An Administrator's Guide to California Private School Law

Chapter 6 – Wage And Hour Laws

e. Librarians Librarians who have a master’s degree in library sciences probably qualify for the professional exemption if the advanced knowledge imparted by the degree is necessarily used to perform their job duties. By contrast, employees who perform routine mental, manual, mechanical or physical work such as shelving books will not qualify. f. Computer Software Field Workers A computer software field worker is exempt if the employee is primarily engaged in one or more of the following:  The application of systems analysis techniques and procedures, to determine hardware, software, or system functional specification.

 The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to, user or system design specifications.  The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems. 555  These employees must also engage in work that is intellectual or creative in nature and that requires regular exercise of discretion and independent judgment. 556 They are highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.

In addition, computer software field workers are subject to a distinct salary test. Beginning January 1, 2019,, the employee’s hourly rate of pay must be no less than $45.41 per hour, $7,883.62 per month, or $94,603.25 per year. 557 The Department of Industrial Relations is responsible for adjusting the salary test for computer employees each year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers. 558 It is important to keep in mind that not all employees who depend on computers to do their jobs are exempt. This exemption only applies to high level software programmers and computer engineers. An employee in an entry-level position who is learning to become proficient in computer programming and software engineering who cannot work independently and without close supervision is not exempt. An employee who only operates or maintains computer hardware and related equipment or performs help desk or support functions is non-exempt. 559 D. O RGANIZED C AMP E XEMPTION California law provides that student employees, camp counselors, and program counselors of an organized camp are exempt from state minimum wage and overtime requirements if they earn weekly pay of at least 85% of the minimum wage for a 40 hour work week, regardless of the number of hours actually worked, or at least 85% of the minimum wage for the actual number of hours worked, if less than 40. 560

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 163