California Overtime pay for Computer Professionals
If you are a computer programmer or software developer in California, you may be under the mistaken assumption that you are unable to collect overtime. The good news is, you may be entitled to overtime pay if you are salaried and work in the computer software industry. Both federal and state law require overtime pay for computer professionals who work over forty hours a week and are not considered exempt. In California, if you are determined to be non exempt you are entitled to daily overtime when working over 8 hours, at time and one half. Additionally, you are entitled to double time when working over 12 hours.
It is not unusual for computer programmers and software developers to work extremely long hours, often up to 60-70 hour a week. Companies often deny the payment of overtime under the mistaken assumption that these employees are considered exempt from overtime.
Whether or not you are able to receive overtime pay is, in part, determined by California Labor Code Section 515.5. This code section defines narrow standards where a computer software professional would be exempt from receiving overtime. If you do not fall within these standards, or another exemption does not apply, then you are in fact entitled to receive overtime. To review the section in its entirety, refer to California Labor Code Section 515.5.
The computer-related exemption contained in this section sets forth various requirements for the exemption to apply. Generally these requirements include:
- The job title must be very specific, as set forth in the code section. Titles include computer systems analyst, computer programmer, application systems analyst, etc.
- Employee is primarily engaged in creative or intellectual work that requires discretion and independent judgment.
- Employee is highly skilled and proficient in theoretical and practical application of specialized information.
- Must be paid at least $37.94 per hour, and not less than $6,587.50 per month.
- Primarily engaged in duties that involve application of system analysis techniques and procedures, design, documentation, or creation of computer systems or programs, software, or hardware for operating systems.
The employer has the burden to prove that you fall into this, or possibly another overtime exemption category. Other exemptions include: executive, learned professional, creative professional, outside sales, highly compensated jobs and physicians & surgeons. All these exemptions however, are fairly specific and narrow. California employers often misinterpret these exemptions to their benefit. The savvy employer will alter job descriptions or pay levels to avoid paying overtime. Unfortunately, employers have had a lot of leeway to interpret these exemptions as they see fit. However, recent California class action lawsuits have been brought by employees on this issue and have prevailed.
How do you prevent from being short changed if you think you should be paid overtime? The key here is for employees to know their rights. Stay current on employment law standards as they apply to you and contact a California labor law attorney. Have an attorney review your specific set of circumstances. You may find that you are eligible for overtime and are even entitled to back pay (up to 4 years in California) for previous overtime earned.
If you are one of the over 200,000 computer software professionals in California, your employer may be short changing you when it comes to overtime pay. Employers and employees generally assume that salaried professionals are exempt from receiving overtime pay, but this is far from true. Computer programmers and software developers are generally entitled to overtime pay unless they fall within one of the California exemptions which allow employers to not pay overtime.
