Service & commerce
Journalism & media: breaking-news rotations
The short answer
Newsroom staff on a breaking-news rotation are owed pay for standby when the restrictions keep them from using the time for themselves under 29 C.F.R. § 785.17, and many reporters and production staff are not exempt at all under the narrow creative professional test in 29 C.F.R. § 541.302(d).
Standby and callout
Requirements to answer immediately, stay in the market, or be ready to shoot at short notice are weighed under 29 C.F.R. § 785.17 and Owens v. Local No. 169, 971 F.2d 347 (9th Cir. 1992).
The creative professional exemption is narrow
Reporters who gather and report routine local news generally are not exempt creative professionals under 29 C.F.R. § 541.302(d), and California requires more than half the time on exempt duties under Cal. Lab. Code § 515.
Field and travel time
Travel to a breaking story outside regular hours is generally compensable under 29 C.F.R. § 785.36, and travel between assignments during the day is hours worked under 29 C.F.R. § 785.38.
Facts that usually decide these cases
- Immediate-response requirements during rotations
- Market or geographic limits while on call
- Non-exempt reporters treated as exempt
- Unpaid travel to breaking assignments
Weighed together under the framework of Owens v. Local No. 169, 971 F.2d 347 (9th Cir. 1992): Geographic restriction — how far you may travel while on call; Response time — how many minutes you have to answer or arrive; Call frequency — how often the phone actually rings; Personal interference — what the rotation stops you from doing; Trade or refusal rights — whether you can hand the shift off.
Frequently asked questions
- Are reporters exempt from overtime?
- Often not: the creative professional exemption is narrow and excludes routine news gathering under 29 C.F.R. § 541.302(d), so overtime may be owed under 29 U.S.C. § 207(a).
- Is travel to a late-night story paid?
- Travel to an emergency assignment outside normal hours is generally compensable under 29 C.F.R. § 785.36, and travel between assignments is hours worked under 29 C.F.R. § 785.38.
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