Date: Wed, 07 Apr 2010 11:39:09 -0700
From: Jeroen van Aart <jeroen@mompl.net>
To: NANOG list <nanog@nanog.org>
Subject: Re: Finding content in your job title
Lamar Owen wrote:
> companies, Official Title is used to determine salary (or even
> whether you're an exempt employee or not). And the company's
> bylaws may invest particular
Unless I misread the laws regarding this, in CA at least you still
have to earn ~$40/hr or more (it varies and last I read it was
lowered a few $s) or more to be considered exempt, regardless of your
job title
Actually, it doesn't matter how much you make per hour, the deciding
factor between exempt and non-exempt is how many (if any) people you
SUPERVISE. No supervision of others, then non-exempt.
Now you and the employer may agree to some other definition, but that
is between you and them.
At my previous $DAY_JOB, a technicion who was classified as "exempt"
took $EMPLOYER to court over back pay, overtime, lunch breaks, et al
and WON. (He had no direct reports...)
Regards,
Gregory Hicks
That is not entirely correct. The actual text of the law, IIRC, reads to the
effect of "Work which is primarily intellectual or managerial in nature..."
In other words, if you are management _OR_ some form of technical
professional. Most of the technical individual contributors I know that
are in the 6-figure realm are exempt.
You can find California Guidance on this matter here:
http://www.dir.ca.gov/dlse/faq_OvertimeExemptions.htm
More information is available here:
http://www.management-advantage.com/products/overtime-exempt.html
For further information, refer to the California Labor Code, near section 515.
(515.5 applies to this industry)
Other states may vary.
Owen
Actually, it doesn't matter how much you make per hour, the deciding
factor between exempt and non-exempt is how many (if any) people you
SUPERVISE. No supervision of others, then non-exempt.
I don't think that is correct. "Professionals" do not supervise people
but if the substantial control their own activities and make above a
certain level in total compensation, they may be exempt.
Now you and the employer may agree to some other definition, but that
is between you and them.
At my previous $DAY_JOB, a technicion who was classified as "exempt"
took $EMPLOYER to court over back pay, overtime, lunch breaks, et al
and WON. (He had no direct reports...)
He probably failed the compensation test, or more likely, did not
control his own activities.