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COMPUTER SOFTWARE/SYSTEMS ADMINISTRATOR
This page provides general information on the exemption from overtime pay for employees in the computer field
California law requires that most employees in California be paid at least minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 8 hours in a day or 40 hours in a workweek.
However, Labor Code Section 515.5 provides an exemption from overtime pay for computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties. Exempt = no overtime
In order to be exempt from overtime you must satisfy all of the following (duties and salary):
DUTIES
- You must be primarily engaged in creative or intellectual work in which you must regularly exercise discretion and independent judgment.
- You must be "highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering."
- Your primary duties must include:
- The application of systems analysis techniques and procedures including consulting with users to determine hardware software or system functional specifications.
- The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to, user or system design specifications.
- The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
SALARY
| Work After 9/1/08 |
For work after September 2008 you can be paid an hourly rate of $36.00 for every hour worked or you can be paid a fixed salary of $75,000 per year no matter how many hours are worked.
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| Work After 1/1/06 |
For work after 2006, the employee can be paid a salary, but the hourly wage must be at least the following: 2008 à$36.00; 2007 à $49.77; 2006 à$47.81 (To get the hourly wage- divide the yearly salary by 52 and then divide this number by the number of hours worked in the work week) If the employer fails to pay at least these amounts for every hour worked then the employee is entitled to the overtime premium of 1.5 times the normal rate.
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| Work Prior to 1/1/06 |
In order to be exempt you are required to be paid on an hourly basis. If you are paid a salary, you are entitled to overtime. The hourly rate in effect in 2005 was $45.84; and in 2004 was $44.63
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DID YOU KNOW:
- Computer professionals who primarily manufacture, repair, or maintain computer hardware are generally entitled to overtime.
- This exemption is inapplicable to many different types of computer employees, such as trainees, entry-level positions, or people who repair or maintain computer hardware
- Executive computer professionals are often those who supervise a particular type of employee such as programmers and do high level programming work.
- Administrative computer professionals often do work that directly relates to management policies or general business operations and exercise discretion and independent judgment on important matters.
If you are in the computer industry and were not doing the appropriate duties or not getting paid the appropriate wages let us help you recover the wages and benefits you are owed.
Let us help you recover the wages and benefits you are owed.
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