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Exempt or Non-Exempt for video artists?
Hi,
I can’t be too specific, but lets just say I work for a production company in CA, and they call us exempt employees, and they indirectly force us to work 10 to 20 hours of overtime every week and do not pay us. Can this be legal? Are editors and motion graphics artists considered exempt? I have looked up the laws but they are so vague, they don’t say if Film and Graphics people are exempt. Also it can’t be legal that they charge our clients overtime for the forced overtime we work, and they don’t pay us anything more if we work one minute or 20 hours overtime. Please help with info, I’m going to speak to a lawyer, but wanted a quicker and cheaper heads up if anyone knows.
Thanks
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4 Replies
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I put my response in Cowmedy forum because I went there first this morning. I noted this forum is the best place to get the correct answers. Best of Luck
Del
fire*, smoke*, photoshopCS3
Charlotte Public Television -
[over_worked] “I work for a production company in CA, and they call us exempt employees, and they indirectly force us to work 10 to 20 hours of overtime every week and do not pay us. Can this be legal?”
Almost certainly no!!! California has very strict labor laws.
Describe your employement arrangement for us please. Are you a fulltime salaried employee with benefits? Did you sign an employment agreement? Do you know if you are considered an “at will” employee? Is any of this work you’re doing making its way into theatrical films or broadcast TV?
David
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY
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This all depends on whether you are a 1099 contractor or a full time employee where the employer is withholding taxes on your behalf. If you are a 1099 contractor, you and your employer have to negotiate a working contract and that is all there is to protect you. If you agreed to work for a day rate, then you eat overtime. The contract is everything.
If, however, you are a salaried employee (they withhold taxes on your behalf), labor laws apply and overtime must be paid for anything over a 40 hour week.
As was asked upstream, you should describe your employment situation in more detail so that we can understand the nature of your situation.
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[beenyweenies] “If, however, you are a salaried employee (they withhold taxes on your behalf), labor laws apply and overtime must be paid for anything over a 40 hour week.
“In CA it’s not just 40hrs a week but over 8hrs in a day too.
-A
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