My employer told me that I am not entitled to overtime since I am a journalist, but all I do is collect public information. Is he right?

 

A: No. If your employer is telling you that because you are a journalist you are not entitled to overtime pay, he is probably referring to the "creative professional" exemption under the Fair Labor Standards Act.

Under this exemption, employees whose primary duties require them to use invention, imagination, originality, or talent in writing, acting, music, graphic arts, or another recognized field or creative endeavor are not entitled to overtime.

But if your main duties are to collect public information, then it is likely that you do not fall under the exemption and therefore should be allowed to collect overtime pay.

A good rule of thumb is that the duties that are usually exempt from overtime include performing on air in radio or television or another form of electronic media, narration, commentary, investigative interviews, or the writing of editorial or opinion columns.

If you are unsure of how your job duties in journalism relate to overtime pay, the best thing you can do is to ask a fair overtime wage lawyer in Houston. The attorneys at Kennedy Hodges can not only provide you with a free copy of their book, Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim , but they also can sit down with you to analyze your position and your paycheck. Call 888.449.2068 to request your free consultation today.