Notwithstanding the new legislation enacted in September 2008, it is likely that the majority of IT and computer employees are entitled to overtime pay. 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.
Starting in 2008, California amended the minimum hourly requirement for the wage component of the computer software exemption to $36 per hour. This means in 2008 you must be paid a minimum of $36 for each hour worked. For previous years, you may find the hourly pay requirements outlined in the chart below. If your Employer did not compensate you in accordance with the hourly rates listed below or the salary equivalent, you may be entitled to overtime pay.
This chart has been made available to assist you in determining whether or not you may fall under the Computer Software Exemption. For information about the September 2008 modification of the Computer Professional Exemption and application of new legislation, see the paragraph following this Salary Chart for a detailed explanation.
Salary Required for Hours in Work Week: |
Year |
Hourly |
@ 40 hours |
@ 50 hours |
@ 60 hours |
@ 70 hours |
@ 80 hours |
2010 |
$37.94
|
$79,050 |
$79,050 |
$79,050 |
$79,050 |
$79,050 |
2009 |
$37.94
|
$79,050 |
$79,050 |
$79,050 |
$79,050 |
$79,050 |
Sept 2008 |
$36.00 |
$75,000 |
$75,000 |
$75,000 |
$75,000 |
$75,000 |
2008 |
$36.00 |
$74,880 |
$93,600 |
$112,320 |
$131,040 |
$149,760 |
2007 |
$49.77 |
$103,522 |
$129,402 |
$155,282 |
$181,163 |
$207,044 |
2006 |
$47.81 |
$99,445 |
$124,306 |
$149,168 |
$174,029 |
$198,890 |
2005 |
$45.84 |
$95,348 |
$119,184 |
$143,021 |
$166,858 |
$190,694 |
2004 |
$44.63 |
$92,830 |
$116,038 |
$139,245 |
$162,453 |
$186,661 |
2003 |
$43.58 |
$90,646 |
$113,308 |
$135,970 |
$158,631 |
$181,239 |
2002 |
$42.64 |
$88,691 |
$110,864 |
$133,037 |
$155,210 |
$177,382 |
In September of 2008, the California Legislature modified the Computer Professional Exemption. This modification allows a fixed salary of $75,000 per year to be paid regardless of the hours that are worked. Therefore, as long as this $75,000 salary amount is paid, and the other requirements of the Computer Professional Exemption are met, there is no right to overtime pay. For many Computer Programmers and IT Professionals making more than $75,000 per year, this eliminates overtime. However, it is important to realize that this ONLY eliminates overtime for work performed after September 30, 2008, so you may still be entitled to overtime for past work and under California labor law, you may collect back wages for up to 4 years. It is wise to seek the advice of California labor law attorneys who will review your potential claim. Additionally, many Computer Programmers and IT Professionals may actually be misclassified as exempt from overtime when viewing compliance with California Labor Code 515.5 and the requirements for job tasks permitting exemption classification by the Employer. Seek the advice of a qualified California labor law attorney if you feel your current or past employers may have underpaid you.
As discussed above, compensation is only one part of the analysis to determine if you may be entitled to overtime as a computer or IT professional. If you would like to review the text law from the California Labor Code for the Computer Software Exemption, click here.
If you are uncertain if you have been classified correctly, or you require more information to determine if you may be entitled to back overtime pay, contact
our California labor law attorneys to discuss your potential claim.
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