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Journalists cannot
meet the educational requirements for the learned professional
exemption. In addition, journalists,
reporters and other employees of newspapers, magazines, television and other
media are not exempt creative professionals if they collect, organize
and record information that is routine or public or if they do not contribute
a unique interpretation or analysis.
Journalists also are not exempt if their work product is subject to
substantial control. However,
journalists may be exempt if they perform on-air in radio or television,
conduct investigative interviews, analyze or interpret public events, or
write editorials, opinion columns or commentary.
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