provisions in some TV writers’ personal service agreements have been misapplied and that “in several cases, companies are shortchanging writers and we have made demands for compensation.” Force majeure provisions are commonly included in all types of contracts, allowing employers to avoid contractual obligations because of an unforeseen event that makes performance under the contract impossible.
“We’ve also heard reports that companies are telling some writers that a room is going dark, but asking other writers on a series to continue working on episodic scripts. This attempt at cost-saving is not allowed under the MBA . We’ve sent demand letters to companies for weeklies, related contributions, and interest when companies try to say the room is dark for only some of the writers on a show, but not all.
“Moreover, unlike most performing or directing services, writing is not impossible during the shutdown and can be performed remotely. In fact, many writers have continued to work remotely after the COVID-19 outbreak and implementation of the statewide order. For certain series moving into production, the shelter-in-place order may temporarily impede performance.