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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Are there any overtime or other wage exemptions for Actors

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Are there any overtime or other wage exemptions for Actors working in California?

There are no overtime or other wage exemptions for regular actors working in California.

However, if the actor would be considered professional, then, as long as he or she receives a salary, and meets the other criteria set out in this link, then he or she would be exempt from all overtime regulations:

The Wage Order regulating actors can be found here:

Customer: replied 3 years ago.

I came across the wage order but was a little bit confused by it. On its surface it appears that it just reiterates the FLSA requirements for exemptions. Are there further specific exemptions within it that I am missing?


So if the employee is a "professional actor" that fits the requirements of a creative professional, does that mean that they are exempt under the FLSA or the CA Wage Order?


Secondly, would the FLSA or the CA Wage Order be the controlling authority?

Both, the FLSA and Wage Order would be controlling. They are also identical so it is inconsequential.
Yes, the exemption is the same under both.

Both the FLSA and the wage order would be controlling. They are also identical in terms of the exemption, os it
Customer: replied 3 years ago.

Ok so just recapping,


An "actor" who works on a day to day basis or is paid hourly would still be required to be paid OT for an hours past the requirement. But if it they are professional in the sense that they could be covered as a creative professional and are paid a salary then they would be exempt?


Also, if paying them one flat fee regardless of how many hours they work would this put them in the "salaried" category if it was above the required amount?

Yes, that is correct.

No, paying them a flat fee does not make them salaried, and you could definitely be violating overtime provisions by trying to do that.

They have to receive a salary, not a flat fee. Salary would be a set amount of pay for weeks regardless of work. Flat fees are typically for just days of work and wouldn't qualify.
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