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  1. #1
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    Default Artistic Profession Exemption

    My question involves employment and labor law for the state of: CA

    So I am having fun trying to determine what qualifies something as an "artist profession" (falling under the Professional Exemption which allows for exemptions for learned and ARTISTIC).

    Would someone involved with doing color correction for TV and film qualify as "artistic?" The only directions the person is given is to make the film look "good." With that the individual has to use graphic software to edit and touch up the way the video looks. Sometimes it is a simple process of creating and applying the right filter. Most of the time it involves going scene by scene and touching up the colors in various points (ie, you might lighten objects in the background so they are more noticable, darken a characters face because it is too bright, and perhaps edit out something in the background). Anyways, I hope that is enough info to work with. If not, what are the right questions I should be asking to figure this out? Thank you.

  2. #2
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    Default Re: Artistic Profession Exemption

    Quack, Quack.
    Actually read this from the US DOL
    http://www.dol.gov/whd/regs/complian...ofessional.pdf

    Graphic artists analyze, plan and create visual solutions. They accomplish this through applying specialized techniques within various forms of media, from website design to corporate branding. This innovative career requires specified training, as well as an eye for design.
    http://www.ehow.com/facts_4826560_gr...scription.html

  3. #3
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    Default Re: Artistic Profession Exemption

    If you're the employer, you will want to be asking questions like, "Where did I put our lawyer's phone number," then after calling your lawyer, "Here's my situation... what else do you need to know?"

    For the creative professional exemption to apply, the employee's primary duty (the principal, main, major or most important duty that the employee performs) must involve "the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor". That will generally mean 50% or more of the employee's time must be devoted to those artistic or creative endeavors. Graphic artists can be subject to the creative professional exemption provided they are performing tasks that are original and creative in nature.

    Assuming the work otherwise qualifies, it becomes necessary to consider how much discretion and judgment are truly involved in the work - how much comes from supervisors or other professionals who monitor the work and give directions or order changes or corrections. ("Exemption as a creative professional depends on the extent of the invention, imagination, originality or talent exercised by the employee.") If the employee has no real discretion, they're not going to fall under the exemption. Determinations are made on a case-by-case basis.

  4. #4
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    Default Re: Artistic Profession Exemption

    Thank you for the help as always. I am not the employer I just work for them! I always do research myself but I like to use the forum here as a sounding board and see if anyone comes up with something different. I hope nobody thinks I am wasting their time

    Back on subject. Yeah I think this one loses out because even though the person is doing something artistic, it is under direction. There is still someone telling them what changes to make, what not to touch, how it should look, etc. To me I find it hard to imagine anyone falling under this exception since most people with that much artistic control are going to be independent contractors.

  5. #5
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    Default Re: Artistic Profession Exemption

    If you're saying that you are tricking us into doing your homework, you need to do your own homework.

  6. #6
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    Default Re: Artistic Profession Exemption

    I think the OP might be saying he's the artist.

    Based on what I know about colourization work (quite a bit), I believe this is a non-exempt position. Whether or not true artists as defined by the DOL would be ICs or not is irrelevant.

  7. #7
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    Default Re: Artistic Profession Exemption

    Posting history suggests "research projects" of one type or another.

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