California Computer Workers Treated Unfairly
My employer converted half of us from salaried to hourly. We are fairly well paid computer workers. The employer has begun docking us if we are even 10 seconds late, docking us if we leave a minute early, making us use sick leave for dental appointments we used to go to during lunch, etc. However, this same employer does not pay us if we start work early, have to stay late, or if we attend meetings during our (unpaid) lunch hour. There is a lot of pressure to not say anything and just “be glad we have jobs”. We are in California. Is this legal?
Find A Lawyer Are you dealing with discrimination, harassment, retaliation, work injuries, wrongful termination or other problems at work that you know are wrong and need them to stop? Click here to search LegalMatch. Act now to get a consultation with qualified employment law attorney in your area before it's too late to file a claim.
3 Responses to California Computer Workers Treated Unfairly
Leave a Reply
Document all the crazy BS they’re doing. Click here to learn how to get your boss into legal trouble.
They can’t tell you how you’ll spend your lunch hour. They can’t force you to take sick time for your dental appt when your free time on your lunch hour will cover it. Don’t tell them what you’re doing on your lunch hour.
I don’t know what it is about computer workers. Why is that job any different than any other? Why is it singled out? Personally, I think it’s predatory. I worked for a software company and we were all paid salary. Then our little privately owned company was acquired by a Fortune 500 company and our lives were turned upside down for a variety of reasons. Our database administrator was converted from salary to hourly. One pay period, shortly after the conversion, with him not yet being used to the new setup, he forgot to turn his time card in and he didn’t get paid. He eventually got paid, but when you live from paycheck to paycheck, that’s not so easy to deal with.
It’s legal for them to change you from salaried to hourly, and to dock you for time you are late, leave early, or leave for appointments. But they are legally required to pay you for hours you work.
if you are hourly……………………
when you are on the clock you are to be paid, however……..
California does allow for a tardiness "penalty"……….
if you are more then a half hour late you are not paid for however long you are late but if you are late less then a half hour you can be penalized for a full 30 minutes.
see: California Labor Code 2928
your employer has the power and right to discipline you for poor performance for failing to complete your work within an assigned time frame…………
but they still must pay you for that added time.
if you clock in early or stay late and you are an hourly employee then you must be paid for those hours.
as a computer technician you may be exempt from any overtime as hourly or salary if you met all the criteria as set forth by the department of labor.
this link will explain the exemption:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.pdf
"Computer Employee Exemption
To qualify for the computer employee exemption, the following tests must be met:
• The employee must be compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour;
• The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;
• The employee’s primary duty must consist of:
1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
4) A combination of the aforementioned duties, the performance of which requires the same level of skills."
the use of sick time is a policy decision and not regulated by law
breaks can only be unpaid if no work takes place and the break must be at least 30 minutes. California strictly regulates breaks and rest periods and provides for punitive penalties if the employer fails to follow the laws.
California law on meal breaks:
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
California law on rest periods:
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
if you are in a "salary exempt" position then many of these laws are different.
contact the California Industrial Welfare Commission for more help at: IWC@dir.ca.gov