Legal Question in Employment Law in California
Unpaid overtime for California Computer Professional
In the 4th qtr of 2002 I worked 150hrs of overtime. I am a software developer and was salaried. Now from what I understand of California Law my employer does not need to pay me for this, but one exception I did find was the ''in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision''. During this time I had to give status updates at least 2-3 times a day (almost all were verbal so no documentation there). I also had desktop monitoring software installed on my computer that took a snapshot of my what was on my monitor every 5 minutes. So would that qualify me as closely supervised, and therefor non-exempt and due overtime pay?
2 Answers from Attorneys
Re: Unpaid overtime for California Computer Professional
Were you an exempt employee or non exempt. Being salaried not necessarily matter. Many questions need to be asked and answered to determine this. Need to discuss with counsel. Don Holben 800-685-6950
Re: Unpaid overtime for California Computer Professional
The computer professional exemption requires (1) Work that is primarily intellectual or creative; (2) Work that requires exercise of discretion and independent judgement; (3) primarily involved in upper-level systems analysis, designing, analyzing, creating, testing or modifying systems, documenting, testing, creating or modifying software (4) skills and proficiency in theoretical and practical application of highly specialized information to computer systems analysis, programing and software engineering, AND, paid at least $43.58 per hour (adjusted annually). If you don't meet all of these requirements you may have a claim for overtime. Contact me if you have further questions regarding your wage and hour rights.
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.
