St. Louis, Missouri Information Technology (IT) Employees – Unpaid Overtime Law
Information Technology (IT) employees are entitled to overtime compensation for hours worked in excess of 40 hours per week. The Department of Labor has determined that IT workers do not qualify for the administrative or the computer employee exemption. The primary duty of the IT Support Specialist consists of installing, configuring, testing, and troubleshooting computer applications, networks, and hardware. If you are an IT worker who is not paid time and a half overtime pay for hours worked in excess of 40 hours per week, contact attorney Kevin J. Dolley at (314)645-4100.
IT Worker Overtime Rights Law Firm
IT support and information technology department employees are considered non-exempt employees under the FLSA. Commonly such overtime compensation is the result of on call time and project time worked in excess of 40 hours per week. IT workers are not subject to the administrative exception because their work does not directly relate to management or general business operations.
The duties of IT works that consists of installing, configuring, testing, and troubleshooting computer applications, networks, and hardware, maintaining a computer system and testing various systems is considered non-exempt work. Such duties do not involve independent discretion to make the administrative exception applicable.
Although computer systems may be essential to business operations and involve highly skilled technical work in troubleshooting computer problems, such work does not demonstrate the exercise of discretion and independent judgment to qualify as exempt work. "The exercise of discretion and independent judgment implies that the employee has the authority to make an independent choice, free from immediate direction or supervision." 29 C.F.R. § 541.202(c).
The computer employee exemption only applies to workers who design and create computer programs under certain specifications and are paid particular wage rates.
If you are a computer systems analyst, computer programmer, software engineer or other computer worker, you are likely entitled to overtime compensation for hours worked in excess of 40 hours per week.
Contact IT rights attorney Kevin J. Dolley directly at (314)645-4100 or by email at Kevin@dolleylaw.com.