But, I worked in a very well known Hollywood film studio that had mandatory 10 hour work days with an 8 hour core window, not including crunch times. They factored overtime pay into the schedule. This meant that all employees were being paid some 1.5 time, that double-time would hit sooner than you'd think, but also be a lower rate than what you might expect. It was all documented and reported on my tax forms, and within the bounds of California law AFAIK.
Exempt and non exempt status are very clearly defined. One gets paid hourly, the other a salary. If you are on any kind of schedule, you are usually non exempt unless really a manager.
That this law is broken often is in no doubt, but all it takes is one complaint to the DOL to set things straight quickly. At the very least, if the core hours are documented, it should be fairly easy to make a case for whatever overtime was worked.
I don't think this is true. And it's irrelevant to my point that there are legit reasons for 8 hour "core hours" windows. That discussion was already irrelevant to the point @jph was making: that communicating team expectations by writing them down, making them explicit, and communicating them is a good idea.
Anyway, I just looked up exemption status, and here's what some lawyers have to say about it. I'm certain that the studio I was working for was not breaking any laws by having 10 hour work days with core hours. The way they accounted for it was a tad surprising / misleading to me, but it was in no way illegal.
'An exempt employee has virtually "no rights at all" under the FLSA overtime rules. About all an exempt employee is entitled to under the FLSA is to receive the full amount of the base salary in any work period during which s/he performs any work (less any permissible deductions). Nothing in the FLSA prohibits an employer from requiring exempt employees to "punch a clock," or work a particular schedule, or "make up" time lost due to absences. Nor does the FLSA limit the amount of work time an employer may require or expect from any employee, on any schedule. ("Mandatory overtime" is not restricted by the FLSA.)'
http://www.flsa.com/coverage.html
> The job duties of the traditional "learned professions" are exempt.
> Professionally exempt work means work which is predominantly intellectual, requires specialized education, and involves the exercise of discretion and judgment.
Many managers are completely oblivious to federal labor laws, unfortunately.