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Joseph
Joseph, Lawyer
Category: California Employment Law
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Professional Actor exempt from OT in California? I have found

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Professional Actor exempt from OT in California? I have found information that "Professional Actor" is exempt from OT in california. If this is true, since there is no such exemption under FLSA would we still have to classify a professional actor as non-exempt when covered by both CA law and FLSA?

Hello Meghan,

 

To clarify, a professional actor fits under the professional exemption under the FLSA, because the actor is a professional. There is no specific exemption for professional actors. So, as long as the actor meets the exemptions for a professional, and is paid a salary, he or she would be exempt from being paid overtime wages.

 

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

Specifically, look under creative professionals.

Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi I was wondering if I could follow up on this question with you. It appears that "professional actors" are exempt, at least from OT under IWC orders 10, 11, 12


 


http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm


 


Would you be able to help me in determining, what makes an actor a "professional actor" and secondly would it be possible that professional models fit under this exemption as well?

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