got overtime?

Law Offices of Michael Tracy
"If the exemption doesn't fit, the employer must remit."


Tech Job Descriptions - Who Gets Overtime

In order to help sort through what types of tech jobs are entitled to overtime and which ones are not, I have found a couple job descriptions posted on the internet. Because these job descriptions are fairly detailed, they can be evaluated to determine whether they are exempt positions or not. All the job descriptions are copies of the actual job description posted by the company, captured in PDF format. I have put my comments on the job duties directly on the PDF.

I will be adding more job descriptions as I come across them. If you have a particular one that you have questions on, please email me the URL and I will evaluate it.

Please note: NON-EXEMPT = You get Overtime. EXEMPT = No Overtime.

The following positions are non-exempt, based on an analysis of the job description.


Google-Technical Writer

The following are exempt positions, based on an analysis of the job description.


You should also keep in mind that it is the actual job duties that will determine whether or not your position is exempt or not. Job descriptions simply describe everything that you might do in the job and are frequently inaccurate. The purpose of the above analysis is so that you can see the types of duties that are non-exempt. If you spend more than 50% of your time on such duties, then you are entitled to overtime.

You should also note that I generally work on a contingency basis. That is, I only receive payment if I recover money. As such, it would make no sense at all to pursue claims that I did not feel had a good chance of winning. Companies such as Yahoo and Google can be formidable adversaries. I would not take these cases unless the prospects of winning were good and the amount of money substantial.


Overtime Updates
January 2017: New minimum wage laws and overtime exemptions
December 2016: New federal regulations for overtime create confusing issues for California workers
New Computer Professional Law wage increase Jan 01, 2015
August 2013: Unpaid internships are illegal.
April 2013: California's executive exemption defined.
California Labor and Employment Law Blog
Meal Break violations can extend back four years
Information Technology (IT) overtime.
VIDEO LINK: Michael Tracy discusses Liquidated Damages for Overtime (QuickTime 6MB)
©2016 Michael Tracy

This website only provides general information about the overtime laws in California and is not meant to be legal advice and does not serve to establish an attorney-client relationship. Please note that labor laws are constantly changing and being interpreted by the courts and you should consult with an attorney to ensure that you have the most up-to-date information. Any statements, on this page or elsewhere, are not guarantees of any outcome. Michael Tracy is a licensed attorney only in California. Click to see Privacy Policy.