Q: I AM a computer technician and I work for a company that services the computers of other offices. I usually travel to various locations to do computer repairs and maintenance. I also install and update software and create and maintain computer networks. I usually work at least 10-hour days, six days a week. I receive $3,000 a month and my manager tells me I am exempt from overtime laws. Is this true?
A: No, it is not. Based on your actual job duties, you are not exempt from overtime laws and should, therefore, be paid overtime if you work in excess of 8 hours per day or in excess of 40 hours per week.
The law provides that the following employees in the computer software field are entitled to overtime:
1. The employee is a trainee or an entry-level employee learning to become proficient in the theoretical and practical applications 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 but who is not engaged in computer systems analysis, programming, or any other similarly skilled computer-related occupations;
5. The employee writes materials such as box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the internet or CD-ROMs.
6. The employee is engaged in computer or computer-related work for the purpose of creating imagery for effects used in the movies, television, or theater.
The following computer software field employees are exempt from overtime:
1. The employee is primarily engaged in work that is intellectual or creative and requires the exercise of discretion and independent judgment;
2. The employee is primarily engaged in duties consisting any or all of the following: a) Application of systems analysis techniques and procedures, including consulting with users to determine hardware, software, or system functional specifications; b) 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; or c) The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems;
3. The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, or software engineering;
4. The employee is paid not less than $36 per hour or, if full-time and salaried, the employee’s salary is not less than $6,250 per month.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088. (Advertising Supplement)
( Published on January 31, 2009 in Asian Journal Los Angeles p. C3 )
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