Do Video editors qualifiy for the “creative professional” overtime-exemption?

[Todd Terry]

We only have one editor on staff (besides me) and he is a salaried employee. However when we work him overtime we do compensate him…. either with a little something extra on his paycheck, or comparable time off to make up for the extra time on the clock.

It sounds like, according to that law, one could make the case that an editor falls under a “creative professional exemption” and not legally have to be paid overtime.

Which, of course, would not be right. Legal or not.

If someone works overtime for you… pay them.

I don’t like to work for free, and I don’t expect my employees to work for me out of the goodness of their hearts, either.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com

[Mark Suszko]

There is a clear OT exemption in the FLSA web site for computer jockeys and “small-market TV broadcast technicians”, I.E. the poor guy that has to baby-sit the transmitter or MC all night – but (hopefully), nothing in there for video editor or cameraman. Do update us on this if you come across any new info, please.

[Mark Raudonis]

[tony guliani] “work requires invention, imagination, originality or talent; who contribute a unique interpretation or analysis.”
“

That sounds like an editor to me. Exempt.

How you want to handle OT is up to you, but according to the letter of the law… it’s not applicable.

Mark

[Grinner Hester]

Labor laws. It’s how we invite illegals, now aint it?
I’ve always discarded this nonsense. If I work overtime, I get paid for it. If someone I hire works overtime they get paid for it. It’s never had to be more confusing than that.

[Mark Suszko]

Maybe. But could also fall under “technician”, which is not exempt. It remains a grey area and probably would be influenced by the specific level of autonomy of that editor. If s/he’s mostly taking direction from a client or Director-Producer, not exempt. If they are totally independent, maybe exempt, but best to get an official ruling to make certain. And by “official”, I don’t mean the bosses’s opinion, but a neutral labor relations mediator.

Anybody that would short-change their creatives on the overtime they earn is a poor manager and will get the level of productivity and artistic results they deserve.

[Bill Davis]

Yet another area in life where simplistic thinking just doesn’t do the job.

There are “editors” who are nothing more than button pushers. “Here – you’re an editor – take these 35 demo reels and edit them into a single review master.” – Nothing “creative” about that gig.

Then there are editors who win Academy Awards who’s contributions are often every bit as “artistic” as the costume designers and the best directors.

So sorry, but the right answer is always going to be “it depends.”

Life would be ever so much easier if decisions could be constrained to black and white. Sometimes on the set I *yearn* for black and white decisions. Just ONCE I’d love somebody to hold up a sign that said “Hey Bill, go ahead and give this actor another TAKE – he has a better performance in him” or “Hey Bill, cut your losses, this is the best you’re going to get right now. – move on.”

But life’s not like that is it? You want a “rule” for whether to pay overtime or not? That would certainly be nice. But any rule you make will likely screw things up in MANY if not MOST of the situations you apply it to. Why? Because the possible reasonable exceptions to any RULE ebb and flow with the circumstances it’s applied to – and without judgement and flexibility, common sense and experience mixed into a constantly morphing stew of circumstance that you can judge occurrence by occurrence – living life or doing business simply according to “the rules” is sterile and banal and too often, ineffective.

Just like in decisions in real life.

Sorry.

[Todd Terry]

[Bill Davis] “You want a “rule” for whether to pay overtime or not? That would certainly be nice.”

Actually, I think it is pretty simple.

If someone works overtime, pay them for it. Period.

You build no good karma by taking advantage of people, their time, or their talent. And bosses who won’t pay for what they get (or those who do so grudgingly only because they absolutely positively mandated-by-law have to) are generally not ones that good people want to work for.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com

[Grinner Hester]

It really is that simple.

[Tony Guliani]

This discussion brings up an interesting point. The FLSA only sets the bare minimum of what is legally allowed. Companies can feel free to go above and beyond that for their employees. Also, freelancers can set their rates to include double and triple time and it is up to the clients to say yes or no.

So I have to ask a slightly modified question:
“who here (other than those who posted above) willingly pays overtime knowing that it is not legally required?” and “who here gets overtime even though it is not legally required?”

I am trying to figure out if we are speaking in sunshine-and-roses “if I were king” talk, or if this is actually how people do business out there.

Thanks for all of the thoughts so far. It’s refreshing to be in a civilized forum for once…

[Todd Terry]

[tony guliani] “who here (other than those who posted above) willingly pays overtime”

Haha… is that a case of “I don’t like the answer so I’ll ask someone else?”

My guess is that anyone smarmy enough not to pay overtime is not going to be jumping up and down raising their hand. And I think most of us in here do pay OT. As it should be. Sunshine nor roses notwithstanding.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com