Overtime Pay for IT and High Tech Workers
IT and high tech workers are often entitled to overtime pay and some have recovered millions in back wages recently. If you work in IT or high tech and are wondering if you are entitled to overtime pay, you should consider the key factors that drive these cases. There is a general exemption that excludes some IT and high tech workers from receiving overtime pay, but it is a narrow exemption.
First, IT and high tech workers are often entitled to overtime pay even though they are salaried and well paid. You method of payment and title are not important. You are probably entitled to overtime pay if these factors are met:
- You are supervised and required to follow rules
- You are required to follow company procedures and protocols in doing your work
- You perform repetitive tasks
- You maintain existing computer systems
- Your work does not involve the design or creation of new systems or programs
- You do not work independently
In addition to these factors, you are likely to be entitled to overtime pay if you perform specific tasks such as installing software updates, configuring settings on systems and applications, and otherwise perform work that is geared to maintaining existing computer systems or helping users with routine trouble shooting and repairs.
However, if you generally do not work under close supervision and you work independently and focus on designing or creating new systems and applications or engage in long term research projects, then you may not qualify for overtime pay. The laws that require overtime pay apply to workers who perform routine or day-to-day upkeep and repair of existing systems.
If you are an IT or high tech worker and think that you may be entitled to overtime pay, give us a call and we will be happy to discuss your case to help you determine if you are entitled to overtime pay.
