Hacker News new | past | comments | ask | show | jobs | submit login

FTA:

>If you work in the computer industry and do not fall into any of the exemption categories: administrative, professional, executive or the computer software exemption, you may be entitled to overtime pay.

Generally non-exempt employees are entitled to overtime and exempt are not. I believe most software/IT professionals hired full time in CA are exempt employees.




I'm pretty sure most "Software Engineer" positions are non-exempt, unless paid above the threshold. I'm not a lawyer, though, so here's the list of exemptions in the law itself (CA Labor Code s. 515.5(b))

    (b) The exemption provided in subdivision (a) does not apply to an
        employee if any of the following apply:
    (1) The employee is a trainee or employee in an entry-level
        position who is learning to become proficient in the theoretical and
        practical application of highly specialized information to computer
        systems analysis, programming, and software engineering.
    (2) The employee is in a computer-related occupation but has not
        attained the level of skill and expertise necessary to work
        independently and without close supervision.
    (3) The employee is engaged in the operation of computers or in
        the manufacture, repair, or maintenance of computer hardware and
        related equipment.
    (4) The employee is an engineer, drafter, machinist, or other
        professional whose work is highly dependent upon or facilitated by
        the use of computers and computer software programs and who is
        skilled in computer-aided design software, including CAD/CAM, but who
        is not engaged in computer systems analysis, programming, or any
        other similarly skilled computer-related occupation.
    (5) The employee is a writer engaged in writing material,
        including box labels, product descriptions, documentation,
        promotional material, setup and installation instructions, and other
        similar written information, either for print or for onscreen media
        or who writes or provides content material intended to be read by
        customers, subscribers, or visitors to computer-related media such as
        the World Wide Web or CD-ROMs.
    (6) The employee is engaged in any of the activities set forth in
        subdivision (a) for the purpose of creating imagery for effects used
        in the motion picture, television, or theatrical industry.


So, it didn't used to be this way (in recent history). IT industry people making less than $75k/yr used to be able to invoke this law. This was iirc in the early 2000s.

FWIW, exempt/non-exempt status has everything to do with what you do and not what you were "hired as" or if you're salaried or not (salaried non-exempt is possible).




Guidelines | FAQ | Support | API | Security | Lists | Bookmarklet | Legal | Apply to YC | Contact

Search: