Taft-Hartley & Non-Union Actors
Here's the question that stumps producers: "I'm a signatory now — can I still cast that brilliant non-union actor I found?" Yes, you can. The mechanism is called Taft-Hartley, and it's one of the most useful things an indie filmmaker can understand.
Becoming a signatory doesn't lock you into casting only existing union members. Thanks to a provision known as Taft-Hartley, a signatory production can legally hire a non-union performer — and doing so is common on indie films. It's how fresh talent gets its first union job, and how you keep the exact actor you fell in love with even if they're not yet in SAG-AFTRA. Understanding Taft-Hartley gives you the best of both worlds.
The problem it solves
Normally, a union signatory hires union performers. But you'll often want a non-union actor: a wonderful newcomer, a perfect local face, a performer who simply hasn't joined yet. Taft-Hartley is the bridge. It lets your signatory production employ a non-union performer under the union agreement — you pay them at least scale and under union terms, and you file a form telling SAG-AFTRA you've done so. That non-member is then covered by the agreement for that job.
How it works, step by step
From your side it's straightforward: treat the non-union actor exactly like a union one on pay and terms, and file the report. The key mental shift is that you don't pay a non-union actor "less" to save money on a union project — under Taft-Hartley they get union terms too. What you gain isn't a discount; it's the freedom to cast the right person regardless of membership.
What it means for the actor
For the performer, being Taft-Hartleyed is a big deal — it typically starts their journey toward SAG-AFTRA eligibility and, eventually, membership. The general path in the industry is: a non-member gets their first union job (often via Taft-Hartley), which makes them "must-join" eligible, and after further qualifying union work they're required to join to keep working union. So when you Taft-Hartley an actor, you're often giving them a career milestone. (The exact eligibility rules are the union's and change — point actors to SAG-AFTRA for their own status.)
Practical cautions
- File properly and on time. The Taft-Hartley report has to be submitted correctly — your payroll company usually handles this, so tell them about every non-union hire.
- Have a reason ready. The report often asks why you cast a non-member; a genuine casting reason (right look, special skill, local, newcomer discovery) is normal.
- Budget them like union talent. Scale plus P&H and fringes still apply — don't assume "non-union" means cheaper on a signatory show.
- Background has its own rules. Taft-Hartley interacts differently with background/extras and union-background requirements; check the specifics for your agreement.
- When unsure, ask. SAG-AFTRA and your payroll company would much rather answer a question up front than fix a misfiled hire later.
The best supporting performance in one of my films came from a non-union actor I found at a local theater — no card, no reel, just exactly right for the part. I'd assumed being a signatory meant I couldn't use him. My payroll contact set me straight: cast him, pay him under the agreement, and file a Taft-Hartley. We did, and it became his first union job — he was thrilled, and the film was better for it. That's the real gift of Taft-Hartley: it means "signatory" never has to mean "only people already in the club." Pay everyone properly, file the paperwork, and cast the person the role deserves.
You can now cast anyone — member or not — and pay them right. From here, it's about running a compliant production. Module 3 starts with the paperwork and on-set filings that keep you in good standing. That's next.
SAG-AFTRA runs on paperwork — agreements, cast contracts, Taft-Hartley reports, time sheets. The Contract Assistant helps you generate and track the right documents so nothing gets missed and you stay compliant.