On February 10, 2015, Habush Habush & Rottier S.C. ® filed class action complaints on behalf of salaried Epic Employees against EPIC Systems Corporation. Click here to learn more.
Employers must pay all employees overtime pay for hours worked over 40 unless they can show that the employee falls within a particular exemption from federal wage & hour laws. At Epic Systems, Technical Writers, Quality Assurance and some other full time employees are often paid a salary with no additional compensation for hours worked over 40 per week.
Employers may claim that some positions qualify for the “creative professional” exemption. To qualify for this exemption, the employee’s position must meet the following requirements:
- The employee must be paid on a salary or fee basis at a rate of at least $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.
Courts across the country have found that certain editors, journalists, and other writers are not exempt creative professionals because they are trained to operate within accepted guidelines are not allowed to use sufficient invention or imagination to be considered exempt.
If you are a salaried employee who is not compensated for hours worked over 40, you may have a claim for unpaid wages and overtime. Contact attorneys Breanne Snapp or Jason Knutson for a confidential, free consultation. Click here to chat with one of our online representatives.