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In ba.internet Jeffrey Siegal <jbs@quiotix.com> wrote:

> Not exactly correct.  The wage level test is part of one classification 
> under which a worker can be exempt if the other criteria of that 
> classification are met.  However, that is not the only classification 
> under which a worker can be exempt, so it isn't correct to say that an 
> employee *can* only be exempt if the wage level test is satisfied.

The controlling regulations (based on CA Labor Code section 515) are 
promulgated by the Industrial Welfare Commission.

It's Article 4 of the Group 2 Industrial and Occupation Orders.

You can find the full text at:

	http://www.dir.ca.gov/t8/11040.html

There's an "executive" exemption, an "administrative" exemption, and a 
"professional" exemption.  The entire thing is riddled with exceptions and
special cases.

Computer programmers fall under the "professional" exemption.  See:

   Section 1 (A) (3) (h)

Which says:

(h) Except, as provided in subparagraph (i), an employee in the computer 
    software field who is paid on an hourly basis shall be exempt, if
    >>all<< of the following apply:

    (i) The employee is primarily engaged in work that is intellectual or 
        creative and that requires the exercise of discretion and 
        independent judgment.

    (ii) The employee is primarily engaged in duties that consist of one 
         or more of the following:

         - The application of systems analysis techniques and procedures, 
           including consulting with users, to determine hardware, software,
           or system functional specifications.

         - 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.

    (iii) 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.<<

    (iv) The employee's hourly rate of pay is not less than forty-two 
         dollars and sixty four cents ($42.64). 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. 

h (i), (ii) & (iii) are clearly met by any one who programs computers
professionally.  For must programmers, the sole factor that would make a 
difference is (iv), the wage test.

Simeon

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