Howdy leo123,
Keep in mind the "Important Disclaimer: Answers and comments
provided on Google Answers are general information, and are
not intended to substitute for informed professional medical,
psychiatric, psychological, tax, legal, investment, accounting,
or other professional advice."
The California Employment Development Department web page titled
"California Occupation Staffing Patterns" indicates that the
State of California goes by the federal system called Standard
Occupational Classification or SOC.
http://www.calmis.ca.gov/file/iomatrix/alpha-occ.htm
"This is a list of the occupations in alphabetical order."
...
"The "SOC Code" is displayed following the occupation title. The
Standard Occupational Classification (SOC) system SOC Dictionary
has a complete list of occupations and their definitions."
By looking down their list, we see your position listed with its
SOC code:
"Database Administrators (SOC Code 15-1061)"
SOC codes are administered by the U.S. Department of Labor, and
we can look up "Database Administrator" on their Bureau of Labor
Statistics web site.
http://www.bls.gov/soc/soc_c1g1.htm
"15-1061 Database Administrators"
"Coordinate changes to computer databases, test and implement the
database applying knowledge of database management systems. May
plan, coordinate, and implement security measures to safeguard
computer databases."
"Database Administrators (broad occupation)"
"Computer Specialists (minor group)"
"Computer and Mathematical Occupations (major group)"
"List of SOC Major Groups"
"SOC User Guide"
The California Employment Development Department web page titled
"Occupational & Career Information" leads us to the same type of
information, but with a bit more detail.
http://www.calmis.ca.gov/htmlfile/subject/occup.htm
"The Occupational Information Network (O*NET)"
...
"O*NET replaces the Dictionary of Occupational Titles and offers a
more dynamic framework for exploring the world of work."
The Occupational Information Network (O*NET) website has the
following Summary Report for "15-1061.00 - Database Administrators"
http://online.onetcenter.org/report?r=0&id=1559
"Coordinate changes to computer databases, test and implement the
database applying knowledge of database management systems. May
plan, coordinate, and implement security measures to safeguard
computer databases."
So, according to the above, you are a "Computer Specialist".
That said, your employer can probably "classify" you whatever they
desire, but if they are trying to define you as an "Administrative
Employee" so as to possibly avoid paying you overtime wages, this
Farella Braun + Martel LLP web article titled "Employment Law Update:
Handling Large Reductions In Workforce & Overtime Exemptions In
California" has some interesting (and possibly more important)
information.
http://www.fbm.com/home/pubs/2000q1/reduction.html
"The 'Administrative' Exemption"
"Your employee is probably an exempt 'administrative' employee only
if you answer yes to all of the following questions:"
"1. Does the employee perform office or nonmanual work directly
related to management policies or to the general business operations
of your company?
2. Does the employee customarily and regularly exercise discretion
and independent judgment?
3. Does the employee: (a) regularly and directly assist a proprietor,
manager, or exempt administrator; or (b) perform work - under only
general supervision along specialized or technical lines requiring
special training; or (c) execute special assignments and tasks under
only general supervision?
4. Does the employee spend more than half of his/her work time
performing administrative duties?
5. Does the employee earn at least $2,166.67* per month on a salary
basis?"
...
"* This amount will increase to $2,340.00 per month effective January
1, 2002."
The Fredrikson & Byron P.A. has the article "Who Is an Exempt
Administrative Employee? The 'Line' Versus 'Staff' Distinction" By
Steve E. Helland which gives us more detail.
"The administrative exemption is available if an employee ... meets
both of the following requirements:
(1) the employee's primary duty is office or non-manual work directly
related to management policies or general business operations, and (2)
the employee customarily and regularly exercises discretion and
ndependent judgment. An employee's 'primary duty' is usually the activity
that occupies at least 50 percent of his or her time."
The International Mass Retail Association website has an article by a
California wage-hour expert, R. Brian Dixon of the San Francisco office
of Littler Mendelson, P.C., entitled, "California's Challenge for
Correctly Classifying Employees as Overtime Exempt" that discusses this
issue and concludes:
http://www.imra.org/public/pages/index.cfm?pageid=3266
"California sets a stricter standard than do most states for determining
when employees are entitled to overtime. In addition, the state offers
potent remedies for employees who believe that they are entitled to
overtime pay. Employers must pay careful attention to this potentially
remendous source of liability."
The California Division of Labor Standards Enforcement handles overtime
claims.
http://www.dir.ca.gov/DLSE/dlse.html
"Wage Claim Adjudication"
"Investigates wage claims on the behalf of workers who file claims for
... overtime ... pursuant to California Labor Code Sections 96 and 98.
DLSE deputies hold informal conferences between employers and employees
to resolve wage disputes. If a matter cannot be resolved at the informal
conference, an administrative hearing is held to make a final determination
on the matter."
They also have a page with information on "How to File a Wage Claim".
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
Search Strategy:
Searched Google with keywords: "Exempt Administrative Employee" california
://www.google.com/search?q=%22Exempt+Administrative+Employee%22+california
Searched Google with keywords: california labor department professions
://www.google.com/search?q=california+labor+department+professions
If you need any clarification, feel free to ask.
Looking Forward, denco-ga |
Clarification of Answer by
denco-ga
on
05 May 2003 12:58 PDT
Howdy leo123,
There is no such thing in the Standard Occupational Classification
(SOC) code as a "computer professional classification."
That said, by virtue of a database administrator being classified
as a "computer specialist" and by virtue of you being paid to do a
job that is one of a "computer specialist" you would be considered
a "computer professional" by anyone in the industry.
To support that statement, here is a page from the International
Institute of Computer Professionals website titled "What is a
'computer professional'?"
http://www.iicp.org/prof_what_is.htm
"In 1999, the US House of Representatives passed as part of
their legislation (HR 3081) the following definition of a
computer professional:-
(17) any employee who is a computer systems, network, or
database analyst, designer, developer, programmer, software
engineer, or other similarly skilled worker whose primary
duty is:-
i. the application of systems or network or database analysis
techniques and procedures, including consulting with users,
to determine hardware, software, systems, network, or database
specifications (including functional specifications);
ii. the design, configuration, development, integration,
documentation, analysis, creation, testing, securing, or
modification of, or problem resolution for, computer systems,
networks, databases, or programs, including prototypes, based
on and related to user, system, network, or database
specifications, including design specifications and machine
operating systems;
iii. the management or training of employees performing duties
described in clause (i) or (ii); or
iv. a combination of duties described in clauses (i), (ii), or
(iii) the performance of which requires the same level of skills
For purposes of paragraph (17), the term `network' includes the
Internet and intranet networks and the world wide web."
So, according to the US House of Representatives definition, you
are a computer professional.
If you need any further clarification, feel free to ask.
Looking Forward, denco-ga
|