Brian Donaldson writes

-----Original Message-----
From: Brian Donaldson [mailto:[log in to unmask]] 
Sent: Friday, November 21, 2003 6:31 AM
To: [log in to unmask]
Subject: Re: FW: [HP3000-L] High-tech jobs dwindle by 12%


From my own experience my statement was meant to be more truthful than
mean.

Some time ago I was offered a position with a company (a really big
company
right here in Silicon Valley, CA) who offered me a whopping great salary
of
$40K a year. I laughed at them and declined their "wonderful" offer.

I asked the joker who made me that offer "Do you realize how expensive
it is
to live here in Northern CA ?" No answer was the reply.

Still looking and I must admit it is looking rather bleak.

I'd rather be bagging groceries at Safeway than working my tail off for
some
IS employer who wants me on call 24 x 7 etc etc. You all know the hours
you
put in on programming projects....

I don't mind putting in the hours but I expect to be realistically
rewarded
for my efforts in return. $40K a year! Don't insult me and don't waste
my time.
------------------------------------------------------------------------
You're right that's a bogus salary.  However you wouldn't be working any
uncompensated overtime at that company.  Here's California law on that
subject.


Overtime Law For Programmers And Other Software Workers (full text)
 Provided by Labor Code 515.5 Updated on 2003-09-27

Overtime Law For Programmers And Other Software Employees (Exempt or Not
Exempt From The Overtime Laws In California?)


515.5.  (a) Except as provided in subdivision (b), an employee in
the computer software field shall be exempt from the requirement that
an overtime rate of compensation be paid pursuant to 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.

This wage is now 43.58 an hour (90646/yr) to be exempt from overtime.
Probably a result of the dotcom business of paying 30k a year plus
worthless stock options.

Mike Berkowitz
Guess? Inc.

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