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IT Personnel Overtime
IT Personnel working in a tech or non-tech company are almost always entitled to overtime pay (assuming they are working overtime) because the work they perform tends to be support or maintenance oriented and it does not require the exercise of discretion and independent judgment.
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Information technology covers a very broad category of employees. Companies (especially computer and high-tech companies) implement fancy titles to disguise the nature of the work. The law looks at the duties rather than the title: In short, if you perform tech (or IT) assistance or you work in a support position, you very likely qualify for overtime pay.
As an example, in one case a company called a class of employees 'systems engineers'. The employees were actually routine help desk employees providing standard IT services. In the computer industry misclassification of employees is common when they work in IT. However this is also true of IT employees who work for non-tech companies.
There have been a number of cases involving large banks, hospitals, and other non-tech industries that employ many IT people to service the company's IT infrastructure. Just because an employee works in or around a computer or with computer professionals does not make that person exempt.
The federal and state of California law focus on the day-to-day duties that are frequently performed by IT personnel and finds them non-exempt. If the work is primarily support and you work in IT, then you probably have a strong case.
As an example, in one case a company called a class of employees 'systems engineers'. The employees were actually routine help desk employees providing standard IT services. In the computer industry misclassification of employees is common when they work in IT. However this is also true of IT employees who work for non-tech companies.
There have been a number of cases involving large banks, hospitals, and other non-tech industries that employ many IT people to service the company's IT infrastructure. Just because an employee works in or around a computer or with computer professionals does not make that person exempt.
The federal and state of California law focus on the day-to-day duties that are frequently performed by IT personnel and finds them non-exempt. If the work is primarily support and you work in IT, then you probably have a strong case.
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IT PERSONNEL OVERTIME LEGAL ARTICLES AND INTERVIEWS
Company claims school district owes $200K in IT overtime
IT Personnel Overtime a Calculated Risk?
IT Personnel (National) Confusion Over Overtime
October 17, 2009
A company is suing an Illinois school district claiming it was allegedly not paid $200,000 in IT personnel overtime. READ MORE
IT Personnel Overtime a Calculated Risk?
February 19, 2009
Labor lawyer Jose Garay says the number one objection he hears from IT Personnel (and from most employees in the computer industry) who consider filing an overtime complaint is that they are afraid of even asking for overtime; they fear that the company will retaliate. In reality, the high-tech industry is litigation adverse and is more sophisticated when it comes to processing lawsuits. READ MORE
IT Personnel (National) Confusion Over Overtime
February 11, 2009
Most attorneys agree that most of the time, it is an 'open and shut' case whether employees are exempt from the federal requirements of overtime law. But about 30 percent of cases are not so easy to determine, and IT personnel overtime (National) often fall into these 'gray areas'. READ MORE
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