Brett Bartlett and Brandon Spurlock Published in the Employer's Guide to the Fair Labor Standards Act
"A Dose of Reality: How Reality TV Is Testing the Limits of the Creative Professional Exemption"

Brett Bartlett and Brandon Spurlock's article "A Dose of Reality: How Reality TV Is Testing the Limits of the Creative Professional Exemption," was published in the September 2009 issue of the Employer's Guide to the Fair Labor Standards Act. In their article, the authors discuss the recent trend in California wage and hour litigation related to reality television. According to the authors, employees working on several reality TV shows have challenged their status as exempt creative professionals. Brett and Brandon note, "Whether or not these employees' claims have merit, the reality is that employers should take a closer look at any employees whom they have classified as exempt creative professionals…. Without question, these reality show suits are in the public eye, and may signal the arrival of more suits challenging the creative professional exemption." The authors discuss the details of the creative professional exemption of the Fair Labor Standards Act (FLSA), how it's been applied in the past, and how it's changing due to today's prime time TV programming.

Brett and Brandon conclude, "Employers confronted with these types of challenges must keep in mind that not all 'creative' employees will satisfy the test for this exemption." They continue, "The important thing is that employers not be too 'creative' in their application of the creative professional exception…. As with most issues involving application of overtime laws, each situation must be assessed on a case-by-case basis to confirm that an exemption is likely to apply."