Legal Question in Employment Law in California

Overtime Pay

I am not even sure if my position even qualified me to be exempt. My title was Programmer Analyst, I was part of a IT team that maintained the companies network servers on a hardware and software level located around the globe.

I was working 20-30 hours of overtime per pay period. I was laid off in March 2001, I was talking with a friend that was working for another company doing the same type of work that I was doing and he had mentioned that there was a new labor law in the state of california stating that in order to be a exempt employee you have to either be a manager/director or making a salary of $85,000.00 or more per year. Everyone at his company had to be switched to hourly because they were not a manager/or director nor did they make $85,000.00 or more because filed a claim againest them.

I did not make more then $85,000.00 per year nor was I a manger or director. Is this law true? Does my position quailify me for exemption? Or am i entitled for all the overtime that i worked? if so can someone refer me to an attorney in the orange county area, CA?


Asked on 4/05/02, 11:02 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Overtime Pay

Yes, there was a law passed that spelled out specific criteria that must be met for an employer to claim the software employee to be exempt from overtime premiums. It appears as though you are not exempt but there are many details written into the law that must be examined before an opinion can be made.

My office is located in Santa Ana, across the street from the Labor Commissioner's office. If you wish to schedule an appointment to discuss your case further, feel free to call me at (714) 973-8090.

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Answered on 4/17/02, 12:09 pm


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