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View Full Version : California - salaried, OT hours billed back to customer


pitarobb
03-18-2007, 10:53 PM
My new position as an IT consultant requires quite a bit of unanticipated after-hours evenings and weekends time that I am getting "volunteered" for from my boss. Even though I was hired as a salaried employee, I was under the assumption that I would be getting compensated for this O/T, especially since my time is getting billed back to the customer. It doesn't seem quite fair that my employer is lining their pockets with my time and efforts. When I brought this to their attention they said that I'm not due any overtime pay since I'm salaried. I heard that "Computer Employees" (per California definition), are a little different than other type of positions. Do I have any ground to stand on in getting some back-pay for this. (My 2-weesk notice is already in-play due to other reasons)

thx in advance,
~~pitarobb

Pattymd
03-19-2007, 04:21 AM
I'm not sure exactly what you do as an "IT consultant", but it's very possible that your duties could qualify you as exempt under the Professional or Administrative exemptions as well as under the Computer Professional criteria. The main difference is that under the Computer Professional classification you MAY be paid on a hourly basis; doesn't mean you MUST be. If you meet either of the criteria for exemption, you NEVER have to be paid overtime, irrespective of the fact that the company may bill out your time to clients at an overtime rate; it just doesn't make any legal difference.

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