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I've mentioned this before, but it bears repeating, since few people seem to know it. If you are a software engineer or IT professional working in California,
by jayferd 14y ago
I've mentioned this before, but it bears repeating, since few people seem to know it. If you are a software engineer or IT professional working in California, and are paid less than about 81K a year or $35/hr, you are legally entitled to extra overtime pay. Definitely something to talk to a manager (or a lawyer) about. See http://www.california-labor-law-attorney.com/it-professionals.php http://www.california-labor-law-attorney.com/it-professional... .
- jotux 14y agoFTA: >If you work in the computer industry and do not fall into any of the exemption categories: administrative, professional, executive or the computer software exemption, you may be entitled to overtime pay. Generally non-exempt employees are entitled to overtime and exempt are not. I believe most software/IT professionals hired full time in CA are exempt employees.
- Domenic_S 14y agoSo, it didn't used to be this way (in recent history). IT industry people making less than $75k/yr used to be able to invoke this law. This was iirc in the early 2000s. FWIW, exempt/non-exempt status has everything to do with what you do and not what you were "hired as" or if you're salaried or not (salaried non-exempt is possible).
- jayferd 14y agoI'm pretty sure most "Software Engineer" positions are non-exempt, unless paid above the threshold. I'm not a lawyer, though, so here's the list of exemptions in the law itself (CA Labor Code s. 515.5(b)) (b) The exemption provided in subdivision (a) does not apply to an employee if any of the following apply: (1) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. (2) The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision. (3) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment. (4) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not engaged in computer systems analysis, programming, or any other similarly skilled computer-related occupation. (5) The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for onscreen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-ROMs. (6) The employee is engaged in any of the activities set forth in subdivision (a) for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry.