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Travel Time for exempt employee, California

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  • Pattymd
    replied
    I thought there was some question.

    Oh, well, good morning, Scott.

    Leave a comment:


  • ScottB
    replied
    I think you are missing the point, Patty. I don't think the OP feels the exemption is incorrect. He/she is trying to find a way around how the company tracks hours. Note the extract from the DLSE enforcement manual stating that computer professionals are exempt only for the overtime exemption, but keep the other protections of the exemption.

    I have no idea what those other protections might be, but let's say that a call to DLSE shows that the exempt software engineer cannot be required to work more than 72 hours in a work week. Following on that, assume that the employee had 40 hours of travel in each work week of the bi-weekly pay period. The company could only require that the other work time come to 32 hours each work week, for a total of 64 hours in the pay period, rather than the 80 it usually demands.
    Last edited by ScottB; 05-09-2008, 01:22 AM.

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  • Pattymd
    replied
    Sounds exempt to me.

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  • RoxyFranco
    replied
    This job description fits well: application of analysis techniques to determine a software design and to implement software to exploit the findings of the analysis. Documentation of the findings and of the software implementation. Highly skilled and proficient in the theoretical and practical application of highly specialized information to systems analysis, programming, and software engineering. Reporting of analysis and algorithm designs. Paid a salary, but required to have a minumum of 80 hours in a two week period (sort of, I still don't understand the company policy on this part, but at least it has been my understanding). Per hour rate is greater than 2007 limit. Classified as exempt. Interaction with a techical supervisor about once every two weeks on average. A BS degree and no professional certifications.

    Leave a comment:


  • Pattymd
    replied
    The Professional exemption would not be one you should be looking at anyway. It refers to "Creative" professionals, such as artists and designers and "Learned" professionals, such as doctors and lawyers. You should be looking at either the Administrative or the Computer Professional exemption.

    And I still don't know what a "software engineer 4" does. If I did, I might be able to render an opinion.

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  • cyjeff
    replied
    It is perfectly legal to state that you must have, say, 80 billable hours per pay period to avoid disciplinary action.

    You are usually measured on a productive and utilized time scale as a consultant.

    Usually, travel hours are not billable or billable at full rate.

    Leave a comment:


  • RoxyFranco
    replied
    Thank you for linking the Order. I am still reading through it, however I do have a question about something which may be an error. In section 1.(A).(3), It says, " (3) Professional Exemption. A person employed in a professional capacity means any employee who meets all of the following requirements:." And then it goes on to list (a) through (i). The issue is that the last word on page 1 is "or", which makes me wonder if "all" is correct or if "(a) or (b), and all of the rest" would be correct. Or maybe it is (a) or all of the rest? Thank you.

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  • Pattymd
    replied
    We have no idea what a "software engineer 4" does, in detail, so there's no way we would know if the primary duties of that job qualify you as exempt or not.
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf

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  • RoxyFranco
    replied
    Software field?

    ScottB or anyone else,

    Would your opinion change on the travel policy, as stated above, if for billing purposes my employer classifies me as a software engineer 4?

    I found this footnote in the The 2002 Update Of The DLSE Enforcement Policies and Interpretations Manual (Revised) that I found linked to a related question,

    The IWC Orders simply state that “employees in the computer software field...shall be exempt” if they meet the listed criteria. The provisions of Labor Code § 515.5 only exempt these employees from the overtime requirements if they meet that same criteria. It is the position of the DLSE, therefore, that the computer software exemption is limited only to the overtime exemption; but that they remain covered by the other protections in the Orders.

    Thank you so much.

    Leave a comment:


  • RoxyFranco
    replied
    Thank you

    Thank you for the rapid response. I will read in the company policy further to understand what would occur if I recorded less than 80 hours in two weeks. I may pose a question on the exemption question later this week in another thread.
    Last edited by RoxyFranco; 05-05-2008, 06:39 AM. Reason: typo

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  • ScottB
    replied
    Assuming you are legitimately exempt, the company is not required to track your hours. Whatever it wants to do in that regard is legal but not legally required. The company wants 80 hours bi-weekly excluding travel outside the normal work day, it can do that. It could just as easily change the requirement to 120 hours bi-weekly, including travel time.

    There would be a problem if you did not make the company's goal of 80 hours (without travel) and had your pay reduced as a result.

    Leave a comment:


  • RoxyFranco
    started a topic Travel Time for exempt employee, California

    Travel Time for exempt employee, California

    I am an exempt employee and I travel for work. My employer excludes travel time as part of my work time if the travel does not occur during my standard work day (8-12 and 1-5). My employer requires 80 hours recorded every two weeks for a full paycheck (which is odd to me since I am exempt, but that is not my question). This travel is from my home city to another city (sometimes out of state), for purposes of performing a responsibility of my job. Part of the policy states that it is an excluded activity even though the travel is required by management as part of my responsibilities. Is this policy legal in California? Thank you for your help.
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