California IT and Computer Workers Hire Lawyer to Collect their Overtime

April 18, 2007, 9:30AM.

Los Angeles, CAAn account manager and colleagues for a major internet security company have had enough and have hired United Employees Law Group to fight back. They are seeking their overtime, interest, penalties, attorney fees among other claims to enforce their rights under California overtime law (Case No. 107CV081985).

Overworked, exhausted and underpaid is how many employees feel that contact United Employees Law Group to collect their overtime pay. "Not only are many of our clients exhausted, and mistreated, but their health and home lives suffer at the hands of employers who do not pay overtime," explains United Employees Law Group attorney, Walter Haines.

This routinely fells like a slow death and it was not "what they signed up for" when they took on the job.

"It is all too common, that employers routinely stonewall the employee when approached with wage and various other labor claims. Unfortunately, attorneys, like myself, have to sue to force the employer to pay the wages that the employee is rightfully owed," Attorney Haines noted. "What most IT and Computer professionals do not realize is that even if they are salaried or told they are exempt, most are, in fact, entitled to overtime pay. This means 4 years back from today's date, they may be able to collect their overtime pay, " the attorney added.

For several years, Computer programmers in California worked overtime without getting overtime pay. Under California Overtime Law, for Computer programmers it also depends whether they come under the category of "exempt" or "non-exempt" status.

The recommendations for Computer programmers and IT Professionals 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 Law. According to California Labor Law Overtime regulations, you may be eligible for overtime pay. Lastly, as an employee it is important to make sure if the employer has posted the required IWC order and California Labor Law Overtime pertaining to your work category.

A large number of computer programmers reside and work in California, which makes them potentially eligible under Overtime Law in California. Under California Overtime regulations, computer programmers may not actually know their rights when it comes to overtime pay. Knowing the rights of computer employees, especially relating to overtime, is important because computer programming jobs often require overtime work, responding to technology emergencies and performing computer upgrades during the software company's downtime or even working extra hours in order to complete projects on time.

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 still may be entitled to overtime pay.

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 employee's salary for the quantity or quality of work performed, the employee is not salaried and not exempt.

The computer programmer's 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 can't rely on trumped up or untrue job descriptions to avoid liability. Nevertheless, employees are still entitled to overtime pay. Computer programmers can recover wages that go back up to 4 years from the filed date.

Computer programmers who are paid at least $47.81/ hour in 2006 ($99,445 annually) are exempt from overtime pay (California Overtime). Computer programmers engaged in application of systems analysis techniques and procedures or engaged in documentation, development, design, creation, testing, analysis or the revision of computer systems or just a culmination of duties are exempt from overtime pay.

If you are not certain whether or not you are entitled to overtime, it is easy to find out by contacting a California Overtime Attorney as soon as possible. There are statutes that limit the time you have to make your claim. Overtime and wage and hour law firms generally provide a free consultation and analysis and provide representation on a contingency basis so that there is no cost to you unless the law firm recovers your back wages.

By: Kathleen Armitage