Shocking Secrets Even A California Labor Attorney Does Not Know

Shocking Secrets Even A California Labor Attorney Does Not Know About It And Computer Overtime

Yes it is true. Many California labor attorneys do not even know the rules for overtime when it comes to IT and Computer Professionals.
If you can spare 2 minutes, you may find out you are entitled to overtime and thousands of dollars in pay from your current or past employers.
For many years, IT professionals in California worked overtime without getting overtime pay. Under California Overtime Laws, for IT professionals it also depends whether the employee falls in the category of exempt or non-exempt status.
Secret 1: The recommendations for the IT employees would be to first check, whether they have written job descriptions which specify exempt/ non-exempt status. It is very wise to have written time records if you are a non-exempt status employee, as per California Overtime Laws. According to California Labor Law Overtime regulations, you are eligible for overtime pay.
Secret 2: The little known California Overtime Laws that entitles IT and Computer Professionals to overtime is Labor Code 515.5. The law can exempt jobs that fall under titles such as systems analyst, computer systems analyst, computer programmer, applications programmer, applications systems analyst/programmer/software engineer, systems engineer and systems specialist. The above mentioned are some of the IT designations that require working in the Information Technology department under Overtime Law in California.
Secret 3: Just because your employer tells you that you are not entitled to overtime, does not mean it is true. Most exemptions require that for an employee to be exempt, he/she must normally exercise discretion and independent judgment in the work. This means the employee has to evaluate probable alternatives and select or even recommend a course of action. The choice has to be made free from the immediate supervision and in regard to vital matters of a business. In California, if employees are non-exempt under Overtime Law in California, but exempt under federal standards, they are non-exempt and certainly entitled to overtime pay with California overtime regulations.
Under Overtime Law in California, if an employee is not salaried, he/she is non-exempt and must receive overtime pay. A salary means the employee gets paid the same amount each pay period despite lack of work or poor work, disciplinary problems or attendance. If an employer deducts from an employees salary for the quantity or quality of work performed, the employee is not salaried and not exempt.
The IT employees exemption is not applicable to several different types of computer employees, such as entry-level positions, trainees or individuals who maintain or repair computer hardware. Like all other exemptions, the employer cant rely on trumped up or untrue job descriptions to avoid liability. Until 2000, there were no exemptions for IT employees (especially under California overtime requirements). Thus, such employees are still entitled to overtime pay. IT employees can recover wages that go back 3-4 years from the filed date and the claims for IT Employee for overtime, can be enormous due to the high salaries.
IT employees who are paid at least $47.81/ hour in 2006 for all hours worked are exempt from overtime pay. Even for employees who are paid the correct salary, they must be paid the correct hourly under labor code 515.5 for all hours worked. IT employees engage in application of systems analysis techniques and procedures or engaged in design, documentation, development, creation, analysis, testing or the modification of computer systems or just a combination of duties are exempt from overtime pay.
If you are a California employee and believe you are owed Overtime or your employer has violated your rights, take action now and talk to an Experienced California Labor Attorney.
By: Lars Sheckton

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