I am a Software Quality Assurance Engineer with eight years experience. I am being paid less than a recent 4-year college graduate with no benefits. I always have to work extra hours because of deadlines, and we sometimes need to work very late at night until morning. In addition to my great job, I train and supervise the teams and review other QA Engineers’ work thoroughly. Not only I am not being paid based on my degree and experience, but also I am not being paid for the extra hours I work. I don’t receive any appreciation and respect because of my good hard work either.
Please let me know if I can do anything legally or not.
Thanks.
Generally, the wage an employer pays to an employee is subject to whatever wage the parties agree upon. We do not have laws that require to pay employees a wage commensurate with their level of education and experience. If you believe you are underpaid, you are free to test the market to see what other employers would offer to pay someone with your qualifications.
Having said that, there are some principles you should be aware of that may impact your situation. I assume, from your post, you are being paid a salary rather than an hourly wage. This presumes the employer has classified you as an exempt employee. To be exempt from overtime payment, an employee must fall within one of the categories recognized by law, typically, a professional, managerial or administrative employee. But in the computer software field, to be truly exempt you must meet the criteria spelled out in California Labor Code section 515.5, which I will paste below. As you will see, if all the criteria is met, the employer must pay you no less than an hourly rate of $36.00 per hour or an annual salary of no less than $75,000 per year. Here is the full text of the statute:
"515.5. (a) Except as provided in subdivision (b), an employee in
the computer software field shall be exempt from the requirement that
an overtime rate of compensation be paid pursuant to Section 510 if
all of the following apply:
(1) The employee is primarily engaged in work that is intellectual
or creative and that requires the exercise of discretion and
independent judgment.
(2) The employee is primarily engaged in duties that consist of
one or more of the following:
(A) The application of systems analysis techniques and procedures,
including consulting with users, to determine hardware, software, or
system functional specifications.
(B) The design, development, documentation, analysis, creation,
testing, or modification of computer systems or programs, including
prototypes, based on and related to user or system design
specifications.
(C) The documentation, testing, creation, or modification of
computer programs related to the design of software or hardware for
computer operating systems.
(3) The employee is highly skilled and is proficient in the
theoretical and practical application of highly specialized
information to computer systems analysis, programming, or software
engineering. A job title shall not be determinative of the
applicability of this exemption.
(4) The employee's hourly rate of pay is not less than thirty-six
dollars ($36.00) or, if the employee is paid on a salaried basis, the
employee earns an annual salary of not less than seventy-five
thousand dollars ($75,000) for full-time employment, which is paid at
least once a month and in a monthly amount of not less than six
thousand two hundred fifty dollars ($6,250). The Division of Labor
Statistics and Research shall adjust both the hourly pay rate and the
salary level described in this paragraph on October 1 of each year
to be effective on January 1 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.
(b) The exemption provided in subdivision (a) does not apply to an
employee if any of the following apply:
(1) The employee is a trainee or employee in an entry-level
position who is learning to become proficient in the theoretical and
practical application of highly specialized information to computer
systems analysis, programming, and software engineering.
(2) The employee is in a computer-related occupation but has not
attained the level of skill and expertise necessary to work
independently and without close supervision.
(3) The employee is engaged in the operation of computers or in
the manufacture, repair, or maintenance of computer hardware and
related equipment."
End of part 1
It sounds like you are being paid a fixed salary. Assuming that the extra hours that you are working are in excess of eight in a day or 40 in a workweek you may be entitled to overtime pay. You should consult with an experienced employment law attorney to determine if you are an exempt employee. As far as being paid less than a recent college graduate there are not enough facts are provided to determine if unlawful discrimination may be occurring.
