The DOL issued an opinion letter on January 19, 2021, finding a wider group of journalists and media personnel qualify for the creative professional exemption under the FLSA. Traditionally, the DOL and courts found that exemptions under the FLSA should be narrowly construed. In 2018, the United States Supreme Court upended that standard, finding that exemptions should be given a “fair reading.” Applying this more relaxed view of how to apply the existing exemption standards, and recognizing that the nature of journalism has changed, the opinion letter opens the door to more media personnel being exempt from the minimum wage and overtime provisions of the FLSA. Read more in DOL Opinion Letter Alert.
