Employment and Labor Laws

Fair Labor Standards Act

Exemptions

Motion Picture Producing Industry

Employees in the motion picture producing industry do not need to be paid on a salary basis to qualify for the executive, administrative, or professional employee exemptions, so long as they meet the other requirements. Instead, an employee qualifies for the executive, administrative, or professional employee exemptions if they are compensated at a base rate of at least $695 a week, exclusive of board, lodging, or other facilities (Beginning December 1, 2016, employers will be required to pay exempt employees in the motion picture industry a salary of not less than $1,397 per week. Starting on January 1, 2020, this minimum salary amount will change every three years according to a formula set forth in federal regulation changes issued on May 17, 2016. Additionally, an employee in the motion picture producing industry who is otherwise exempt as a the executive, administrative, or professional employee and is compensated at the legally required base rate each week may qualify for the exemption if paid a proportionate amount (based on a week of not more than 6 days) for any week the employee does not work a full workweek for any reason. Moreover, an otherwise exempt employee in the motion picture production industry qualifies for exemption if he or she is employed at a daily rate under the following circumstances:

  • The employee works in a job category that does not provide a weekly base rate but the daily base rate would yield at least the legally required minimum if the employee worked 6 days; or
  • The employee works in a job category with a weekly base rate of at least the legally required minimum and the daily base rate is at least one-sixth of such weekly base rate.

29 CFR 541.709.


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