In yet another case that demonstrates the difficulty in applying the FLSA’s exemption tests, the federal 9th Circuit Court of Appeals has ruled that a newspaper’s reporters were nonexempt, and therefore entitled to overtime.
The newspaper involved was a Chinese language daily with distribution in Los Angeles, New York, and other U.S. cities. The paper had argued that the employees were exempt under the Creative Professional exemption. The court disagreed, finding that the newspaper’s articles “lacked the sophistication of the national level papers” and that the reporters didn’t perform sophisticated news analysis or investigational reporting required to qualify under the exemption.
Reporters who routinely just gather and organize news would be nonexempt. [Wang v. Chinese Daily News, Inc.]



