California law may exempt game programmers from receiving overtime pay [update]

let the west coast exodus begin.

I thought game programmers were grossly underpaid and overworked... If they're getting paid $75,000/yr, I might have to go back and finish my comp sci degree and get into the field!

Don't forget in this oh so wonderful state that you are forced to have a lunch break.

To reduce lawsuits? Isn't that a bit like legalizing murder to give the judges some holiday time?

what is wrong with this state?

That loud bang you just heard was EA Spouse's head exploding.

Perhaps everyone needs a little history on this to put things in perspective.

Around 2000ish California instituted a law, that stated something along the lines of "for computer professionals to be considered Exempt (Meaning a position that does not have to pay extra for overtime worked) had to make the equivilant of $36+ for all hours worked during the year". This number topped out around $50/hour in 2006/2007. This means the employee's salary had to reflect he earned at least $50 for each hour worked. (Meaning 40hours a week had to be paid a salary above 104k, avg 60hours a week had to be paid a salary above 156k, etc. etc.) If someone was placed on salary at $160k a year, and worked an average of 70hores a week, then they were not declared exempt and now had a right to sue for wage compensation. So, all the computer professionals, from engineers to tech support, that were paid salary (no-overtime) and paid less than the appropriate amount per hour, now had reason to sue (check oracle overtime lawsuit)

In 2008, there was an appeal to the law that dropped the hourly wage back down to $36 an hour and capped it at 75k total for the year. This means if a Computer professional is not paid at least 75k a year, they cannot be classified as Exempt and are mandated overtime pay by law.

To put things in perspective, most exempt positions (non-overtime paying) do not require such strict salary requirements, for example, Managers at Movie Theaters may get paid the equiv of 40h x $12 a week, but are not paid overtime for hours worked above 40, and they often put it much more than 40.

As to the point made near the last line, that game dev's might want to move to Boston, Boston requires a much lower salary cap for computer professionals (somewhere along the lines of $455 a week, or 23k a year) to be declared exempt. It might be wise for companies to move out of state, but I don't think the people those companies employ would rather be paid less to work more.

I don't know what the average salary for a game programmer is these days, but my guess is that $75,000 is near the top end of that scale. On the flip side, this new legislation may make companies who pay a lot of overtime consider increasing the salary for their employees to $75k. The employees may make less overall, but their base pay will increase and the cost savings may help keep their employer afloat so that you don't lose your job entirely.

It was the best of times, it was the BLURST of times?! STUPID MONKEY!

Quite possibly the greatest Simpsons episode ever.

WAGONS.... east.

As a game programmer working in California, I can account that sometime in late 2006 (or early 2007 maybe?) some developers at our company on the lower end of the pay scale were reclassified as non-exempt, meaning that they became hourly rather than salaried and received overtime.

So it seems this new law is only reversing (partially) that very recent change - which didn't make sense in the first place...

If you're a junior making overtime and you want to work late to perfect your code or art (juniors tend to be young, idealistic, gung-ho bachelors who take longer to learn their way through everything), you need your boss's approval, and they may not be willing to pay to let you do that. Meanwhile a senior (generally older with kids at home, doing the same work but faster and better) is more likely to be asked to stay late to pick up the slack, because their overtime is free.

When crunch comes, everyone throws in, but an hourly junior working 90 or 100 hours/week might make as much or more than a senior (with many years more experience) working the same hours. The only compensation for seniors was a couple extra weeks of vacation at the end of the project. Huh?

california wants to ban cars that are the color black to save a minuscule amount energy and now withholding overtime pay?

are the legislatures stupid? -- their policies are reminiscent of something france would do.

F**K cali's legislature.

Ah, a good ol' daily reminder that Capitalism is awful and ran by monsters.

I'm guessing Electronic Arts had something to do with this.

When the fuck did $75k/yr. make you rich? I must have missed that memo.

To quote Homer Jay Simpson, "Lousy Democrats."

Joystiq arsonist reporting +4.

I wish we had a strong third party...