California Overtime Pay and the Ever Changing IT and Computer Industry

With the significant increase in competition in the computer and IT industries, computer companies are finding every way possible to cut payroll costs. While shipping jobs offshore and bringing in H1B workers  is an option for employers to reduce payroll costs, unfortunately many have also resorted to misclassification of employees denying them their lawful overtime pay.

It is well know that these large computer companies not only have in house attorneys advising them on proper classification of employees (as exempt-not entitled to overtime pay or non-exempt and entitled to overtime pay), but also the best outside labor legal counsel. Nevertheless, many of these large computer corporations misclassify computer and IT personnel and work them long hours with no overtime pay. In fact, some of these companies have been sued for millions of dollars in California class actions in the past, yet continue this same practice of misclassification.

As computer and IT employees in California becomes savvier and the economy worsens, these employees seek security for their families, many are seeking the advice of California class action attorneys.

The California labor code provides that all employees are entitled to overtime pay unless such employee falls under an exemption or a particular wage order. Furthermore, the burden of proving an employee is exempt and not entitled to overtime pay falls on the shoulders of the employer. Even better, the burden of time keeping is on the employer as well. Therefore, in the event the employer failed to keep time records, the courts will rely on the reasonable testimony of the employee.

Helpful Hints:

1. If you are an computer or IT employee and are working long hours with no overtime pay, you may wish to seek advice from a California labor law attorney.

2. You should assemble one pay stub or W-2, a job description and any performance evaluations you may have. These items will enable the attorney to assess your case.

3. If your case is accepted as a California class action case, and the attorney settles or wins your case, you may not only be entitled to the settlement as a class member but also an incentive award for bringing the case as approved by the court.