7 ms·
California law makes it a lot harder to exempt programmers via this route - roughly speaking if you're a salaried programmer in CA making less than $85k a year
by jboggan 12y ago
California law makes it a lot harder to exempt programmers via this route - roughly speaking if you're a salaried programmer in CA making less than $85k a year you are actually NOT exempt from overtime. I know of a lot of startups that run afoul of this but thankfully for them their employees are unaware.
Edit - IANAL of course, but all research I've been able to find on the subject indicates this is likely true. The statute of limitations is 4 years I think, so there's a lot of back-pay that can accumulate in this sort of situation. Keep in mind that in CA overtime is defined as 1.5x for hours that exceed 40 in a week or 8 in a day, and 2x for hours that exceed 12 in day. Even if you only work 40 hours a week if you occasionally pull a long day or all-nighter you are supposed to be receiving overtime.
- rahimnathwani 12y agoSomeone should make a tool to calculate working hours from a git commit history and/or bash history.
- jboggan 12y agoWell, we do a lot of work outside of what our commits show, but that sort of thing would be useful to at least form an estimate. But if you are in the position of the employee claiming that you worked say 50 hours a week for two years, it is the company's responsibility to have your hours accounted for over that whole period. Practically they cannot produce that kind of information and your assertion will probably stand.
- groovylick 12y agoThe amount of time it takes to complete work for a commit is highly variable. I've had commits take a few minutes up to a day's worth of work when debugging something complex. A simple mean time per commit seems like a poor metric.
- jpatokal 12y agoSure, but you're obviously working at the point you commit. For example, if my first commit of a day is at 9:15 AM and the last one is at 7 PM, odds are pretty high I've exceeded the 'allowed' 9-to-5 hours.