If you can take a few minutes of your time, you will learn what may prove to be invaluable career information in regard to California overtime pay in the IT and computer fields that a labor attorney knows, but do you?



California Overtime Laws aims at protecting the civil rights of computer programmers with certain guidelines for overtime pay. There are California Overtime Laws Overtime regulations that come out each year with a new federal overtime pay lawestablished in 2004. Employers often tend to misclassify employees either mistakenly or intentionally to sidestep paying overtime wages.

Mystery 1 Solved: What if I work overtime without reporting it?

Under California Overtime Laws, the Department of Industrial relations states for the employer of California to pay overtime whether it is authorized or unauthorized overtime hours as reinstated by the California employee benefits (governed by California Overtime Laws). Attorneys in California often make winning settlements for overtime pay due to these heavily weighted laws in favor of the employee.

Mystery 2 Solved: I make the equivalent of $30.00 per hour and am told I am salaried exempt. Is it possible I qualify for overtime pay?

Under California Overtime regulations, AB 1093, effective since Jan 1, 2006, amends the Labor code sec 515.5 exemption criteria to either pay the annualized full time salary equivalent or pay equal hourly rate. The hourly rate in 2005 was $45.84 and the hourly rate in 2006 for $47.81 under California Overtime regulations. In regards to overtime, damages for violation of overtime pay include not only the recovery of any wages, but interest and penalties. Attorney’s fees may even be recovered in a private overtime law action to enforce the overtime labor code.

Mystery 3 Solved: Do I work the type of job that my employer is required to pay overtime?

Under the Overtime Law in California, the employee is exempt from the requirement of overtime rate of compensation if they are primarily engaged in more than 50 percent of the actual work. However, an employee exercising discretion and independent judgment is also exempt from the requirement of overtime rate of compensation. An employee engaged in application of systems, analysis techniques and procedures which include of consulting with users or determining hardware, software or system functional application are exempt from overtime pay.

In regards to the Overtime Law in California, employees involved in documentation, testing, modification or creation of computer programs related to the design of hardware or software computer operating systems are also exempt from overtime pay. Lastly, highly proficient and skilled employees in the theoretical and practical application of specialized information to computer systems, as well as programming and software engineering are exempt from overtime pay by the CA Labor code Section 515.5

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