Computer Aided Design (CAD) / Mechanical Designer Jobs and Overtime Pay
The primary issue with Designer/Draftsmen jobs tends to be the misapplication of an exemption (or exception) from the normal overtime pay rules that apply specifically to certain computer employees. This exemption is aptly known as the Computer Employee Exemption and has some very specific requirements, ALL of which must be satisfied in order to escape the employer’s overtime pay obligation.
- The employee must receive a salary of at least $455* per week or, if paid hourly, at a rate not less than $27.63 an hour; AND
- The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; AND
- The employee’s primary duty must consist of:
- The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
- 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;
- The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
- A combination of the aforementioned duties, the performance of which requires the same level of skills.
*New rules increasing this salary amount were set to go into effect on 12/1/16 but have been delayed by a lawsuit brought by several states. Please see this page for the latest updates.
It is important to note that the Department of Labor has clearly stated that the computer employee exemption does not cover jobs where the work is highly dependent upon, or facilitated by, the use of computers and computer software programs – specifically mentioning engineers, drafters and others skilled in computer-aided design software.
Because of the relatively high pay rates (whether salary, hourly or day-rate) for Computer Aided Design (CAD) / Mechanical Designer jobs, the failure to calculate and pay overtime wages correctly ends up depriving these workers of substantial amounts of hard-earned overtime pay and unjustly enriching the employer. Individual claims for such workers mount quickly when they routinely work 10 or more hours of overtime each week and can commonly be in excess of $10,000 to $50,000 – sometimes into the $100,000 range.
Given the significant dollar amounts at stake and the strict time limits imposed by the overtime pay laws, procrastination can be costly. Do not rely on your boss or Human Resources for this critical information. If you have any doubts as to your entitlement to overtime, contact the overtime pay experts at The Lore Law Firm for a free and confidential review.
Call 1-866-559-0400, email firstname.lastname@example.org or submit your information using our convenient Case Evaluation form for a FREE and CONFIDENTIAL review of your circumstances, because time is money.