Nitrogen will pay the Sausage Party animators for overtime

The long-term battle to be paid overtime, involving animators who worked on the adult animated comedy Sausage party, was won. Nitrogen Studios, which is now owned by Cinesite, was ordered by the B.C. Employment Standards Branch to pay employees what they demanded in the 2016 complaint filed on behalf of the animators union, plus a $ 500 fine.

Responding to the complaint, Nitrogen Studios argued that it could not pay for overtime in accordance with the "Law on Employment Standards", because its employees were high-tech specialists who develop information systems. In accordance with this law, employees who “primarily use specialized knowledge and skills to develop information systems, technological processes and products or to engage in research” are exempted from overtime pay.

According to Jennifer Moreau, secretary-treasurer of Unifor Local 2000 (who filed a complaint); the high-tech classification is usually used as a loophole and is rarely questioned.

However, the investigator in this case found that Cinesite incorrectly applied the exception, since the main work of the animators — the creators of visual effects — is related to the software that has already been created and is available for commercial use.

“That’s the big deal about this story: it’s not so much that they’re getting overtime, it’s because [it means employers] can’t use that loophole anymore,” Moreau stated. “… That means every other studio that thinks they can get around the rules on paying overtime, they’re going to have to think twice about it before they claim their employees are high tech.”

Cinesite has published a statement for CBC News Canada, in which it declares its full cooperation. The non-payment lawsuit was filed before the change of ownership (in 2017) and on behalf of some artists working in the studio under the previous management of Nitrogen.

Under the new leadership, Cinesite Vancouver is fully cooperating with B.C. The Department of Employment Standards provides any data on request if possible.

“Employee welfare is at the centre of our business in Vancouver, and we wish all past employees of Nitrogen well”.

Animators, visual effects artists, and video game developers are currently not represented by a union in Vancouver, a city that in recent years has become an internationally recognized industry center.

In modern conditions of the labor market in the industry it is very important that it is where to expect support. That is why labor unions in game development and in the CG sphere are gaining popularity.