Showrunners and producers are starting to feel the heat from the WGA strike, as the studios and networks are trying to enforce their contracts and non-writing obligations.
Disney-owned ABC Signature’s legal department sent a letter to striking writer-producers, stating that they must perform non-writing duties as per their contractual obligations, despite the ongoing writers’ strike.
“We want specifically to reiterate to you as a showrunner or other writer-producer that you are not excused from performing your duties as a showrunner and/or producer on your series as a result of the WGA strike. Your personal services agreement with [the] Studio requires that you perform your showrunner and/or producing duties even if the WGA attempts to fine you for performing such services during the strike,” wrote Bob McPhail, the assistant chief counsel for the Disney-owned ABC Signature, in a letter sent to showrunners and first obtained by The Hollywood Reporter.
McPhail added: “Your duties as a showrunner and/or producer are not excused, suspended or terminated until and unless you are so notified in writing by the Studio.”
HBO/HBO Max sent out an FAQ document to their showrunners and executive producers on May 2.
“If you are a WGA member, HBO/HBO Max respects your membership in the WGA, and we will not do anything to place you in jeopardy of WGA rules,” the letter obtained by Deadline from the Warner Bros Discovery-owned division this week to showrunners and executive producers said. “However, we believe certain services, such as participating in the cast process and/or contributing to non-writing production, and post-production work are clear examples of non-WGA required services that should continue to be rendered during this time.”
The letter continued: “Under the National Labor Relations Act, the WGA is not permitted to interfere with an employer’s right to designate employees to perform certain supervisory functions. If you fail to provide contracted services due to the strike, HBO/HBO Max will not be obliged to continue your salary. Further, if production is interrupted by the strike, even if you offer to continue to work, HBO/HBO Max will not be obliged to continue your salary, nor the salary of the cast and crew.”
Meanwhile, over at NBC Universal, “standard suspension letters are going out,” according to an insider. “Hearing all the studios are communicating in some way today, but it’s a case by case basis.”
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