The computer IT tech industry will be seeing a huge change in the way they get paid. A string of class action overtime lawsuits have put workers in the field of IT on alert, and many are realizing that they have been misclassified as exempt employees by their employers using the narrowly defined computer technology and administrative exemptions set forth by the FLSA (Fair Labor Standards Act) overtime rules.

The IT field covers such a wide range of technologies and job functions, and because employers are grouping them all to be the same thing, thousands and thousands of deserving computer  IT techs are being denied their federal right to receive overtime pay.

It has been a common misconception that if an employee makes a high salary, and/or receives bonuses, then he/she is not eligible for overtime pay.  This is not the case.  Just because you have the exempted title of Administrator, Executive, or Professional, does not necessarily mean you are exempt.  Job duties, not job titles are the main factor in the decision according to the FairPay overtime rules.

For example, if you spend a large portion of your day doing manual labor (installing computers), repetitive tasks such as creating logins and other business application user accounts or keeping computer systems up and running or you operate under supervision or rules, then you are likely entitled to overtime pay.

On the other hand, if you primary duties include designing programs, writing substantial applications, or designing operating systems and networks and are not under the direct supervision of your employer, then you likely do not qualify for overtime.

Basically, only a handful of IT positions are administrative and managerial in nature.  Most of computer technology tasks do not qualify as being exempt from overtime under the Fair Labor Act.

If you are a computer IT tech and have a question about your exemption status, contact an overtime attorney today, as you may entitled to overtime (1.5 times your reg. rate of pay) for any hours worked over a 40 hour workweek, or in states with daily overtime, for hours worked over 8 per day. Fill out our online Case Evaluation Form today and an experienced overtime lawyer will help you decide if you have a good case to recover the overtime pay you earned.