FLSA Exemption Determination Checklist - Creative Professional Exemption. Current Revision Date: 11/2017. DOWNLOAD THIS FORM: Choose a link below to begin downloading. GSA5022-17.pdf [PDF - 118 KB ].PDF versions of forms use Adobe Reader ™. Download Adobe Reader™ LATEST UPDATES. GSA 3582 - Request for Visit Approval - Cancelled - 2/12/2020. GSA 5046 - Civilian. Fair Labor Standards Act Creative and Learned Professional Exemption. Primary Duty. The principal, main, major or most important duty that the employee performs. The employee must perform work directly related to assisting with the running or servicing of the business AND typically represents at least 50% of the job function. FLSA "Learned or Creative Professional Exemption From Overtime 1. Fair Labor Standards Act FLSA Overtime Regulations CHECKLIST - SALARY AND DUTIES TESTS FOR LEARNED OR CREATIVE PROFESSIONAL EXEMPTION FROM OVERTIME Effective August 23, 2004 If questions A, B, & C; or A & D, are answered “yes,” the employee meets the professional exemption test. A.
Creative - To qualify for exemption as a creative professional, the employee must perform work that requires invention, imagination, originality or talent. The work is in a recognized field of artistic or creative endeavor such as music, writing, acting, the graphic arts and other similar fields. Specifically, CDN argues that its reporters were subject to the “creative professional exemption” and were therefore exempt employees not subject to FLSA and state-law overtime pay and break requirements. We review the district court’s grant of summary judgment de novo. Bamonte v. City of Mesa, 598 F.3d 1217, 1220 9th Cir.2010. Just how “creative” must the work be? Think of the fellow who came up with the formula for Cool Whip for Kraft Foods. If he was paid the FLSA weekly minimum on a salary basis, he was probably an exempt creative professional. Let’s look at a few other real-life examples. Journalists may or may not be exempt creative professionals. FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. However, Section 13a1 of the FLSA provides an exemption from both. minimum wage. and. overtime pay for.
By Pamela L. Vartabedian and Justin T. Curley. Unlike its two conformist siblings—the licensed professional and learned professional exemptions—the “creative professional” exemption is an artsy rebel that does not depend on an employee’s professional field, advanced knowledge, or. Coverage under the FLSA Most jobs are governed by the FLSA. Some are not. Some jobs are excluded from FLSA coverage by statute. Other jobs, while governed by the FLSA, are considered "exempt" from the FLSA overtime rules. Exclusions from FLSA coverage. Particular jobs may be completely excluded from coverage under the FLSA overtime rules. There are two general types of complete exclusion.. Those whose job duties do not fit within any of the exemptions provided for under the FLSA and are, therefore, entitled to overtime pay. The exemptions provided for under the Fair Labor Standards Act are very limited and narrow, and the burden is placed on the employer to prove that any given employee or class of employees is not exempt. 18.07.2010 · Do Video editors qualifiy for the "creative professional" overtime-exemption? - The Business Practices & Career Building Community of the World COW is a great source for practical real-world business and career advice and strategies. This is the forum we call 'The Money Forum.' - Business & Career Building Forum. Minimum Employees Required. There is no minimum number of employees that must work for an employer before the employer is responsible to comply with Fair Labor Standards Act standards. However, there are some employees who are exempt in whole or in part from FLSA requirements. Those exemptions are discussed immediately below.
News Baklava Chefs' Jobs Not 'Creative' Under FLSA, Judge Rules Baklava and baked goods chefs suing for overtime pay don't fall under the Fair Labor Standards Act’s creative professional. FLSA Exemption Questionnaire Note to employers: This questionnaire serves as a basic outline for an employer’s initial analysis of positions being considered for exemption under the FLSA and is meant to serve as one of several tools in such an analysis. Job titles are insufficient to determine exempt status. Additionally, state wage and hour.
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