As a full time employee, why wasI told thatI was exempt from receiving over-time?
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As a full time employee, why wasI told thatI was exempt from receiving over-time?
They offered us comp-time instead. I worked as a digital artist. I know it is not legal to do this (so I read), but why are professional digital artist considered exempt? Or is this even correct? I no longer work for that company but want to know for sure.
Asked on October 1, 2010 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Many full time staff do not receive overtime. The issue is whether they fit one of the requirements for an exemption; if a staff member does, the company does not have to offer time. The most likely exemption for a "professional digital artist" is the creative professional exemption. The requirements to be exempt from overtime per this exemption are:
- You are paid on a salary (e.g. not hourly or project-based) basis and receive at least $455/week
- Your primary duty (the most important part of your job) must be work involving "invention, imagination, orginality, or talent in a recognized field of artistic or creative endeveor."
(Go to the Dept. of Labor website for more detail and examples; look under "wages" and "overtime.")
If you meet this test, your company does not need to give you anything extra for working more than 40 hours in a week. If they choose to give you comp time, that's your company being generous.
If you *don't* meet the exemption, you are correct--they cannot give you comp time, but must instead pay overtime.
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