Legal Question in Employment Law in California
exempt vs non-exempt in the computer industry
I am a full time computer programmer and have been told by my company that I am now classified as a non-exempt employee because of the Industrial Welfare Commission Order 4-2001. I am currently paid $70k in salary plus bonus (24 pay checks regardless of hours worked). I pass all the tests to be exempt except if my salary is calculated hourly. Am I exempt because I am paid a salary and not on an hourly?
1 Answer from Attorneys
Re: exempt vs non-exempt in the computer industry
The payment of a salary is not the basis for the exemption for employees in your industry. The provisions covering your employment are to lengthy to repeat here.
I would suggest that you look at order 4 on the DIR website at www.dir.ca.gov. Click on IWC when you reach the website and then click on order 4. When you reach the order 4 website, page down to subsection (h) of section 1.
Based upon the general information you have provided you may not meet the exemption requirements.
If you believe you are not exempt you may wish to file a claim with the state labor commissioner. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
