Off-Broadway CBA 101
Assistant Designers Quick Tips
Under the Off-Broadway League Agreement, Producers are required to offer a defined amount of gross wages and negotiate an hourly rate in good faith with the Assistant. There is no minimum amount of gross wages that a Producer is required to offer, but an Assistant's negotiated hourly rate cannot be less than $25 per hour. Assistants on Off-Broadway League productions are also entitled to overtime (1.5x the negotiated hourly rate) for any pre-approved hours in a workweek exceeding 40 hours.
Important: If additional work is needed that would cause an Assistant to exceed the gross wages offered by the producer (including unforeseen overtime), the Assistant must receive pre-approval from the Producer before performing the additional work.
The Designer and the Assistant must create a Work Plan (subject to the Producer's review and approval) that accounts for the Assistant's hourly pay (including overtime) without exceeding the gross wages offered by the Producer.
Assistants on Off-Broadway League productions should submit weekly Time Sheets to the Producer, for payroll and to track the Assistant's work hours in real time. Assistants should be paid no later than the Friday after the week in which the work is performed.
Also beginning July 1, 2025: Assistants on Off-Broadway League productions are entitled to reimbursement of pre-approved expenses incurred in the creation of the design for the Production, including art and drafting materials, model building, sound studio expenses, a proportional share of computer software expenses, printing expenses, postage, shipping, and copying.
After the Reimbursable Expense Budget has been finalized with the Producer, the Designer and the Assistant should agree upon their respective reimbursement amounts. The Producer will reimburse the Assistant directly for any reimbursable expenses approved by the Designer.
Assistant Designer Coverage on Off-Broadway League Productions
The USA-Off-Broadway League collective bargaining agreement includes coverage for Assistant Designers. To familiarize Assistant Designers (including Design Membership Candidates) and Off-Broadway League Employers with coverage under the USA-Off Broadway League Agreement, the Union offers the below FAQs. Of course, you may email the Live Performance Department at LiveDesignJob@usa829.org with any additional questions.
Yes. The minimum hourly rate for Assistant Designers (including DMCs) is subject to good faith negotiation between the Assistant and the Employer, but cannot be less than the following minimum hourly wage:
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7/1/2025
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7/1/2026
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7/1/2027
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7/1/2028
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7/1/2029
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$25.00
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$25.00
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$26.50
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$28.09
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$30.06
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Additionally, Assistant Designers (including DMCs) are considered non-exempt employees and are entitled to overtime pay (1.5x the negotiated hourly rate), if pre-approved in writing by the Employer, for all time worked in excess of forty (40) hours in a workweek.
When an Assistant Designer (including a DMC) is engaged, the Off-Broadway League Employer will provide the Designer and the Assistant Designer with a defined amount of gross wages to cover the specified term of employment. Assistant Designers are paid directly by the Employer and compensated for a specific number of hours at no less than the negotiated hourly rate, including overtime (1.5x the hourly rate) for all pre-approved time worked in excess of forty (40) hours per work week.
The Designer and the Assistant Designer must submit a planned work schedule (the “Work Plan”) to the Employer for review and approval prior to the beginning of work to ensure compliance with total compensation and to avoid any miscommunication between the Employer, the Designer and the Assistant Designer regarding hours and compensation. The Employer, the Designer and the Assistant Designer must each sign the Work Plan and submit a copy to the Union.
Should additional Assistant Designer work hours be necessary, all requests for additional compensation must be pre-approved by the Employer before the Assistant performs any additional work. If the Assistant does not get pre-approval for the additional compensation, the Employer is not required to pay it.
Yes. Employers contribute Pension and Welfare payments on an Assistant Designer’s agreed upon compensation as per the Off-Broadway CBA (totaling 22% of gross compensation as of July 1, 2025). For DMCs, Employers contribute Welfare payments on the agreed upon compensation in an amount equal to the combined Pension and Welfare contribution rates.
Yes. Under the Off-Broadway CBA, all Assistant Designers (including DMCs) must be paid no later than the Friday following the week in which the work is contracted and performed.
Yes. Under the Off-Broadway CBA, all Assistant Designers (including DMCs) must submit weekly timesheets to the Employer. The timesheets must be verified by the Designer, approved by the Employer, and submitted in accordance with the Employer’s payroll schedule and requirements.
Assistant Designers (including DMCs) should do the following for each Off-Broadway production:
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Sign an Off-Broadway “Assistant Designer Cover Sheet”
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If you are a DMC, make sure the DMC box has been checked.
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The Coversheet and rider must provide:
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agreed-upon total compensation;
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negotiated hourly rate;
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Best practice: attached your copy of the Work Plan, including the total
number of expected working days and hours.
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File your contract with the Union
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Email a copy of each contract to LiveDesignJob@usa829.org
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For additional hours approved by the Employer
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Make sure the Employer files an additional rider or report with the Union detailing additional hours, working days, wages, and benefits.
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Email LiveDesignJob@usa829.org with the Employer’s agreement for the additional compensation.
FAQs specific to Off-Broadway DMCs
An DMC must make application to the Union or leave the DMC Program upon completion of either:
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144 cumulative working days under the DMC Program; or
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3 calendar years from the date of first employment under the Program, whichever occurs first.
Yes. An DMC may elect to complete their Union application for membership when:
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the DMC has worked under a Union contract on six (6) Off-Broadway productions for at least 12 working days per production, or
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the DMC has completed 120 cumulative working days under the DMC Program.
Of course, an DMC may elect to leave the Program and complete their application by taking the Union membership exam at any time after enrolling in the DMC Program.
The DMC should email the Live Performance Department at LiveDesignJob@usa829.org for assistance in determining whether (i) the DMC may elect to make application (see #2 above); or (ii) the DMC is required to make application or leave the Off-Broadway DMC Program (see #1 above).
The Broadway Agreement has its own DMC Program, which does not currently connect to the Off-Broadway DMC Program. Click here to view the Broadway DMC Sideletter. Candidates may work simultaneously under both Programs, subject to each Program’s separate and distinct rules and regulations. For more information on the Broadway DMC Program, email the Live Performance Department at LiveDesignJob@usa829.org.
When a LORT Theatre agrees to file the “LORT Assistant Designer’s Agreement,” an individual may be engaged under the “DMC Program for LORT Theatres” on LORT Categories “A” through “D” productions. For more information on the DMC Program for LORT Theatres, click here. For LORT A+ productions, DMCs may work under the terms of the Broadway DMC Sideletter with a modified weekly rate.
Currently, only the Broadway, Off-Broadway, and LORT CBAs contain Membership Candidate Programs. If an Off-Broadway DMC works under another CBA, the terms of that agreement will govern the DMC’s employment. In that case, the DMC would be required to make application to join the Union based on the Union Security clause of that CBA (or under the terms of the Broadway or LORT DMC Programs). If you are an Off-Broadway DMC and find yourself employed under a CBA other than Off-Broadway, email the Live Performance Department at LiveDesignJob@usa829.org to determine how this might affect your participation in the Off-Broadway DMC Program.
No. DMCs cannot be required to work more than six (6) consecutive days with no day off.
Yes. DMCs must receive billing credit as an Assistant Designer on the staff page in all Playbills/programs.
No. The DMC Program is only available to non-member designers.
When classes and space are available, DMCs will be required to take two (2) classes provided by the Union at no cost to the DMC. Basic Safety Training is a condition of Union membership and should be taken by DMCs at the completion the Program. To receive more information on Union classes, email the Live Performance Department at LiveDesignJob@usa829.org.