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Let me know which county in CA are you working, earning and living. If you do not know the county, tell me which city you live in. another question.. are you on a work visa? I ask this as the work visa type might help judge the situation.

Move to France.

MarkVittaker said:   Let me know which county in CA are you working, earning and living. If you do not know the county, tell me which city you live in. another question.. are you on a work visa? I ask this as the work visa type might help judge the situation.
  Wut?

How would someone's immigration status affect the applicability of the labor code and exempt categories thereto?

Crazytree said:   
MarkVittaker said:   Let me know which county in CA are you working, earning and living. If you do not know the county, tell me which city you live in. another question.. are you on a work visa? I ask this as the work visa type might help judge the situation.
  Wut?

How would someone's immigration status affect the applicability of the labor code and exempt categories thereto?

  It Does..

T800 said:   If you are salaried you are SOL. If you are hourly then your employer is breaking the law.
  
That is NOT correct in CA for I.T. folks if you make less than $81,132.

Link to CA D.I.R. 

The pay amount is adjusted annually:  See here.  

FYI in there are 2 kinds of Salaried Employees ... Full Time Exempt and Full Time NON-Exempt. Exempt means No Overtime. Sounds like OP is Exempt.   Most 'programmers' (He's in IT so not sure) are classed as FTE.

rsrvoir said:   Sorry but a 6 figure, salaried IT worker is just going to have to eat extra hours sometimes. I would advise waiting for the obvious storm to pass and then ask for a few days courtesy PTO, understanding they are under no obligation to provide it. Likewise though, you are under no obligation to keep working there...
  It is important to understand labor laws are often state specific. OP, there was a significant case in California in the not too distant past involving classification of IT workers. The courts made it a lot harder for employees to classify IT workers as exempt. I'd suggest looking up the case law to understand your rights. Many other people here have suggested contact a state agency to discuss your situation. That is not a bad idea but I'd be careful before identifying your employer as you could bring on a whole lot of hurt on your employer if the state agency decides to look into your employer. You probably don't want to go this route unless you have no other good options as there would likely be repercussions.

MarkVittaker said:   
Crazytree said:   
MarkVittaker said:   Let me know which county in CA are you working, earning and living. If you do not know the county, tell me which city you live in. another question.. are you on a work visa? I ask this as the work visa type might help judge the situation.
  Wut?

How would someone's immigration status affect the applicability of the labor code and exempt categories thereto?

  It Does..

  Explain it to me.  Also the part about your County of residence affecting any of this... because that is absolutely insane.

user1337 said:   
T800 said:   If you are salaried you are SOL. If you are hourly then your employer is breaking the law.
  Some companies misclassify employees as exempt when they should be non-exempt.

  
This! Look into whether your classification is correct or not. Ignore all the haters here who tell you that you shouldn't complain just because you're making 6 figures. If you're being screwed then you're being screwed and you should fight back. It doesn't matter if it's by a car salesmen (which the FWF folks usually say you should fight back against) or your employer who pays you 6 figures. Be sure you're actually being screwed though before kicking beehives!

Several of my friends (who already received large salaries) received large windfalls from this lawsuit against Siebel Systems when for years they thought the overtime they did was just a part of being a salaried employee:
http://gbdhlegal.com/cases/lin-v-siebel-systems/

Attorney Tip: Avoid scammers that prey on immigrant workers by feigning legal expertise and making outlandish and baseless legal claims. All they want to do is to take you to a lowlife lawyer who will rob you and split your money with your immigrant "friend."

MarkVittaker said:   Let me know which county in CA are you working, earning and living. If you do not know the county, tell me which city you live in. another question.. are you on a work visa? I ask this as the work visa type might help judge the situation.
  This guy wants to get your information to sell your case to a degenerate lawyer who pays people like him to help fleece his so called countrymen.

george2001 said:   
T800 said:   If you are salaried you are SOL. If you are hourly then your employer is breaking the law.
  
That is NOT correct in CA for I.T. folks if you make less than $81,132.

Link to CA D.I.R.  

The pay amount is adjusted annually:  See here.   
 

  I am a IT developer and supervisor and make less than 81K yet I am officially listed as an "exempt" employee.  Should I really be exempt?

nwill002 said:   
george2001 said:   
T800 said:   If you are salaried you are SOL. If you are hourly then your employer is breaking the law.
  
That is NOT correct in CA for I.T. folks if you make less than $81,132.

Link to CA D.I.R.     

The pay amount is adjusted annually:  See here.      

  I am a IT developer and supervisor and make less than 81K yet I am officially listed as an "exempt" employee.  Should I really be exempt?

  
IANAL.  The linked doc states "if all of the following apply:", "all" being the operative word.  I think that you should not be exempt if you are in the "computer software field".  A chat with a labor lawyer could confirm that.

I was a salaried I.T. employee for many years.  In 2004 there was a big revision to the Federal Labor Standards Act, so the company (with offices and data centers in various states) did a review of all exempt employees.  They also reviewed state laws at the time, and determined that many California "exempt" employess had to be made non-exempt unders Ca. state law.  I.T. folks in other states didn't have to be changed, so I ended up being the only employee in my department that that was made "hourly non-union" to comply with the law (they didn't want to create a new "salaried non-exempt" status).  Too bad I didn't think of suing for back pay, since the Ca. law had already been around for quite a while).

Note that the minumum pay rose to $103521.60 in 2008 then dropped to $75000.00 in 2009 as a result of AB10.

ETA: Depending on how much you make, it might be cheaper for the company to give you a pay raise than to make you non-exempt.

nwill002 said:   
george2001 said:   
T800 said:   If you are salaried you are SOL. If you are hourly then your employer is breaking the law.
  
That is NOT correct in CA for I.T. folks if you make less than $81,132.

Link to CA D.I.R.   

The pay amount is adjusted annually:  See here.    

  I am a IT developer and supervisor and make less than 81K yet I am officially listed as an "exempt" employee.  Should I really be exempt?

  Techincally no. You should be hourly. HOWEVER, expect to not have a job shortly after complaining to labor board.
Don't forget that Contractors are not employees.  And if they class you as a NON IT Supervisor, then you aren't under this law.  

Crazytree said:   
MarkVittaker said:   Let me know which county in CA are you working, earning and living. If you do not know the county, tell me which city you live in. another question.. are you on a work visa? I ask this as the work visa type might help judge the situation.
  This guy wants to get your information to sell your case to a degenerate lawyer who pays people like him to help fleece his so called countrymen.

  This guy is just crazy as his name says. See how many times he has replied quoting this. This guy is going nuts.
How in the world will I ever try to do things like what he says.. Omg... Maybe he has been doing this through many forums.  Hey crazy.. Go troll somewhere.. Please go take your meds... Will you???
Hey crazy 

How much were you working 2 months prior to this? Did you previously post under another name about getting all of your work done in 10% of the time and now you just sit around wondering what to do? That's the bad news about those kinds of jobs is sometimes you're really busy and sometimes you're not.

Crazytree said:   
MarkVittaker said:   
Crazytree said:   
MarkVittaker said:   Let me know which county in CA are you working, earning and living. If you do not know the county, tell me which city you live in. another question.. are you on a work visa? I ask this as the work visa type might help judge the situation.
  Wut?

How would someone's immigration status affect the applicability of the labor code and exempt categories thereto?

  It Does..

  Explain it to me.  Also the part about your County of residence affecting any of this... because that is absolutely insane.

  

nwill002 said:   
george2001 said:   
T800 said:   If you are salaried you are SOL. If you are hourly then your employer is breaking the law.
  
That is NOT correct in CA for I.T. folks if you make less than $81,132.

Link to CA D.I.R.   

The pay amount is adjusted annually:  See here.    

  I am a IT developer and supervisor and make less than 81K yet I am officially listed as an "exempt" employee.  Should I really be exempt?

You're management.  So yes.

California Labor Code Section 1171.5

(a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.

(b) For purposes of enforcing state labor and employment laws, a person's immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person's immigration status except where the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.

(c) The provisions of this section are declaratory of existing law.

(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

I find myself completely agreeing with and greening CrazyTree's posts in this thread (and it's not even the first time). What has this world come to?

Kalifornia labor law is complex and non-intuitive.  OP should consult an experienced lawyer if he wants to pursue.

Example, not necessarily relevant to this situation:  on-going employee class action against a Big 4 accounting firm, for treating staff accountants as exempt.  See:  http://goingconcern.com/post/trial-date-has-been-set-big-wage-an...



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