Computer Professionals - California

Crash

We recently merged with a company based in California. I understand that in California the hourly rate necessary for computer software professionals to be considered exempt is $43.58. I also read that the California Labor Commissioner believes that no one can qualify for the professional exemption in California unless the person's work requires more than a four-year college degree, i.e., anyone holding a B.A. or B.S. could not qualify. The notice I'm referring to is dated April 6, 2001. Apparently the Commissioner's interpretation was being questioned, but I can't find anything which specifically states that his interpretation was adopted as law. Sure would appreciate any advice you can give.

~~Crash~~

Brad Forrister

Crash,

You're right about the hourly rate - that's statutory ($41 with an escalator, now up to $43.58). The statute has a list of other qualifications - things like being engaged in intellectual or creative work requiring discretion and judgment, being involved in systems or software work and not just a computer operator, and being highly skilled and proficient in theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.

I didn't find anything about a B.A. or B.S. But the statute lists a number of jobs or characteristics that don't qualify for the exemption. The latest DLSE Enforcement Policies and Interpretations Manual just lists all the statutory factors and doesn't mention college degrees.

You can access the whole statute behind the password, and there's also an article or two in the California newsletter describing it.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers