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KhiaKarma's avatar

Are non-union Film Industry employees in Louisiana entitled to overtime pay?

Asked by KhiaKarma (4326points) April 24th, 2012

I have tried to search on-line, but found nothing…..

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9 Answers

WestRiverrat's avatar

It depends on whether or not the position they hold is exempt or nonexempt by federal guidelines.

As a general rule of thumb, if they are paid by the hour they are nonexempt and are eligible for overtime pay.

KhiaKarma's avatar

The position is hourly, but so far they (the production company) has not paid any overtime. When my husband put in for it, they treated him like he wasn’t supposed to. So far they have not refused it though. I was hoping to get some information specifically for Louisiana law and film companies, since the film peeps like to play by their own rules.

bkcunningham's avatar

@KhiaKarma, what is your definition of overtime? I’m asking to make sure we are on the same page.

KhiaKarma's avatar

Not sure if it would calculated for over 40 hours a week or for over 12 hours a day. Either way, are you familiar with Louisiana entertainment law/ labor laws?

bkcunningham's avatar

Overtime is a federal standard, @KhiaKarma. I’m not familiar with specific law regarding Louisiana’ non-union film/entertainment industry.

Pied_Pfeffer's avatar

The state of Louisiana does not have their own guidelines for paying overtime to a non-exempt employee. They use the federal guideline:

An employer must pay a non-exempt employee a minimum of 1–½ times their base wage rate for all hours worked over 40 in a workweek. There is no federal law limiting the number of hours an employer can require a non-exempt employee to work so long as they pay overtime. Like with minimum wage rates, some states have more stringent overtime laws. Source

It doesn’t matter what field the person works in. As long as the job is classified as non-exempt, overtime pay is due for anything over 40 hours a week.

KhiaKarma's avatar

Thanks! I appreciate the source. :)

Pied_Pfeffer's avatar

No problem. This was learned when teaching a class on EEOC to people from all over the US. A state law can supersede a Federal law if it is in favor of the employee. For example, in California, if a non-exempt employee works more than eight hours in a day, it is considered overtime. It is not based on a 40-hour work week.

bkcunningham's avatar

If you work over 8 hours anywhere in California, in a non-exempt profession, you are entitled to overtime. You learn something new everyday.

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