Are Journalists Entitled to Overtime Pay? Here’s What to Know

If you’re a reporter, editor, or staff writer in the news industry, you’ve probably wondered: Am I supposed to be getting paid overtime?

The short answer? Maybe. It depends entirely on the kind of work you do on a daily basis.

Under the Fair Labor Standards Act (FLSA), most employees in the United States are entitled to overtime pay when they work more than 40 hours per week. But there are exceptions—especially for so-called “white-collar” roles, including executive, administrative, professional, and creative positions.

Journalism often falls into a gray area.

In 2024, the Department of Labor attempted to revise some of these exemption rules, but those updates were blocked in court. For now, we’re sticking with the 2019 rule: if you're earning at least $684 per week on a salary or fee basis and your job meets specific criteria, you may be exempt from overtime.

But here's the catch—just because you're called a "journalist" doesn't mean you're automatically exempt. Whether or not you're owed overtime depends on what your job actually involves. Let’s break it down.

When Journalism Isn’t Exempt: Understanding the “Creative Professional” Rule

Not all journalists are automatically exempt from overtime pay, despite the common assumption. Many fall under what’s known as the “creative professional” exemption, but the title can be misleading.

Working in media doesn’t make you exempt on its own. To qualify under this exemption, your role must require creativity, originality, and talent. Think unique storytelling, original analysis, or strong editorial voice, not just summarizing press releases or reporting the who/what/where/when.

If your job mostly involves routine fact-gathering, basic reporting, or rewriting existing information, you likely don’t meet the standard, and that means you may be entitled to overtime.

Let’s break it down further: what is exempt, what isn’t, and where your role might fall.

What Journalism Work Doesn’t Qualify as Exempt?

Not all reporting is considered “creative” under the law. In fact, many newsroom tasks fall squarely outside the exemption. For example:

• Rewriting press releases
• Summarizing public records or police reports
• Covering routine events or community meetings
• Compiling data or logging facts without original analysis
• Following strict editorial direction with little creative input

If your day-to-day involves producing quick, standardized pieces based on publicly available info, and your editor calls most of the shots, then odds are, you’re not exempt. And that means you’re likely entitled to overtime pay for any hours worked over 40 in a week.

What Kind of Journalism Might Be Exempt?

On the other hand, some journalism jobs do fall under the “creative professional” exemption, especially when the work demands originality and independent thinking. You might be exempt if your role includes:

• Investigative reporting with original interviews and deep research
• Writing opinion pieces, columns, or narrative-driven features
• Producing radio or TV commentary
• Offering personal analysis or fresh takes on current events
• Acting as on-air talent or media commentator
• Creating content shaped by your own voice, perspective, or creative style

The more creative judgment, authorship, and independence your work involves, the more likely you are to qualify for the exemption. Still, it’s not automatic—these cases are fact-specific and must be reviewed individually.

Being In the Media Doesn’t Mean Automatic Exemption

There’s no blanket rule that says all journalists are exempt. In fact, there never has been. Employers can’t just assume your job is exempt because you work at a newspaper or a TV station.

And that’s one costly mistake most employers in this field make.

What matters is how much independent creativity and editorial freedom you actually have. If your job primarily involves reporting facts in a set format, or if you follow a script or receive heavy editing, you are likely nonexempt.

Being nonexempt means your employer needs to pay you for all your overtime hours.

Additionally, none of these FLSA exemptions supersedes any union or contractual obligations. If your job falls under a collective bargaining agreement, your employer still has to honor those terms, no matter what the FLSA says about exemptions.

Nonexempt Journalists Deserve Overtime Pay

Working in journalism doesn’t automatically make you exempt from overtime. It all comes down to the type of work you do and the level of creative control you have. If your job mainly involves reporting facts, following assignments, or writing in a structured way, you’re probably nonexempt and legally entitled to overtime.

And if you’re not sure how you’re classified, it’s worth seeking expert help.

Owed Overtime? Morgan & Morgan Can Help 

Misclassification happens more often than you’d think. At Morgan & Morgan, we help media professionals like you understand their rights and responsibilities. If you’ve been putting in long hours without extra pay, our team can help you figure out whether your employer owes you overtime pay.

And if they do, our labor and employment lawyers may be able to step in to hold your employer accountable on your behalf.

Ready to get started? Please contact us today. We’ll review your case for free and with no obligations. 

Disclaimer: This information is based on fact sheets the DOL provides.