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Are there any overtime or other wage exemptions for Actors

Resolved Question:

Are there any overtime or other wage exemptions for Actors working in California?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

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:

http://www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.htm

The Wage Order regulating actors can be found here:

http://www.dir.ca.gov/IWC/IWCArticle12.pdf

Customer: replied 1 year 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?

Expert:  Joseph replied 1 year ago.
Both, the FLSA and Wage Order would be controlling. They are also identical so it is inconsequential.
Expert:  Joseph replied 1 year ago.
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 1 year 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?

Expert:  Joseph replied 1 year ago.
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.
Joseph, Lawyer
Satisfied Customers: 5146
Experience: Extensive experience representing employees and management
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Expert:  Joseph replied 1 year ago.

Hello Meghan,

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Thanks again and best of luck,


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Joseph
Joseph
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