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. In reality, technical writers are often illegally paid a salary with no additional compensation for hours worked over 40.
Employers may claim that technical writers qualify for the “creative professional” exemption. To qualify for this exemption, the employee’s position must meet the following requirements:
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 and do not use sufficient invention or imagination to be considered exempt.
If you are a salaried technical writer who is not compensated for hours worked over 40, you may have a claim for unpaid wages and overtime. Contact the attorneys at Habush Habush & Rottier S.C. ® for a confidential, free consultation. Click here to chat with one of our online representatives.