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March 04, 2010
Overtime Exemptions for Creative and Computer Professionals

Speaking to attendees of her BLR webinar “Job Descriptions: How to Tackle Tricky Drafting Hurdles to Maximize Compliance and Effectiveness,” attorney Olivia Goodkin described the exemptions to overtime law available for creative and computer positions and what is necessary to qualify for either exemption type.

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  • For creative professionals: the employee’s primary duty must be the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.
  • For computer employees: The employee must be compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour; and the employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing certain duties.

Olivia Goodkin, Esq. is a partner in the Los Angeles office of Rutter Hobbs & Davidoff where she specializes in liability avoidance and employment-related litigation. She can be reached via email at

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