Legal Question in Employment Law in California
Pay standards and exempt salaried employees
My husband works in the computer software field. In the past 4 months, he--name removed--put in over 90 hours overtime on projects unrelated to his normal job.
Being concerned that he was not being compensated in any way for this over time - I contacting the CA state labor commission. They said something about computer software employees needing to make (salaried) $79k + to be classified as exempt. My husband makes nearly $20k less than that and is classified as an exempt salaried employee.
Does this mean my husband is owed over time or a change in salary?
When he asked his human resources department at work regarding this, they just said they'd look into it. Haven't heard anything since.
4 Answers from Attorneys
Re: Pay standards and exempt salaried employees
If there are a large number of similarly affected individuals in your husband's position at this employer, you may benefit from seeking the counsel and evaluation of a Class Action lawyer.
Re: Pay standards and exempt salaried employees
He could be exempt under another classification other than the "Computer Exemption" dependent on what duties he was performing. While he may not qualify based on his salary for that exemption, we would need to know the duties he was performing in order to determine if he would be entitled to overtime. I would be happy to speak with you about your alternatives for making this determination.
Re: Pay standards and exempt salaried employees
Nor is it likely you will hear from them. If you want a definitive answer, you contact the Labor Commissioner. If they agree he is due money, feel free to contact me to discuss his rights, remedies and the actions necessary to recover his claim. If he files and wins, he would be entitled to the money owed, interest, penalties, and attorney fees. If other employees with the same problem join him in taking action, it will help the case.
Re: Pay standards and exempt salaried employees
You are entitled to overtime. You may sue for back overtime pay. Contact me directly.
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