The Fair Labor Standards Act (FLSA) requires most employers to pay their employees time-and-a-half for all hours worked over 40 hours in one week. While many hourly workers are protected by the overtime requirement in the FLSA, the law may not be so favorable for most Information Technology (IT) Workers. Only an experienced lawyer who is familiar with the specifics of the FLSA can give a reliable opinion on whether you are protected by the FLSA or exempt.
The FLSA does not list specific IT job titles that are and are not exempt from overtime requirements; rather, it refers to “computer employees” in general, and IT Workers are included in that category. Many employers do not have to pay overtime to their IT Workers, but it depends on the IT Worker’s exact job duties and rate of pay. In deciding whether individual IT Workers are entitled to overtime pay under the FLSA, courts will consider whether the IT Workers perform the following job duties: consulting with users; applying systems analysis techniques and procedures; determining functional specifications for hardware, software, or systems; and designing, testing, or developing computer systems or programs. The IT Worker’s hourly compensation is also a factor.
Determining whether a particular IT Worker is entitled to overtime pay is a complex question: many factors go into the decision, and your state’s overtime laws may complicate the issue. Because of this, it is best to consult an experienced attorney who can advise you on your case.
Depending on your exact job duties and pay rate, if you are an IT Worker who worked more than 40 hours a week but did not receive overtime pay, you may be entitled to file an IT Worker overtime pay lawsuit. These lawsuits may be filed by an entire group of IT Workers against an employer. There are strict time deadlines for filing lawsuits, so it is essential that you contact an attorney immediately if you think you have been wrongfully denied overtime wages. If you wait, you may lose your ability to recover some or all of your back pay.
To determine whether you are eligible to file a wage claim, contact our experienced IT Worker Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case, or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.