Producer's Guide: Meal Penalties

Mealtimes on set are sacred. But when you start to fall behind, that sacred window gets squeezed, which is when meal penalties come into play.

In a perfect world, your crew gets a full hour to step away, eat, and reset. But in reality, production delays happen. And when they do, labor laws and union agreements require you to pay meal penalties.

In this guide, we’re breaking down how meal penalties work, how to avoid them, and what to do when they occur. 

What is a meal penalty?

Aside from being a production accountant’s worst nightmare, a meal penalty is a fee you’re required to pay when the production eats into a crew member’s state, federal, and/or union-guaranteed workday meal period. 

It’s one of the most common infractions in production and can get expensive very quickly. However, it exists to discourage employers from forcing employees to work unreasonable hours without a break.

To that end, California labor law specifically states that “… an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours.” 

In other words, if an employee is scheduled to work for a single period lasting longer than six hours, they’re guaranteed at least one meal break of at least thirty minutes during that period. That goes for any employee working in any industry anywhere within the borders of the state of California.

The film industry follows the same basic guidelines, but—as it seemingly always manages to do—has reshaped the details to better meet the necessities of moviemaking. Let’s take a moment to see how it works by reviewing some scheduling basics.

If you’ve ever been on set, you’re already aware that each workday is scheduled to last approximately 12 hours “plus lunch.” That means that the workday begins for each talent or crew member at their designated call time, from which point forward they will be on the clock for six hours or until lunch is otherwise called.

During lunch, which must last at least half an hour, the talent or crew member is officially off-duty and is not legally allowed to work. Once lunch is over, everyone will be back on the clock until wrap, which under normal circumstances, cannot occur more than six hours after everyone has returned from lunch. 

The key to understanding meal penalties in the film industry lies in these six-hour labor periods.

While general labor guidelines suggest that an employee must break for a meal after only five hours, that’s not the case when it comes to working in film production. As illustrated above, the standard system of moviemaking in the United States instead schedules its meal periods in conjunction with six-hour labor periods. Meaning, in simple terms, that you have to feed your people every six hours… or pay the price.

How much does it cost?

In general, if you work your crew longer than six hours at a time, you are legally obligated to pay them in the form of a meal penalty. 

For most industries, the employee is owed an additional hour of pay for each day on which a meal penalty is incurred. However, in film production, the cost of a meal penalty is generally determined by the worker’s individual union.

Most penalties increase every 30 minutes until a meal is provided. For example, SAG-AFTRA currently charges:

• $25 for the first half-hour
• $35 for the second half-hour
• $50 for each half-hour following  

Similarly, IATSE maintains its own meal penalty rates. 

These penalties apply per person, so they will add up fast. Fortunately, meal penalties are preventable. 

How to avoid incurring meal penalties 

As long as you never work your crew for longer than six hours in one stretch, you won’t owe anyone a meal penalty. However, on-set circumstances tend to be more complicated. So here are some tips to help you stay on track. 

Prevent meal penalties as a team sport

Avoiding meal penalties isn’t just the producer’s job. It requires coordination across the entire crew. There must be consistent communication about the shooting schedule between the director, 1st AD, department heads, and production team. If everyone is clearly communicating their expectations, a meal penalty scenario can be avoided. 

Make record-keeping a vital part of the process

The budgetary impact of a meal penalty is ultimately felt during production payroll. Therefore, it’s important to make sure that documents like crew timecards and SAG Exhibit G’s are aligned with the production reports before any payroll is officially processed. 

A little diligence during production can save you significant costs in the long run.  

Understand the tools at your disposal

In the world of production, no two gigs are exactly alike, and circumstances are constantly shifting during the day. Given the unique nature of filmmaking, the industry developed tools such as grace periods, second meals, and walking meals to stay compliant when timing gets tight. 

Let’s take a look at them in more detail.

Call grace

“Grace” refers to when the crew agrees to let production continue for exactly 12 additional minutes to finish a take or complete a setup before calling lunch. 

Grace is an important tool in a director and 1st AD’s kit. For a director, getting that one extra take can mean the difference between a scene that works and a scene that will eventually require a day of reshoots. For a 1st AD, finishing a set-up before breaking for lunch can mean the difference between making a day and pushing an hour into overtime. 

But there are two important rules to always keep in mind: 

• It’s limited to 12 minutes. Go even one minute over and you owe penalties.
• It must be approved. You can’t assume the crew will agree to grace. You need to request it, and that usually runs through the 1st and 2nd ADs via department heads.

That being said, calling for grace should be a backup plan, not standard practice. If it becomes routine, you will lose the crew’s goodwill and not have any flexibility when you actually need it. 

Pro tip: Wrapbook’s digital timecards make it easy to log grace with a single checkbox. 

Schedule a second meal

Second meals are exactly what they sound like. 

Once you’ve returned from lunch, the crew is allowed to work for another six-hour period. After that, technically, the crew is owed another 30-minute meal period, or the production will have to pay meal penalties.

Arranging for a second meal won’t save you from the financial consequences of a poorly timed mid-day meal, but it can make all the difference when dealing with a slightly delayed wrap.

You can also call grace for a second meal. In fact, up to 30 minutes of grace is allowed during this period, but you must still ask for the crew’s permission before doing so. 

If you plan to do this, keep in mind that passing the 30-minute mark without calling for a meal or wrap will result in two meal penalties for each crew member. 

Alternatively, you have the option of making your second meal a walking meal. 

A walking meal is a compromise where your crew will eat while continuing to work. You won’t incur any meal penalties because you’re feeding everyone, but everyone still gets paid more by remaining on the clock through the meal period.

The main advantage of a walking meal is that it can keep the wrap process moving while also avoiding costly overtime expenses. 

Keep French hours

French hours skip formal lunch entirely. 

Also known as the “continuous day,” this refers to when the entire crew agrees to forego a lunch period altogether. The idea is to compress the shooting day into eight or 10 hours instead of 12, with crew eating on the fly. 

It aims to eliminate the mid-day slumps that tend to occur naturally on both sides of lunch. French hours also carry the fringe benefit of letting the crew get home within normal working hours. 

In theory, this strategy sounds great, but the trouble is putting it into practice. To do it legally, producers need the explicit buy-in from the crew. As there are no uniform regulations for French hours in the US, you might be required to negotiate terms, which is no easy feat.

Nevertheless, films like Phone Booth, A Beautiful Day in the Neighborhood, and more used French hours, proving that these obstacles can be overcome. In fact, if you are facing the right set of restrictions, like limited shooting time or location access, French hours might be the best option.

What about breakfast?

On set, breakfast is, tragically, not the most important meal of the day. Instead, it is considered an “NDB.”

“NDB” stands for “Non-Deductible Break,” and it refers to a 15-minute, work-free meal period during which a talent or crew member is still being paid. An NDB will generally be scheduled in order to realign a cast or crew member’s meal penalty period so that it coincides with that of the rest of the production on a given day. 

For example, it’s not uncommon for a makeup artist to receive a call 30 minutes before general call time to prepare their stations. However, this would result in their meal window starting earlier than everyone else’s. In this scenario, an NDB would be scheduled to reset the clock, enabling them to break for lunch at the same time as the rest of the crew without incurring meal penalties.

Breakfast may also count as a simple courtesy meal, usually served either before general call time or as a walking meal. While the absence of a courtesy meal may affect crew morale, it has absolutely no effect on their timecards.

What if you incur a meal penalty?

Despite the best planning, delays happen. Maybe you lost time on a complicated setup. Maybe a location change took longer than expected. Regardless, if a meal break doesn’t happen on time, you owe a penalty.

When meal penalties are triggered, you'll want to turn to your production payroll company, as they'll calculate the fees based on the cast and crew's timecards. This means that your documentation must be accurate and consistent across all departments. 

Ensure that: 

• Timecards reflect exact call, meal, and wrap times
• SAG Exhibit Gs, production reports, and daily time sheets are all consistent
• Any grace periods or NDBs are clearly logged

Wrapbook’s digital timecards simplify this process from the jump. Crew can clock in and out from their phones, and meal times are automatically tracked. The platform can automatically calculate meal penalties based on the worker’s union affiliations and relevant state labour laws. 

Furthermore, producers can get a real-time view of wages and penalties owed, allowing for a smoother and faster payroll process. 

Wrapping up

Meal penalties may seem like a minor inconvenience, but over the course of a shoot, they can add up fast. Staying on schedule and tracking everything as you go can save serious time and money.

With the right planning and due diligence, you can avoid penalties, keep your crew happy, and make payroll a lot less stressful. 

Want to simplify your payroll and accounting processes? Book a demo to learn how Wrapbook’s all-in-one platform can act as a force multiplier for your production team.