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ATPAM: News: HL0106G

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Off-Broadway League Reminds Producers To Pay Press Agents Salaries Not Fees

The following memorandum was sent out on June 20, 2001 from the League of Off-Broadway Theatres and Producers. The purpose of this communication was to remind Producers and General Managers of Off-Broadway shows that the ATPAM Off-Broadway MBA with the League requires that individual Press Agents be paid salaries, not fees. The agreement specifically provides that Press Agents and Managers are to be hired as employees of the producer. As employees they are entitled to receive all employee benefits that derive from that status, including Unemployment Insurance, Workers’ Compensation, Disability Insurance, etc.

ATPAM members working Off-Broadway who are found to be accepting fees in lieu of salary when employed under ATPAM contracts requiring salaries will be brought up on charges and fined by the Union. The Employee Retirement Income Security Act of 1974 (ERISA) specifically requires that Pension and Health benefits contributions be remitted to the Union’s Funds by an employer on behalf of an employee. Violations of this provision could have serious ramifications for the tax-exempt status of the Funds and could potentially lead to the Pension and Health benefits being ruled taxable income to both the worker and the producer.