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Employee sues Daryl Cagle, Cagle Cartoons
Jim Romenesko has details on a lawsuit filed against Cagle Cartoons Inc. and Daryl Cagle by one of his employees Cari Dawson Bartley. The suit appears to be an issue of compensation.
When Plaintiff began her employment with Defendants, she was paid on an hourly basis. Over the past four (4) years, Plaintiff was paid a salary of approximately $1751.70 twice per month, which equaled $42,040.80 per year. Plaintiff’s change to a salary position was not a result of taking on more managerial type duties. In fact, as her employment progressed, Plaintiff was expected to, and did, perform more and more basic customer service, reception, and bookkeeper duties on behalf of the company.
Over the past four (4) years, Plaintiff was not paid overtime for working over eight (8) hours in a day or forty (40) hours in a week, including weekends and holidays. Plaintiff worked long hours, approximately sixty (60) to sixty-five (65) hours per week. She began receiving calls early in the morning, sometimes as early as 5:00 a.m. Plaintiff also regularly worked late into the evenings, which would be as late as 11:00 p.m. or later.
So little is known about this case, that I’m hesitant to weigh in. My understanding was that salaried employees were exempt from compensation for overtime. After reading this article, “Salaried Workers, Do You Get Overtime Pay? Odds Are You Should!” I’m standing corrected.
I find it interesting, according to that article, that cartoonists are exempt from overtime compensation. Maybe it’s so fun, it’s a compensation in and of itself? Here’s what the author wrote regarding creative employees.
Creative employees: Creative employees who are exempt include actors, musicians, composers, writers, cartoonists, and some journalists. People in this category don’t necessarily have to be paid on a salary basis to be exempt.
As to the Cagle suit, Daryl can’t comment on specifics of the lawsuit, but can confirm that Cari is still employed with the syndicate as the Executive Editor and Marketing Director and anticipates that she’ll continue in that capacity.