day 73/reason 28: got education or imagination? no overtime for you...
Check out this Department of Labor website for information about the new overtime rules.
From what I can tell, generally if you earn over $455 a week (about $23,000/yr), are on salary, and are in a job that required some level of advanced training or education to get the job, you are probably exempt from overtime pay. Except if you are a teacher - then no matter what you earn or whether you are salaried, no overtime for you. Also, it looks like a lot of office employees who deal with "general business operations" will probably be exempt from overtime.
Overall the rules are confusing and rather amusing (if you forget for a moment the negative economic consequences this may have for a lot of people.) Below is the section about the "creative professions".
To qualify for the creative professional employee exemption, all of the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
- 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.
Basically, you don't get overtime if you get to be imaginative or original in your job. However, Journalists are not exempt creative professionals if they only collect, organize and record information that is routine or already public, or if they do not contribute a unique interpretation or analysis to a news product.
Maybe they should just institute a "think" test to determine eligibility. If you are in a job that a trained monkey or computer could do, you probably are the only ones eligible for overtime. Congratulations Mr. President... you've just told a lot of American citizens that 1) education will lower your earning ability, 2) creativity is not worth paying overtime, and 3) teachers are not really worth anything at all.