California Employment Law Guide For IT Professionals

California’s world-renowned technology industry is a hub for innovation and development. Many of the world’s leading technology companies have headquarters in the state, from Google to Apple. One of the most rewarding and challenging jobs in this industry is being an IT professional. As an IT professional in California, you will have access to cutting-edge technology and work with some of the brightest minds in the industry.

However, being an IT professional in California can also be competitive and demanding. Ultimately, it requires dedication, hard work, and a willingness to keep learning and adapting to new technologies and trends. What this can lead to, in some cases, is exploitation and violations of your rights as an employee. When that happens, knowing how to handle the situation can make all the difference in how you’re able to move forward with your career.

Work With Experienced California Employment Lawyers

When you’re facing employment law issues as an IT professional, it can be extremely frustrating. Like any other employee in California, you have a right to fair treatment and safety in the workplace. However, this doesn’t always happen. In these unfortunate situations, our experienced team of California employment lawyers at Maison Law can help.

We can help you evaluate your legal options, and determine the best path forward for you. When legal issues come up, you can count on us. Contact us today to set up a free, no-obligation consultation to learn more.

IT Professionals in California

California is perhaps the best place in the country to work in the technology industry. As a global leader in the industry, the state offers overwhelming opportunities for professionals. Data from the Computing Technology Industry Association found that there were over 1.88 million tech jobs in California in 2021.

Of these job opportunities, many are available for IT professionals. Descriptions of these professionals vary from workplace to workplace, but they are typically responsible for the following as it relates to an organization’s computer-based information systems:

• Designing
• Developing
• Implementing
• Managing

IT professionals work in a variety of industries, including healthcare, finance, manufacturing, education, and many others. Some of the most in-demand jobs for IT professionals in California include:

• Software Developer – One of the most common IT jobs in California is for software developers. These workers design, develop, and test software applications. Many technology companies in California are looking for talented software developers with experience in languages such as Java, Python, and Ruby.
• Network Administrator – Network administrators are responsible for maintaining and troubleshooting computer networks, including hardware, software, and security protocols. There are many companies in California that offer opportunities for network administrators with experience in Cisco, Microsoft, and other networking technologies.
• Data Scientist – Data scientists are responsible for analyzing and interpreting large amounts of data to identify trends, insights, and patterns. Many technology companies in California employ data scientists with experience in machine learning, data mining, and statistical analysis.
• Cybersecurity Specialist – Cybersecurity specialists are responsible for protecting computer systems and networks from cyber threats, including viruses, malware, and hacking attempts. Many companies in California are looking for cybersecurity specialists with experience in network security and cryptography.
• Project Manager – Project managers are responsible for overseeing and coordinating IT projects, including software development, network infrastructure, and cybersecurity. Many companies in California are looking for project managers with experience in Agile, Scrum, and other project management methodologies.

These are just a few of the many jobs available for IT professionals in California. As technology continues to evolve and transform industries, the demand for skilled IT professionals in California is expected to increase and grow. That said, with more opportunities also comes the possibility that rights in the workplace will be violated.

Understanding How California Employment Law Applies to IT Professionals

Generally speaking, IT professionals are like any other employee in California in that they have certain protections and rights in their workplace. California has some of the strongest labor laws in the country, designed to make sure every employee has a safe and healthy working environment. That said, there are certain employment laws that are more applicable to IT professionals in California:

• Wage and hour laws – California’s wage and hour laws are some of the most comprehensive you’ll find as an employee. The state’s wage and hour laws mandate that employers must pay employees at least the minimum wage (currently $15.50 an hour), overtime if they work for more than 8 hours in a day or 40 hours in a week, be provided with meal and rest breaks, and be given access to workers compensation insurance for illness or injuries in the workplace.
• Misclassification of employees – A common issue for IT professionals in California is how their employer classifies them. Under certain conditions, IT professionals could be considered “independent contractors” and as a result, are exempt from many of California’s wage and hour protections. That said, sometimes employers will purposefully misclassify an IT worker for the purpose of not paying them a minimum wage or overtime. This is a violation of the law. While there are certain exceptions for California IT professionals, generally they have a right to be classified properly.
• Anti-discrimination and harassment – California’s Fair Employment and Housing Act (FEHA) outlaws any form of discrimination or harassment in the workplace. This also applies to IT professionals. Discrimination and harassment that are based on certain characteristics, like age, race, color, national origin, disability, etc., that a worker has is illegal in California. Similarly, harassment based on these characteristics is also prohibited.
• Whistleblower protections – IT professionals in California work in a highly-competitive and cutting-edge industry, meaning they can sometimes encounter unethical or illegal conduct in the workplace. When they report such conduct, either to the employer or to an outside entity, California’s Whistleblower Protection Act (WPA) grants them legal protection from harassment or retaliation from their employer. Typically, this takes the form of termination, demotion, or being targeted and treated differently because of the employee’s actions.
• Breach of contract – Along the same lines, IT professionals sometimes work expressly under written contracts. Technology companies frequently contract out certain work, meaning some IT professionals have to abide by the terms and conditions set forth in a contract. However, the employer must also follow these guidelines and when they don’t, they will be in breach of the contract. When that happens, the employee can pursue legal action.

Exemptions

An important exemption exists in California for IT and other computer professionals. Passed in January 2023, California Labor Code Section 515.5 mandates that these professionals are exempt from wage and hour protections like minimum wage, overtime, and meal and rest breaks under certain conditions. These conditions are:

• They make at least $53.80 per hour
• Their work is primarily intellectual or creative and requires independent judgment and discretion
• They are highly skilled and proficient in the application of specialized information to computer systems analysis, computer software programs, or software engineering.

Further, in order to meet this exemption, IT professionals’ job duties must involve:

• Applying techniques and procedures relating to systems analysis
• Designing, developing, modifying, and testing these computer systems and programs
• Creating or documenting programs related to the design of software or hardware, or equipment for computer and machine operating systems.

While this is an important exemption for IT professionals, they must be aware that employers may still try to get around paying them properly, which is usually a violation of state labor laws.

What Legal Options Do IT Professionals Have in California?

As employees, IT professionals in California have the same legal options that most other workers have when their rights are violated. Part of the strength of California’s labor laws is that it not only gives workers certain protections, but options to pursue justice when their employer violates their rights. Generally, this is done in one of two ways: filing an administrative complaint or filing a lawsuit.

Administrative Complaints

California has various state agencies that are responsible for enforcing their particular area of the law in the workplace. Wage and hour violations and most other violations of the Labor Code are handled by the Labor Commissioner’s Office. Elsewhere, the Department of Fair Employment and Housing (DFEH) is the state agency responsible for investigating and ruling on complaints about violations of the FEHA.

The usual procedure for these actions involves:

• You filing a complaint with the appropriate agency.
• The agency will then perform an investigation into the workplace and your claims.
• With evidence collected, the agency will make a ruling and issue you a “right to sue” notice that will allow you to file a lawsuit.

Lawsuits

Filing a civil lawsuit is a more direct option for IT professionals that have had their rights violated by their employer. A lawsuit allows these–and other–employees to pursue damages from the employer. Damages, in the context of a lawsuit, refer to costs relating to:

• Lost wages
• Loss of benefits
• Emotional distress
• Attorneys’ fees
• Court costs

Filing a lawsuit in California has a few requirements you’ll have to meet, the most important of which is the statute of limitations. This is simply the deadline you have to file your claim, and it differs depending on the type of claim you have.  Generally speaking, though, unpaid wage claims and wrongful termination claims have a three-year statute of limitations from the date of the violation. If you miss this deadline, you won’t be able to file a lawsuit against your employer.

Contact Maison Law To Protect Your Rights as an IT Professional

Being an IT professional in California is rewarding and fulfilling, but it’s not without its challenges. One of the foremost challenges for these workers is when their workplace rights are violated by their employer. If this has happened to you, our team of experienced California employment lawyers at Maison Law will be there to help. We can help you understand your rights and legal options, and provide you with protection and support as you try to move forward with your career. We’re proud to offer free, no-obligation consultations. Contact us today to schedule yours.