Legal Question in Employment Law in California

Re: Computer Work and Exempt Status

Unfortunately, your story is all too familiar. Many companies try to waive the magic wand and proclaim an employee "exempt." We have been successful many times in obtaining overtime and other benefits for those people misclassified as "mangers" when, in fact, they are not. I will be in the office tomorrow (saturday) if you want to discuss this further. If you want to talk about this, why don't you send me an email, and let me know when a good time to call would be.

Re: Computer Work and Exempt Status

It is the employers burden to establish that you are an exempt employee; the presumption is that all employees are entitled to overtime unless exempt. Based upon your description, it sounds as if you are a non-exempt employee and should be paid for overtime. You should promptly contact an employee rights attorney in your area and discuss your actual job duties.

Re: Computer Work and Exempt Status

California law is very specific regarding exepmt status for computer professionals. It is reserved for high level individuals primarily engaged in work that is intellectual or creative; that requires the exercise of discretion and independent judgment; performing duties that consist of one or more of the following: 1)Applying systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications; 2) Designing, developing, documenting, analyzing, creating, testing, or modifying computer systems or programs, including prototypes, based on and related to user or system design specifications; or 3) Documenting, testing, creating, or modifying computer programs related to the design of software or hardware for computer operating systems. The individual must also be highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering; and must paid at least a minimum hourly rate (set by the state) which is currently $47.81 per hour (equiv for 40 hours).

Otherwise, you must meet one of the other standards of a executive or administrative exemption as the professional exemption will not apply. To qualify for these exemptions, you must perform more than one half of your duties in exempt duties such as managing other employees or other management level work.

If you don;t qualify under these catagories, you may want to discuss it with an expierenced labor attorny.

If you would like to discuss this in more detail, feel free to call or email me directly.

TP