Legal Question in Employment Law in California

California Labor Law Overtime Computer Industry

I am in the computer software field and my employer is requiring that my group to work 6 days a week and 10 hour days and they do not pay overtime.

We do not have management duties (hiring/firing, etc.), do not have advanced degrees (at most a bachelors degree) and do not make over $41 per hour.

Is my employer acting legally or illegally according to California law?

Thanks.


Asked on 1/09/04, 10:01 pm

3 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: California Labor Law Overtime Computer Industry

Based on info provided, appears employer not acting legally. If not exempt by standards set by IRS and/or worker's comp, must pay overtime for time over 8 hours per day and 40 hours per week.

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Answered on 1/20/04, 4:18 pm
JEB Pickett Wynne Law Firm

Re: California Labor Law Overtime Computer Industry

The answer is dependent upon the type of work you are performing. The $41 computer software exemption is an additional exemption available to the employer alongside the traditional exemptions. Even though you do not meet that exemption, you may or may not be exempt under the administrative exemption dependent upon the type of work you perform.

Please feel free to call or provide more information via our website so that we attempt to provide a more complete response to your question.

J.E.B. Pickett

(800) 447 5549

www.righettilaw.com

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Answered on 1/19/04, 5:03 pm
Terry A. Nelson Nelson & Lawless

Re: California Labor Law Overtime Computer Industry

If you are not exempted under the hourly rate rule or the administrative exception rule, you may be able to bring your OT wage claim. You can contact me to discuss the facts and issues in doing so.

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Answered on 1/19/04, 6:24 pm


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