Legal Question in Employment Law in California
Miss Classified as exempt employee under FLSA.
I was an exempt employee noe classified as an hourly employee. My main issue is to determine if I originally was to be an hourly employee all along. I am a computer administrator that makes about $21.00 an hour. Is there a reference I can go to, to determine under the old FLSA law that my position was classifed correctly. Is it unlawful for my company to try and change my job title and job description to keep me exempt under the new FLSA law? Also can an employee still working for there company file a suit for backpay? Any help or site links would be appreciated. Thanks!
2 Answers from Attorneys
Re: Miss Classified as exempt employee under FLSA.
If you are a California Employee, the FLSA exemptions and new changes thereto are not determinative of your status as exempt or non-exempt as California law trumps the FLSA in this area. Exemption questions can be difficult to answer as they turn on a number of issues. Yes, you may seek damages from your employer if they mis-classified you and the time period for your damages may be up to four years from the date your file your complaint. Our office is currently handling several computer administrator/technician/analyst cases. I would be happy to talk with you about your status and potential action. Please contact me at
(800) 447-5549
www.righettilaw.com
Re: Miss Classified as exempt employee under FLSA.
California has specific guidelines for computer professionals.
To be exempt, you must earn atleast $44.63, and perform advanced computer work, that is intellectual and creative involving the exercise of discretion and independent judgment including: Applying systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications; 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 documenting, testing, creating, or modifying computer programs related to the design of software or hardware for computer operating systems. In addition, the individual must be highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.
The fedral law (FLSA) has a much lower hourly rate requirement ($27.63), and would not be helpful to you.
Our firm has collected substantial sums on behalf of computer professionals who have been misclassified. Feel free to call me for a more detailed analysis of your claims at 800-522-6728
TP
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