U.S. · FLSA exemptions
FLSA creative professional exemption.
Which creative jobs 29 CFR 541.302 says generally qualify, and which generally do not.
The creative professional exemption covers employees whose primary duty is work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor, and who are paid at least $684 per week on a salary or fee basis. The regulation says actors, musicians, composers and certain writers and artists generally qualify, while copyists, motion-picture cartoon animators and photo retouchers generally do not. Each case is decided on its facts.
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The test
Under 29 CFR 541.300(a), the professional exemption covers an employee compensated on a salary or fee basis at not less than $684 per week (lower in the territories and American Samoa) whose primary duty is work requiring knowledge of an advanced type in a field of science or learning, or work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. 541.302 explains the creative branch: the work must be in a recognized field such as music, writing, acting or the graphic arts, and it must depend on the extent of invention, imagination, originality or talent rather than on intelligence, diligence and accuracy. Work that a person with general manual or intellectual ability and training can produce does not qualify.
Examples in the regulation
| Role | Generally qualifies? | What 541.302 says |
|---|---|---|
| Actors, musicians, composers, conductors, soloists | Generally yes | The invention, imagination, originality or talent requirement generally is met by these roles. |
| Painters given at most the subject matter | Generally yes | Met by painters who at most are given the subject matter of their painting. |
| Cartoonists told only a title or concept | Generally yes | Met by cartoonists who are merely told the title or underlying concept and must rely on their own creative ability to express it. |
| Essayists, novelists, short-story and screenplay writers | Generally yes | Met when they choose their own subjects and hand in a finished piece of work; the regulation notes most such persons are self-employed rather than employees. |
| More responsible writing positions in advertising agencies | Generally yes | Listed as generally meeting the requirement. |
| Copyist | Generally no | Not properly described as creative in character. |
| Motion-picture cartoon animator | Generally no | Not properly described as creative in character. |
| Photograph retoucher | Generally no | Not properly described as creative in character. |
| Reporter who rewrites press releases or recounts routine public information | No | Not exempt if they only collect, organize and record information that is routine or already public, or contribute no unique interpretation or analysis. |
| Reporter whose work product is subject to substantial control by the employer | No | Reporters do not qualify if their work is subject to substantial control by the employer. |
| Journalist who performs on air, conducts investigative interviews, analyzes or interprets public events, writes editorials or opinion columns, or acts as a narrator or commentator | Can qualify | Journalists may qualify if their primary duty is work requiring invention, imagination, originality or talent, including these activities. |
How to read the table
"Generally" is the regulation's own word. It says determination of creative professional status must be made case by case, depending on the extent of invention, imagination, originality or talent the employee exercises. Job title is not the test; the primary duty is. The salary requirement in 541.300 applies in addition to the duties test.
Worked example
A newsroom employee who mostly rewrites press releases and recounts routine local events is not an exempt creative professional under 541.302(d). A columnist who writes opinion pieces on public events as the primary duty may be, if paid at least $684 a week on a salary or fee basis and the work is not under substantial employer control. A video editor who follows a script and a fixed template raises the opposite question: is the work creative, or routine mental or manual work? The regulation does not list video editors, so the facts decide it.
Limits
State law may be stricter than federal law. This page quotes the regulation's examples and cannot classify a particular worker.
Sources
- 29 CFR 541.300 General rule for professional employees: the salary and duties tests. Read November 2, 2026.
- 29 CFR 541.302 Creative professionals: recognized fields, the examples and the journalist rules. Read November 2, 2026.
Regulation text is the eCFR version current to October 29, 2026. The $684 weekly figure is the number printed in 541.100 and 541.300 in that version, which cite a May 15, 2026 amendment.
Frequently asked questions
What is the creative professional exemption?
The part of the FLSA professional exemption for employees whose primary duty is work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.
Are graphic designers exempt?
The regulation lists the graphic arts as a recognized field, but exemption depends on whether the primary duty requires invention, imagination, originality or talent and on the $684 weekly salary level. It is decided case by case.
Are journalists creative professionals?
They can be, if their primary duty requires invention, imagination, originality or talent, such as investigative interviews or opinion writing. Reporters who only record routine or public information are not.
Is a minimum salary required?
Yes. The professional exemption requires compensation on a salary or fee basis at not less than $684 per week in the eCFR text read, with lower figures in the territories and American Samoa.
Are animators exempt?
The regulation says motion-picture cartoon "animators" are generally not meeting the requirement, because that work is not properly described as creative in character.
Not legal advice
This page summarizes federal regulations and agency forms and is not legal advice. State and local law can require more, and exemption and leave questions turn on the facts. An employment attorney or the Department of Labor can confirm what applies to your situation. Everything runs in your browser; nothing you enter is sent anywhere.