California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 5 - Industrial Welfare Commission › Group 2 - Industry and Occupation Orders › Article 17 - MISCELLANEOUS EMPLOYEES › Section 11170 - Miscellaneous Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Applicability of Order
This wage order implements changes in the law as a result
						of the Legislature's enactment of the "Eight-Hour-Day Restoration and Workplace
						Flexibility Act," Stats. 1999, ch. 134 (commonly referred to as AB 60).
(A) Any industry or occupation not previously
					 covered by, and all employees not specifically exempted in, the Commission's
					 wage orders in effect in 1997, or otherwise exempted by law, are covered by
					 this order.
(B) Except as provided
					 in subsection (C), an employee in the computer software field who is paid on an
					 hourly basis shall be exempt from the daily overtime pay provisions of
					 California Labor Code Section
					 510, if all of
					 the following apply:
(1) The employee is
					 primarily engaged in work that is intellectual or creative and that requires
					 the exercise of discretion and independent judgment, and the employee is
					 primarily engaged in duties that consist of one or more of the following:
(a) The application of systems analysis
					 techniques and procedures, including consulting with users, to determine
					 hardware, software, or system functional specifications.
(b) 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.
(c) The
					 documentation, testing, creation, or modification of computer programs related
					 to the design of software or hardware for computer operating
					 systems.
(2) The employee
					 is highly skilled and is proficient in the theoretical and practical
					 application of highly specialized information to computer systems analysis,
					 programming, and software engineering. A job title shall not be determinative
					 of the applicability of this exemption.
(3) The employee's hourly rate of pay is not
					 less than forty-one dollars ($41.00). The Division of Labor Statistics and
					 Research shall adjust this pay rate on October 1 of each year to be effective
					 on January 1 of the following year by an amount equal to the percentage
					 increase in the California Consumer Price Index for Urban Wage Earners and
					 Clerical Workers.
(C) The
					 exemption provided in subsection (B) does not apply to an employee if
any
of the following apply:
(1) The employee is a trainee or employee in
					 an entry-level position who is learning to become proficient in the theoretical
					 and practical application of highly specialized information to computer systems
					 analysis, programming, and software engineering.
(2) The employee is in a computer-related
					 occupation but has not attained the level of skill and expertise necessary to
					 work independently and without close supervision.
(3) The employee is engaged in the operation
					 of computers or in the manufacture, repair, or maintenance of computer hardware
					 and related equipment.
(4) The
					 employee is an engineer, drafter, machinist, or other professional whose work
					 is highly dependent upon or facilitated by the use of computers and computer
					 software programs and who is skilled in computer-aided design software,
					 including CAD/CAM, but who is not in a computer systems analysis or programming
					 occupation.
(5) The employee is a
					 writer engaged in writing material, including box labels, product descriptions,
					 documentation, promotional material, setup and installation instructions, and
					 other similar written information, either for print or for on screen media or
					 who writes or provides content material intended to be read by customers,
					 subscribers, or visitors to computer-related media such as the World Wide Web
					 or CD-ROMS.
(6) The employee is
					 engaged in any of the activities set forth in subsection (B) for the purpose of
					 creating imagery for effects used in the motion picture, television, or
					 theatrical industry.
(D)
					 The provisions of this order shall not apply to any individual participating in
					 a national service program, such as AmeriCorps, carried out using assistance
					 provided under Section
					 12571 of Title 42 of the United
					 States Code. (See Stats. 2000, ch. 365, amending Labor Code Section
					 1171.)