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Overtime Pay for Animators

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Overtime Pay for Animators

Somebody please correct me if I'm wrong, but I understand that it is industry practice for non-union animators to not get paid overtime when working more than 40 hours a week. However, go take a look at the relevant legislation posted on the Department of Labor's Wage and Hour Division website ( at http://www.dol.gov/dol/allcfr/Title_29/Part_541/29CFR541.302.htm down in paragraph c 2 and look for the word "animator" ). As I understand it, the law says that unless you're the lead animator or a creative lead of some sort - that is to say, if you're just a regular workaday grunt animator who does what they're told and doesn't call any shots - you are legally entitled to overtime pay.

My question to all of you animators, then, is why it's industry practice to not pay overtime. I mean, I understand why employers would not bring this law up during salary negotiations, but I don't quite get why animators keep getting jobs without overtime pay. Are animators poor negotiators or simply ignorant of their rights?

Then again, maybe I'm misunderstanding the law; I'm certainly not a lawyer by any means. So how 'bout it? What's the deal with overtime pay?

A question here is are you talking about Freelance or working for like Disney???
If freelance then no you do not get OT.

Salary

Salary paid people don't get paid overtime. Hourly people that work more then 40 hours by law MUST be paid overtime. Doesn't matter what your occupation is.

Freelancers are a contractor... they don't get overtime, only paid whatever the dollar amount was agreed on. If they work over their given amount of time it's on their own accord.

But you see, if I'm right, then it means that salary paid people DO get paid overtime. Or they should if the employers were to do what the law requires.

Salary paid people don't get paid overtime. Hourly people that work more then 40 hours by law MUST be paid overtime.

With the economy what it is. People accept what they can get and don't ask questions. That doesn't just hold for the animation field. It's prevalent and it's just wrong. But those that have money have the upper hand at the moment. They control those that vote on legislation. We're also being told this or that will bring costs down. Have you ever noticed that it does. We give up rights and recourse, what does big business ever give up?

Pat Hacker, Visit Scooter's World.

The ability to function without resorting to other things that piss people off.

from reading that article it does seem that salary paid works should get overtime pay, but i think its more tradition then anything when it comes to certain fields such as animation. so although i would love to be paid overtime unless the is a french revolution within this industry i cant see it happening too soon...

shame...

Bad

Hey, if work was fun, your boss would charge admission at the door...

If you are working freelance, forget OT. Consider yourself nobbed twice. If you are contracted (Full time) check your contract for OT rules. Course, even if you were right, are you in a situation where you could march into your bosses office and demand more money? My $ is on "no."

Sorry