How to approach situation where my workplace has me marked as exempt when I should be nonexempt?

manpreet Best Answer 2 years ago

I'm a Software Engineer in California, and I am paid salary. As far as I can tell, legally, even while salaried, I would have to earn over 88K to be allowed to be exempt and not be paid overtime. (California Labor Code Section 515.5(a)(3)) https://www.dir.ca.gov/dlse/LC515-5.pdf and https://www.dir.ca.gov/oprl/ComputerSoftware.pdf

I'd like to bring this up to my boss, but I don't want to be retaliated against or make it seem like I'm bringing it up as a threat. I've worked a lot of overtime this week, and we're going to have to work overtime for a few more days to finish a project in time. I don't want it to come off negatively or threatenly, I just want to get paid for it. This is for a large corporation.

I have no clue if this was done on purpose, or maybe no one knows about this. Perhaps payroll still has the salary from a 5+ old year, where I am paid over and I would be exempt.

Does anyone have advice on how to best approach this situation?

manpreet 2 years ago

These documents you are referencing do not state ALL the href="https://forum.tuteehub.com/tag/criteria">criteria to determine exempt vs non-exempt. Rather than pull on us, why don't you ask your HR people HOW they made the determination for your position? It's within your right to ask and get a satisfactory href="https://forum.tuteehub.com/tag/answer">answer. Ask THERE, because they will have href="https://forum.tuteehub.com/tag/information">information about your position that we do not.