On September 27, 2010, the Ninth Circuit in Wang v. Chinese Daily News, 623 F.3d 743 (9th Cir. Cal. 2010) disagreed with the newspaper company, upholding violations of wage and hour laws committed against newspaper reporters and journalists. The California district court originally found that the newspaper company violated state labor laws by failing to give newspaper reporters labor law breaks and the newspaper company failed to pay the reporters proper overtime pay as required by state and federal wage and hour laws.
Reporters journalists are entitled to overtime compensation when they perform job duties involving routine mental, manual, mechanical or physical work. California wage and hour law, with respect to overtime rules for professional employees and reporters, is similar to overtime laws under the Fair Labor Standards Act in that a professional employees is one who is primarily engaged in the performance of work that is original and creative in character in a recognized field of artistic endeavor and the result of which depends primarily on the invention, imagination, or talent of the employee.