· Employees in computer-related occupations who have not attained the skill and expertise necessary to work independently and without close supervision
· Employees who are engaged in operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment
· Engineers, drafters, machinists, or other professions whose work is highly dependent upon or facilitated by the use of computers and computer-aided design software, including CAD/CAM, but who are not in a computer systems analysis or programming occupation
· Employees who write material related to computers for print or on-screen media or who write or provide content for computer related media such as the World Wide Web or CD-ROMS)
· Employees who create imagery for effects used in the motion picture, television, or theatrical industry
· Employees engaged primarily in technical support and client support
But if you have any doubts, go back to item 4. If your annual salary is less than $95,000 per year, and have one of these titles, or do these tasks, you are probably qualified to be classified as Salary Non Exempt, entitled to overtime wages, now, in the future, and for three or four years in the past.
So, How do you Collect?You are not going to do it simply by complaining to your employer. Employers tend to have corporate personalities much like that of George Bush. They are the “Deciders,” especially, when you tell them something they don’t want to hear.
Unless you have kept very accurate records of your overtime hours, the employer can simply brush off your complaint, by saying you have no proof that you have worked these hours. Having classified you as a Salary Exempt worker, the employer has no obligation to track your hours, as it does when you are Salary Non-Exempt. You have the burden of proof that you indeed did work the claimed overtime.
Also, unless you have been laid off already, in an age where firings and layoffs are rampant, lodging a complaint is a quick way to hear, “Don’t let the door hit your butt as you leave.”
What it all comes down to is that it is far more difficult to take on the company as an individual, than as a group. Having successfully done so, I can tell you that it is a lot of work, a lot of frustration, and a lot of time spent waiting. If you wish to pursue that route, in California, your next step is the Department of Labor Standards Enforcement (DLSE). There will be similar departments in each of the remaining states, but the law will vary. California is largely seen as among the most employee friendly states with respect t this issue.
The Class Action LawsuitThe Class Action lawsuit is to the 21st Century knowledge worker what the labor union was to the 20th Century blue collar worker. It requires group action by a large number of workers within a company taking concerted action to collect the overtime wages. Someone has to start the ball rolling by collecting the names of all computer workers within the company.
Once you have made the decision to explore the possibilities for a class action, that is the time for you to consult with an attorney specializing in this just this kind of action. (Use the “Contact the Author” link at the end of the article. I’ll be happy to assist you in your search for an appropriate law firm.)
This group of workers comes to be called the Class. One of few barriers to this kind of action is that you have to have a substantial number of individuals composing the Class, in order to make it worthwhile for an attorney to spend the time and money necessary to pursue this action. I am told that having at least one hundred in the class is a good starting number. (This is why I was forced to use the DLSE route. I took my action after being laid off, and no longer had access to my many co-workers, so had to resort to an individual action.)
Word of mouth is he best way to do this. Do not use company computers, company Blackberries, company cell phones, employee’s company email addresses, or the company IM. Instead, make your contacts personally, outside off company facilities, phone from home, use your personal email to the personal emails of others. Stay away from contacts via MySpace, Facebook, etc.
Your selected attorney will give you valuable advice on organizing and getting members of the class ready to pursue action. There are a whole number of advantages which may come very shortly after action begins.
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