- Should You Be Getting Overtime Pay? The Right to Overtime Pay For IT Workers Explained
- August 2, 2012
- Law Firm: Lieff Cabraser Heimann Bernstein LLP - San Francisco Office
Many companies fail to pay their workers overtime in violation of federal and state law. In the information technology (IT) area, IT workers are especially prone to being misclassified and denied overtime pay earned. These IT workers can have a wide variety of job titles, such as system administrator, database administrator, helpdesk support, or network engineer. Under the law, your job title does not determine whether you are entitled to overtime pay.
Here is a summary of how the law operates:
If the majority of the time you write computer code, design systems, or otherwise exercise significant discretion in performing your job, you are likely not entitled to overtime pay.
However, many jobs involve limited independent judgment and discretion - or involve significant discretion but only for a small fraction of the time -- making the employees eligible for overtime pay. For example, if the majority of the time you follow detailed procedures or policies, perform repetitive or routine tasks, or work from templates or set standards, you may be entitled to overtime.