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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.


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IT PERSONNEL OVERTIME LEGAL ARTICLES AND INTERVIEWS

Company claims school district owes $200K in IT overtime
Company claims school district owes $200K in IT overtime
October 17, 2009
Frankfort, IL A company is suing an Illinois school district claiming it was allegedly not paid $200,000 in IT personnel overtime.
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IT Personnel Overtime a Calculated Risk?
IT Personnel Overtime a Calculated Risk?
February 19, 2009
Irvine, CA 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.
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IT Personnel (National) Confusion Over Overtime
IT Personnel (National) Confusion Over Overtime
February 11, 2009
Washington, DC 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'.
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READER COMMENTS

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During early 2009 (April) I was working for a company as an IT Manager. During this time we incurred significant issues with a computer virus. Under the direction of the CIO I was expected to complete various tasks within a certain time frame resulting in many 12 plus hour days. As the company listed me as exempt, I was not offered overtime pay nor days off as compensation. When I requested time off to rest, I was given 3 hours, while still on call. I was the only employee during this time in the IT department and was responsible for managing/supporting three offices.

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