I worked till 7 almost everyday and even skipped lunch many days..pay me before you lay me, b$:&:@.
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125678: Please, tell me you didn't hear that from an attorney.... California LaborCode sect. 515.5 eliminates overtime for computer professionals who are paid in accordance with Labor Code sect. 510. The current (2015) wage requirements for computer professionals considered "exempt" are: $85,981.40 annually (F/T); $7,165.12 per month; and $41.27 hourly. All employees above these limits will be considered "exempt." But Computer Professionals must also meet the "duties" requirements.
@ 125582: The "default" rule is that if you are an exempt employee you don't get overtime, and your employer doesn't have to give you meal and rest breaks--especially if you are on "flex-time" or have a similar arrangement. The "qtime" being always 40 hours per week is probably attributable to several things: (1) If paychecks and payroll are handled by a third party administrator, it makes it easier and less costly. (2) It's not actually "cooking the books." Anything that saves a corporation money can usually be justified by "standard practice in the industry." If that doesn't fly, something known as the "Business Judgment Rule" usually works. (3) It lessens liability and/or cost of fighting wage and hour claims using a demurrer (state court)/12(b)(6) stage (federal court equivalent) at the pleading stage. This means your complaint doesn't meet all the necessary requirements for the cause you want to bring, and, you won't be able to amend the complaint so it does. There are also several major hurdles to getting the evidence you need: (1) All your wage statements kept by QCOM will say you worked 40 hours per week. (2) Most of you receive bonuses of some sort. Some of these, unless you are all blowing smoke, are quite lavish! Did any of you refuse them? (I don't think so....) QCOM's attorneys will argue that their records show that you only worked 40 hours per week; but if you worked more, you were compensated for the extra time by bonuses, extra RSUs, etc. NOTE: On your W-2, the net from these is also figured into your wages. (3) In order to get the evidence you may need you have to conduct electronic discovery. It's extremely expensive. In a company like QCOM that deals extensively in CCI, you run the risk of having your requests blocked by protective orders, or your attorney can be drowned in a flood of documents, to the point where he is essentially looking for a needle in a haystack. Finally, if you are making over approximately $85,000 in CA, it's almost impossible to win on Wage & Hour claims in CA.
In California overtime exemption is at 100k, and a few specifically called out job titles, such as programmer.
The breakpoint for exempt was raised by Obama from $23K to $42K. Previously,
if you made more than $23K you are an exempt "executive". As or last month, if you make $42K or
less you must get overtime. http://www.alternet.org/economy/8-questions-answered-about-obamas-new-proposed-overtime-pay-increase
Anonymous125564, Then why exempt employees need to bother with Qtime at all? btw my friend is a contractor in Q and even they are not allowed to fill more then 8 hr as their manager does not like to bother justifying overtime...it's not by books ,it's cooking the books....
QC is doing everything by the book. Exempt employees don't get overtime, so there's no requirement that extra hours be logged. The non-exempt employees at QC are allowed to log extra hours and do get paid overtime.
Qtime s/w capping of recorded work to 8 hr in a large corporation itself must be very interesting for DOL/DOJ and they may be interested to investigate this questionable practices further.As this is widely known practice inside Q 91evidences should be easy to come by. OP I think getting in touch with DOL to get more details will be best 1st step...
you are dumb and the only way you could get reasonable work done was by working over time.
Lots of this unpaid work QC got is due to H1'b exploitation.....No offense to H1b( I myself is a ex-H1b).
If you get over 100k a year, or you are a programmer, tough cookies. If not check on it and if you are due OT document (email record is of some use) and bring it up on your GTFO meeting.
I echo same feeling,many of us worked like dog > 80hr/week to get all these blockbuster products out of the door( got some bonuses and rsu's along the way)..and we seems to be only one holding bag when this party is getting over, never thought it will all happen so fast...I will remember my days in AF and BF lab when everyone was pushing themselves to get best product out of the door. S810 failure was not a engineers fault, it was management pushing everyone to cut corners to meet unrealistic deadline which was pushed down to our throat due apples 64 bit launch ...it was disaster in making and I feel sorry for falling in to this trap. Where are all these so called decision makers who are responsible for all this mess???
You're an exempt employee, so tough shit.