[tptacek]

If that's true, it's a pretty common error. Most tech companies operate under the (usually valid) assumption that their employees are all salaried and exempt from OT comp. But it's usually to the benefit of all those employees to be classified "hourly", and theres a bunch of innocuous things employers can do to make that happen.

More common than breaking people's status with overtime payments: threatening to dock pay for coming in late or missing days.

[tedunangst]

California, a few years ago, cracked down on this. Entry level programmers are not exempt. I think because they lack responsibility or skill or somesuch. I found this out only when I had to start filling out time sheets. I became exempt again after a raise, apparently there's some salary floor at which point they assume you have to have responsibility because you're paid too much not to.

FWIW, CA appears to exempt outside sales but not inside sales, so probably all groupon salespeople in CA have a case.

[tptacek]

This is shocking to me. Are you sure? Being non-exempt is a big deal. And it cuts both ways: it also means your employer can dock you when you show up late. Are you sure about this? Are junior devs literally punching timecards?

[tedunangst]

Certainly I was literally filling in boxes on physical paper with a physical pen, but there was no giant steam whistle involved. California has revved the laws a few times, and I'm not an employment lawyer, but all I know is I worked two weeks on salary before I was told there'd been a mistake. That was 2004, not long after CA went around to a bunch of businesses and explained that "college degree === exempt professional" was no longer going to be the order of the day. Made me happy, it meant more money. The hours were as flexible as ever.

[bmm6o]

Yes: http://www.paymeovertime.com/overtime-pay.php. The law changed sometime around the end of the .com bubble.

[tptacek]

"This is why every computer and IT employee who is classified as exempt, should speak to a California labor law attorney to review their employment matter."

Gag.

[bmm6o]

> Gag.

I can't tell if you're objecting to the law or the messenger. The site is obviously trying to drum up business, but their advertizing tactics aren't really germane.

[ak217]

I think this is it:

http://www.management-advantage.com/products/overtime-exempt...

1. "Minimum Salary Test" The minimum salary level for exempt white collar employees according to A.B. 60 is "no less than two times the state minimum wage for full time employment." "White collar" exemptions refer to the executive, administrative, learned professional, creative professional, computer employee, and outside sales exemptions specified in the Fair Labor Standards Act (FLSA) as amended effective 8/23/2004. Computing the California minimum salary level for January 2009 we do the following: Current minimum wage = $8.00 per hour X 2,080 hours in a year = $16,640, multiplied by 2 times the minimum wage = $33,280

[tedunangst]

You must already be exempt for that test to apply. It doesn't mean anyone making $16/hr becomes exempt.

[tptacek]

So that seems to boil down to: interns are non-exempt.