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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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I am a computer field support technician, I travel between

Customer Question

I am a computer field support technician, I travel between company owned sites and I am classified as an exempt employee and have never been paid for any overtime. I supervise no one. Is this legal?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 3 years ago.
Hello and thank you for entrusting me to assist you. My name is Patrick and I will do everything I can to answer your question.

If you are properly classified as "exempt," then by definition you are not entitled to overtime no matter how many hours you work.

CA and federal law do recognize an exemption from overtime for certain computer professionals. However, in order to be properly classified as exempt pursuant to the computer software exemption, the employee must primarily apply systems analysis or design, develop, document, analyze, create, test or modify computer systems or programs. The employee must also earn no less than $39.90 per hour or be paid on a salary basis of not less than $83,132.93/year for full-time work, where the employee is paid at least once per month in an amount not less than $6,250.

See here for a "fact sheet" from the federal Department of Labor for more information. http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.htm Note that the minimum hourly and salary requirements stated on the fact sheet are lower than what I referenced above because they are the federal minimum--California law goes above and beyond those amounts

Although you are not entitled to overtime if you are properly classified as exempt, you still ARE entitled to reimbursement for all expenses you incur in the necessary course and scope of your employment pursuant to Labor Code 2802. This means you are entitled to gas and mileage reimubrsement if you are traveling between job sites while on the clock in your personal vehicle. (Note that initial commutes to work are not considered "expenses" incurred in the course and scope of employment and so are not reimburseable.)

If you believe you are owed overtime or are not being properly reimbursed for your expenses, you would be wise to voice your concerns with your employer in writing. If that doesn't prompt the necessary changes, you can file a wage claim with the Department of Labor Standards Enforecement. Your employer will be legally prohibited from retaliating against you, and any adverse employment action which you can link to the filing of your complaint with give rise to an entirely separate legal claim for damages.

To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Expert:  Patrick, Esq. replied 3 years ago.
I just wanted to check in with you since this question is still open. Can I provide any clarifciation with regard to the above? If so, please let me know and it will be my pleasure to assist you further.

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