IGDA Quality of Life Summit GDC 2005 The U. S Fair Labor Standards Act and Other Legal Considerations Regarding Overtime and the Work Force By Tom Buscaglia, The Game Attorney The F S L A All Workers Presumed to Receive Overtime Some Employees are EXEMPT from Overtime Executives
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The U. S Fair Labor Standards Act and Other Legal Considerations Regarding Overtime and the Work Force
Tom Buscaglia, The Game Attorney
(c) The exemption provided by Sec. 541.3(a)(4) applies only to highly-skilled employees who have achieved a level of proficiency in the theoretical and practical application of a body of highly-specialized knowledge in computer systems analysis, programming, and software engineering, and does not include trainees or employees in entry level positions learning to become proficient in such areas or to employees in these computer-related occupations who have not attained a level of skill and expertise which allows them to work independently and generally without close supervision. The level of expertise and skill required to qualify for this exemption is generally attained through combinations of education and experience in the field. While such employees commonly have a bachelor's or higher degree, no particular academic degree is required for this exemption, nor are there any requirements for licensure or certification, as is required for the exemption for the learned professions.
(c)(1) The work must be original and creative in character, as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training...In the plastic and graphic arts the requirement is, generally speaking, met by painters who at most are given the subject matter of their painting. It is similarly met by cartoonists who are merely told the title or underlying concept of a cartoon and then must rely on their own creative powers to express the concept. It would not normally be met by a person who is employed as a copyist, or as an ``animator'' of motion-picture cartoons, or as a retoucher of photographs since it is not believed that such work is properly described as creative in character.
San Mateo County
San Mateo County