Common Labor Law Violations Committed Against Computer Professionals
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Although information and technology systems at first galvanized California’s workforce by creating many more jobs, it soon became apparent that the state’s computer revolution not only led to many more employment opportunities, but also to many more opportunities for employers to violate the state’s labor laws. Nowadays, it has become a standard business practice in California for computer companies to commit illegal labor practices against computer systems analysts, computer programmers, software engineers and other similarly skilled workers in the computer field.
The employment law lawyers of Blumenthal, Nordrehaug & Bhowmik are known throughout the state of California- from Los Angeles to San Jose, Silicon Valley and the San Francisco Bay Area - for obtaining large settlements and judgments on behalf of computer employees. We primarily concentrate on helping employees in the computer industry collect:
· Unpaid overtime wages and salaries
· Wages and penalties for misclassifying skilled workers as exempt from overtime pay
· Unpaid vacation time
· Out-of-pocket work expenses such as equipment, tools, software, hardware, seminars, computer classes, licenses, training and other certifications
· Compensation for time spent “on-call” or standby time
· Compensation for time spent working off-the-clock booting up and shutting down computers or working from home
Our employment law attorneys also focus on helping employees in actions to recover penalties for illegal employer activity. Employees working in computer and technology position can rely on us in cases of wrongful termination, harassment, discrimination and retaliation.
In order to pay computer employees a fixed salary and no overtime wages, it is the technology company’s burden to prove that the worker is exempt based on his or her job duties. To satisfy the computer exemption test, you must be a computer systems analyst, computer programmer, software engineer or other highly skilled employee. In addition, you must be a paid a guaranteed, high minimum salary each week. Computer workers that manufacture, install, repair, maintain, troubleshoot or perform other repetitive tasks are entitled to premium overtime wages. Whether or not the employee is capable of high-skilled work, has a fancy job title or makes a salary is irrelevant. All that matters is what he or she is actually doing.
