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New Overtime Exemption Under Nevada Law for Creative Professionals

Volume 10, Issue 7
August 1, 2011

Nevada now has a "creative professional" exemption to the state's overtime law. The change was part of SB 328, which was signed into law on June 1, 2011 by Governor Brian Sandoval. Effective as of July 1, 2011, this new state law amends NRS 608.0116, which defines the term "professional" as "an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, 645G and 656A of NRS," to also include the definition of a "creative professional" as used in applying the long-standing overtime exemption to the federal overtime requirements for such professionals under the Fair Labor Standards Act ("FLSA"), which is set forth in the Code of Federal Regulations at 29 C.F.R. § 541.302.

Thus, employees are exempt from Nevada's overtime requirements when their primary duty is the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, mechanical or physical work. The work must be in a recognized field of artistic or creative endeavor, including music, writing, acting or graphic arts. Examples of fields recognized by this exemption include actors, musicians, composers, conductors, soloists, painters, cartoonists, essayists, novelists, short-story writers and screen-play writers. The imagination requirement is generally not met by copyists, animators of motion-picture cartoons, or retouchers of photographs, as such work has been deemed not creative in nature. Employers should note that this new exemption is prospective, not retroactive.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.