non-union actor was chosen over available union talent.
A properly completed Taft-Hartley form.
Important documents such as photos, resumes, audition tapes and proof of efforts to book union talent who were unavailable.
By following the Taft-Hartley process carefully, brands and agencies can confidently hire the non-union talent while keeping their union commercial projects compliant and on track.
Why Taft-Hartley Matters to Brands and Agencies Creating Commercial Content
For brands and agencies, mastering the Taft-Hartley process can be a game-changer—allowing you to enhance your commercial campaigns while maintaining a strong partnership with SAG-AFTRA. Below, we outline the key reasons why understanding the Taft-Hartley process is essential for brands and agencies.
1. Casting flexibility
Taft-Hartley allows commercial productions to hire non-union talent, which opens the door to fresh faces and new voices without limiting the casting pool to only SAG-AFTRA members. This is particularly important for projects requiring unique talent or individuals who may not yet be in the union.
2. Avoiding penalties
Ensuring you complete the Taft Hartley Act correctly and in a timely manner can avoid added penalty fees and ensure talent remains eligible for union benefits. Failure to complete the Taft Hartley Act on time could impact future opportunities with SAG-AFTRA down the line for talent.
3. Cost implications
Proper use of the Taft-Hartley process can help brands optimize their production budgets by avoiding recasting costs.
Common Taft-Hartley Pitfalls and How to Avoid Them
It is essential for brands and agencies to properly execute a Taft Hartley form to stay compliant with union regulations. Failure to do so can lead to unexpected costs, such as penalty fees, and even delays in talent payment. Below we’ll highlight common challenges productions run into and how to avoid them.
Delayed or incorrect paperwork
The most common mistake productions make when filing a Taft Hartley Form is submitting an incomplete form. Ensuring you provide a complete form with all contracts, signatures and supporting documents will avoid added penalty fees and delays to production.
Misunderstanding eligibility requirements
Not all non-union performers will meet the criteria for a Taft-Hartley approval. Before moving forward, brands and agencies are required to first consider available union talent who are qualified for the role. If SAG-AFTRA determines that a non-union performer was not hired for a valid reason—such as unique skills, attributes, or availability—the Taft-Hartley petition may be denied. In such cases, you’ll be required to cast a union performer instead.
Failing to plan for flipped union job
In some cases, brands and agencies may find themselves needing to file a Taft-Hartley form after deciding to convert a non-union shoot into a union production. In other words, your job needs to be flipped. Planning ahead for potential union-related expenses can help prevent unexpected delays and keep your project on schedule.
Conclusion: Get Expert Taft-Hartley Support
In conclusion, navigating the Taft-Hartley form is essential for brands and agencies to tap into fresh creative talent while remaining compliant to union rules for a smooth production.
Need expert help with the Taft-Hartley form?
At CMS Productions, we specialize in navigating productions through SAG-AFTRA rules and regulations, ensuring talent is casted seamlessly for commercial productions. We’re happy to assist with helping you maximize your union talent value while controlling costs. Contact us today to request our rate sheet.