California Layoffs and Why Computer and IT Employees are Suffering So Much
California and especially the Silicon Valley has long been the hub of computer and software manufacturing in the United States.
With recent layoffs by Yahoo , Hewlett Packard , Lockheed Martin, and others, IT and computer professionals are facing challenges they have never seen in the past.
With the advent of the H1B workers that are entering this company in droves as well as thousands of jobs that are shipped overseas, the laid off computer employee is having fewer and fewer options.
One saving grace, and a little known part of the California labor law is that most computer and IT employees are in fact entitled to overtime pay.
California computer employees are offered additional protections under California labor code 515.5. , Under this statute, those that meet the definition of a computer software professional ie. Code writers, must be paid the minimum under the law and unless otherwise exempt, are entitled to overtime pay.”
At a time when the bills keep coming in and the income has all but stopped or is just trickling in, computer employees are encouraged to find out If they are entitled to back overtime pay.
Employees in California may look back up to 4 years to determine, if they are, in fact entitled to back overtime pay. Furthermore, if they were misclassified, they could be entitled to not just their back overtime pay, but interest and possibly penalties as well. Knowledge is power.
Strategy:
1. Gather a paystub or W-2
2. Gather one or more performance evaluations or a job description.
3. Tally or estimate the total hours you worked without being paid overtime.
4. Contact a California labor law attorney to assist you in determining if you are entitled to overtime pay.
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