New California Labor Law that could impact Digital Agencies

Overtime Exemption for Computer Software Employees

Effective January 1, 2021

California Labor Code Section 515.5 provides that certain computer software employees are exempt from the overtime requirements stipulated in Labor Code Section 510 if certain criteria are met. One of the criteria is that the employee’s hourly rate of pay is not less than the statutorily specified rate, which the Department of Industrial Relations is responsible for adjusting on October 1st of each year to be effective on January 1st 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.

Assembly Bill 10 (Committee on Budget, Chapter 753, Statutes of 2008) amended Labor Code Section 515.5 effective on September 30, 2008, to extend the exemptions to salaried employees whose annual and monthly salaries are not less than the statutorily specified rates, which the department is responsible for adjusting every October 1st of each year to be effective on January 1st 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. Data used to adjust this figure is summarized in the table below:

In accordance with Labor Code Section 515.5(a)(4), the department has adjusted the computer software employee’s minimum hourly rate of pay exemption from $46.55 to $47.48, the minimum monthly salary exemption from $8,080.71 to $8,242.32, and the minimum annual salary exemption from $96,968.33 to $98,907.70 effective January 1, 2021, reflecting the 2.0% increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.

Source: State of California Department of Industrial Relations

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