Heavy Action
Heavy Action
California it Professionals â in Need of California Class Action Attorneys!
It is hard to miss the wave of California wage and hour litigation related to California IT professionals and Computer employee overtime that has been sweeping California recently. Even the largest software and computer companies have paid out millions of dollars to employees wrongfully classified as "exempt", or in other words, not entitled to overtime.
A layperson would believe that with presumably the best and most experienced labor attorneys at their disposal, why would these companies risk losing millions of dollars if they are sued by California class action attorneys for misclassifying employees? Well, these days in this economy, the answer might be easier than you think: simple economics and the Bottom Line. Companies seemingly hope that the statute will expire on all or part of the overtime pay due to these employees, or that a slick defense attorney can get them out of the case cheaply or perhaps settle for much less in litigation than they would otherwise be required to pay.
While California IT professionals and Computer software employees may enjoy some of the highest salaries in the American workforce, they are also amongst the hardest working. IT and Computer Software employees routinely are faced with heavy hours, strict deadlines, and stressful, repetitive work. When they are systematically misclassified as exempt from overtime, California class action attorneys step up and attempt to level the playing field. One must not forget that if an employee is considered exempt from overtime, the employer is not required to provide meal and break periods. Therefore, many of these same "over worked" employees are not receiving proper meal and break periods either.
In certain types of California IT and Computer professions the work demands that these employees assist or perform sales related duties. The California salesperson exemption may then apply. Under the California salesperson exemption, if an employee is working on sales related tasks in the office more than 50% of the time, and half of the employee's income is not derived from a bonafide commission structure, then the employee is entitled to overtime pay. The California salesperson exemption for outside salespersons applies when an employee is working outside of the office performing sales more than 50% of the time. In this instance overtime pay is not required. Regardless of whether overtime pay is a requirement, employers are required to pay all expenses of employees related to the discharge of their duties, under California Labor Code 2802. The most common expenses of California IT professionals and Computer software employees are home based internet connection, home office expense and supplies, mileage and cell phones.
California class action attorneys have focused on California IT professionals and Computer Software employees and their employers' failure to pay overtime, due to the rampant abuse. It seems that many employees are dedicated and likely would not mind working a few extra hours on occasion, however when excessive hours become "the rule" and burnout or layoffs occur, employees tend to take action by contacting California labor law attorneys or California class action attorneys.
About the Author
Lars Vheltzer is a freelance journalist who comments on laws related to California IT Professionals and the California Salesperson Exemption. Lars advises employees who are suffering from employer abuse of these laws consider retaining California class action attorneys.
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