High Tech and IT Workers are Entitled to Overtime Pay

IT and high tech workers are winning millions in overtime pay claims.  High tech companies have been illegally classifying many of its employees as exempt from overtime pay requirements.  There is an exemption from overtime pay that applies to computer and technology workers, but this exemption is narrow and is often applied too broadly by employers.  

Even salaried and highly paid IT and high tech workers are entitled to overtime pay.  Titles and payment methods are irrelevant.  What matters is the kind of work that is performed.   Here is a rough guide to help determine what IT and high tech workers are entitled to overtime pay.  An IT or high tech worker is probably entitled to overtime pay if:

- They perform routine maintenance of systems and applications

- They are required to follow company guidelines, procedures and protocols

- They are supervised and do not work independently

- They perform repetitive tasks

- They install application updates and configure system and program settings

But, if the employee works independently and is primarily engaged in creating or designing or researching new systems or programs, then they are not entitled to overtime pay.   IT and tech workers who create, design and research and exercise broad discretion in their work and are not under close company control are generally not entitled to overtime pay.   But the IT and tech workers who operate under close company control and perform routine maintenance, repair, training and troubleshooting are likely to be entitled to overtime pay.