Do Computer Programmers Get Paid Overtime In California?

You may have heard that all computer programmers in California are exempt from overtime pay. This is not always true. To be exempt, they must meet specific criteria, including spending over 50% of their time on intellectual or creative work requiring discretion and independent judgment. Their primary duties must involve systems analysis, software development or similar tasks. They must also earn at least a minimum specified salary and be working in a role that allows the exemption.

Understanding Overtime Eligibility For Computer Professionals

Many computer professionals are told they are completely exempt from overtime, which means they do not receive overtime pay. However, not all computer professionals are exempt. California law requires specific criteria that must be met for a computer professional to be exempt from overtime pay.

Criteria For Exemption

To qualify for the overtime exemption, computer professionals must meet requirements in both their job duties and their compensation. Here are the key points:

Job Duties:

• The professional must be highly skilled and proficient in the application of specialized information to computer systems analysis, programming or software engineering.
• The professional must spend more than 50% of their time in intellectual or creative work.
• They must exercise discretion and independent judgment.
• Their primary duties must include one or more of the following:
  • Systems analysis, including consulting with users to determine hardware, software or system specifications
  • Design, development, documentation, analysis, creation or modification of computer systems or programs
  • Documenting, testing, creating or modifying the design of computer software or hardware

Compensation:

• They must also earn a minimum of $55.58 per hour or a salary of $115,763.35 per year, effective January 1, 2024. Each year, the state recalculates this minimum.

Meeting these criteria is essential for the overtime exemption to apply.

Specific Exceptions

Certain computer-related jobs are not exempt from overtime pay at all – so the employee must be paid the overtime rate when they exceed eight hours of work per day. These include:

• Trainees or entry-level employees
• Employees lacking the expertise to work independently
• Employees engaged in the operation of computers or the manufacture, repair or maintenance of computer hardware
• Engineers, drafters, machinists or other professionals highly dependent on computer-aided design software
• Writers creating content for print or onscreen media
• Computer professionals engaged in creating imagery for motion pictures, television or theatrical industries

If your job falls into any of these categories, you should be entitled to overtime pay.

Conclusion

Understanding whether you qualify for overtime as a computer professional in California can be complex. However, if you are working extra hours without overtime pay, you need to know if you are actually exempt. Reach out to an attorney who is experienced in California wage and hour laws.