WGAW Rep Report: “Freelance” Script Writing After Room Closure Dashboard Dashboard

Enforcement Spotlight: “Freelance” Script Writing After Room Closure 

The WGA has received reports that companies have misclassified television/episodic series writers as “freelancers” to avoid paying weekly fees. This misclassification typically happens after the company prematurely closes the writers’ room, even though the writing for the season has not been completed.

Under Articles 13 and 14 of the MBA, staff writers and writer-producers must be paid no less than the applicable minimum weekly compensation for each week that they perform writing services, regardless of whether the writers’ room has officially closed. A writer hired on a term basis to perform writing services cannot subsequently be re-classified as “freelance” as a way for the company to avoid paying weekly fees and contributions.

Please alert the WGAW’s Legal Department if your client has been treated as a “freelancer” after the closure of the writers' room. Representatives should inform the company that writers’ services agreements and the MBA require applicable minimum weekly compensation to be paid to writers who continue writing after the room closes. 

The WGAW has initiated several claims against companies for their failure to pay weekly fees and benefit contributions to writers who continue writing after the room closes, and will continue to do so in each instance. 

In July 2024, the WGAW won a settlement in excess of $3 million from CBS on behalf of 24 writers on MacGyver, Hawaii 5-0, and SEAL Team. These writers wrote after writers’ rooms were purportedly “closed,” but were not paid weekly compensation or P&H contributions for their services.  You can learn more about the settlement, in which the Guild collected all outstanding weekly compensation and contributions owed to the writers, along with interest penalties, here.   

Please contact the WGAW’s Legal Department to discuss enforcement options under the MBA.

WGAW Agency Department