Legal Question in Employment Law in California

Re: Exempt Employee Qualifications Question

Your title generally is not going to determine your exempt status; what is important is what you do and how much time you spend doing it. Your job description may affect your exempt status if the employer argues that you should be doing the work as described, and it is your choice that you are primarily engaged in non-exempt duties. There are many factors in the exempt analysis, including including whether you supervise and direct others, the industry your employer is in, and how much your salary is. A good source for information would be an Employee Rights Attorney or California's Division of Labor Standards Enforcement.

Re: Exempt Employee Qualifications Question

A determination of your exempt status can only be made after careful review of all pertinent facts surrounding your job. However, given your description of "hands on" technical work, it is highly possible that you may be classified improperly and you may be entitled to overtime for your work. Please contact our office to discuss your job duties, your exempt/non-exempt status and the alternative routes that you can take if you have been improperly classified as exempt.

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Re: Exempt Employee Qualifications Question

There are actually special rules that apply to computer professionals. If you are engaged in computer software design and development, and earn at least $41.00 per hour on an annualized basis, then you may be exempt. If you are not doing software design and development, then you are very likely misclassified.

Your employer probably believes that because you are titled a "manager" you are exempt as a "administrative, managerial or executive" employee. This is not determined by your title, but by the duties you perform.

If you have further questions, please feel free to contact our office directly to set up a consultation.