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ARTICLE · 12 JULY 2019

VFX Animators Awarded Overtime Pay: Decision Sets High BC Bar For "High-Tech Professional"

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In a recent decision[1], a delegate of the Director of Employment Standards (the "Delegate") determined that Cinesite Vancouver Inc.,

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In a recent decision1, a delegate of the Director of Employment Standards (the "Delegate") determined that Cinesite Vancouver Inc., formerly known as Nitrogen Studios Canada Inc. (the "Employer"), contravened the Employment Standards Act (the "Act") by failing to pay its employees overtime.  The Employer operates an animation and visual effects studio whose employees were working on the feature film "Sausage Party" when the complaint regarding overtime pay was filed with the Employment Standards Branch.  In this instance, the Employer was contracted by the production company to produce computer generated imagery (CGI) animation for use in the film.  Animation, visual effects, and video game companies have long relied upon the "high technology professional" overtime exemption in British Columbia when employing workers to produce CGI, and this enunciates the risk in doing so.

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