The Fair Labor Standards Act provides an exemption for certain computer-related occupations. Exempt employees are not covered by FLSA regulations regarding minimum wage and overtime pay. It is not uncommon for employers to categorize workers as exempt computer professionals, even though the employees' job duties do not meet the criteria. Misclassified computer workers may be losing thousands of dollars in unpaid overtime. At Costello & Mains, LLC, we stand up to employers to protect the rights of workers. If you believe you have been denied overtime pay improperly, call us at 856-291-0642 or contact us online to discuss your situation.
IT And Network Solutions Employees
Whether a job is exempt or nonexempt is not about how difficult the job is. Many nonexempt jobs require substantial skill and training. IT professionals and network troubleshooters are frequently victims of misclassification as exempt computer professionals. They may even be given the job title of systems analyst in an attempt to avoid paying them proper overtime. The computer professional exemption is targeted to workers in computer systems analysis, programming and software engineering. Even jobs that require specialized knowledge of computers and computer software are not necessarily exempt.
According to the Department of Labor, an exempt computer professional must be primarily engaged in one or more of the following:
- Systems analysis designed to determine hardware, software or system functional specifications
- Design, development, documentation, analysis, testing, creation or modification of computer systems or programs
- Design, documentation, testing, creation or modification of computer programs
Not included would be jobs building or repairing computers or troubleshooting network concerns. As in other exempt fields, part of the question is the level of discretion and autonomy exercised by the employee. Even complicated and highly technical computer work will not yield an exempt employee if it does not meet the above criteria.
You Are Entitled To Overtime Pay
Classifying all computer jobs as exempt is one way companies can cheat their employees out of overtime pay. If you are working in a computer-related job and are being denied overtime, you need to speak to an experienced FLSA lawyer right away. We can answer your questions and help you understand your rights in a free case evaluation. Contact us online or call 856-291-0642 to schedule a consultation today.