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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118649
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My company provides IT support services in California. Is

Customer Question

My company provides IT support services in California. Is our computer professionals/technicians over time exempt in California if they are on salary?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Whether or not an employee will be exempt (if they fit under the exempt guidelines) or hourly is up to the employer. One of the CA and Federal guidelines for exempt employees is IT computer professionals, so there is a category where IT professionals MAY be made salary/exempt employees. If an employee is salary/exempt, then they are not entitled to any overtime by law. Some employers offer salary employees some type of additional pay for working over a certain number of hours in a week, but legally no such offer must be made and a salary employee gets only their salary regardless of how many hours they have to work.
Customer: replied 1 year ago.
I want to confirm that a California employee that works in the IT industry IS salary exempt from overtime if the employer decides to put them on salary?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is correct, in CA, if the employer puts them on salary as an IT worker, they are exempt from overtime.