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Computer
Software Professionals ::
CA Overtime Pay Laws
Information on
Computer Software Employees and Their Rights Regarding
California Overtime Pay Laws
Many
employees in the computer software fields are entitled to
overtime pay under California law. These employees work in
"help desk", are "Systems Engineers", have customer service
positions or earn under $47.81 per hour (as of January 1,
2006).
Computer software employees can be exempt from overtime pay
if they are paid hourly. If the computer software employee
is paid over $47.81 per hour as of January 1, 2006, then
they can be properly denied overtime. This hourly rate
adjusts yearly, and the current rate can be found on the
California
Division of Labor Statistics and Research
Website
regarding Labor
Code section 515.5(A)(3) and
515.6(a).
Sometimes employees place too much stock in the hourly pay
requirement. For those who work with computers and who make
over the exemption rate, they categorize those employees as
exempt even though they may not meet the criteria of the
exemption. Usually these employees are nonexempt and
therefore are owed overtime pay.
The computer software employee's overtime pay exemption for
is phrased as follows. In a nutshell, it means that a
computer software employee must be engaged in actual
programming and not repair or manufacturing work:
"(h)
Except, as provided in subparagraph (i), an employee in
the computer software field who is paid on an hourly
basis shall be exempt, if all of the following
apply:
"(i)
The employee is primarily engaged in work that is
intellectual or creative and that requires the
exercise of discretion and independent judgment.
"(ii) The employee is primarily engaged in duties that
consist of one or more of the following:
"- The application of systems analysis techniques and
procedures, including consulting with users, to
determine hardware, software, or system functional
specifications.
"- The design, development, documentation, analysis,
creation, testing, or modification of computer systems
or programs, including prototypes, based on and
related to user or system design specifications.
"- The documentation, testing, creation, or
modification of computer programs related to the
design of software or hardware for computer operating
systems.
"(iii) The employee is highly skilled and is
proficient in the theoretical and practical
application of highly specialized information to
computer systems analysis, programming, and software
engineering. A job title shall not be determinative of
the applicability of this exemption."
As noted
above, this all applies to computer software employees
"except as provide in subparagraph (i)." This
subparagraph creates the following exceptions:
"(i)
The employee is a trainee or employee in an
entry-level position who is learning to become
proficient in the theoretical and practical
application of highly specialized information to
computer systems analysis, programming, and software
engineering.
"(ii) The employee is in a computer-related occupation
but has not attained the level of skill and expertise
necessary to work independently and without close
supervision.
"(iii) The employee is engaged in the operation of
computers or in the manufacture, repair, or
maintenance of computer hardware and related
equipment.
"(iv) The employee is an engineer, drafter, machinist,
or other professional whose work is highly dependent
upon or facilitated by the use of computers and
computer software programs and who is skilled in
computer-aided design software, including CAD/CAM, but
who is not in a computer systems analysis or
programming occupation.
"(v) The employee is a writer engaged in writing
material, including box labels, product descriptions,
documentation, promotional material, setup and
installation instructions, and other similar written
information, either for print or for on screen media
or who writes or provides content material intended to
be read by customers, subscribers, or visitors to
computer-related media such as the World Wide Web or
CD-ROMs.
(vi) The employee is engaged in any of the activities
set forth in subparagraph (h) for the purpose of
creating imagery for effects used in the motion
picture, television, or theatrical industry."
An
instructive case is Martin v. Indiana Michigan Power
Co. In that case, the employee's job title was "IT
Support Specialist." His job duties included
installing, upgrading and maintaining computer workstations,
installing hardware and cable for a LAN, and troubleshooting
employee requests. The employee had no computer
certifications and only a high school degree. The
court said that this employee was not an exempt computer
software professional. The court emphasized that this
employee did not make decisions about how the network should
run but just maintained what was in place.
The other overtime exemptions could apply to employees not
covered by the computer software exemption. In other
words, software professionals could be exempt as
administrative employees. These other overtime pay issues
are dealt with on the overtime
pay web page
on my website.
To
email William E. Harris about a claim you may have
Click
Here
We Can Help
With CA Computer Employees and Their Overtime Law
Rights
Harris & Kaufman is a
California law firm that's dedicated to representing
employees in disputes against their employers to do with
overtime laws in California. Our
California
labor lawyers also
represent employees and workers in wage disputes,
overtime
pay,
vacation
pay, unlawful
termination, rest and meal period cases, sexual harassment,
workplace discrimination, and cases regarding tips and tip
pooling. Our lawyers can assist you if you believe that your
employer has broken the California Labor Laws.
Our employment attorneys are experienced and have had
numerous trials, arbitrations, and appeals and have
litigated on behalf of thousands of employees.
Harris & Kaufman has represented workers in state and
federal court and in administrative proceedings before the
California Labor Commissioner. Determined and aggressive,
our cases include individual disputes and
class
action lawsuits.
We can assist you with a wide variety of workplace disputes
to do with the Overtime California pay laws for computer
professionals. We are aggressive and experienced lawyers and
can help enforce your rights under California state law or
state regulations. Based in Sherman Oaks, California we
serve greater Los Angeles, Orange County, Ventura County and
have cases statewide.
California Software Professionals & CA State
Computer Employees Overtime Laws Page Summary:
California Labor Lawyers Harris & Kaufman law firm can
assist you with the Labor Laws to do with arbitration in
labor disputes in the State of California. Find an article
on overtime pay rights for computer software professionals
in the State of California.
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