Computer Professional Exemption from Overtime

Wage & Overtime

Overtime Compensation for IT Professionals Potentially Missing Out on Overtime Pay

In New York and New Jersey, overtime compensation should be paid at a rate of one-and-a-half times the regular pay for every hour worked beyond 40 in a week. However, some employers may wrongly classify some computer professionals as exempt from this regulation. Misclassification of IT professionals is a common occurrence in workplaces, and we're here to challenge it.

Explore Your Potential Unpaid Overtime Case with a Specialist Attorney

If you're a computer professional and your employer has classified you as exempt from overtime pay, it’s crucial not to accept their assertion without question. Our experienced attorneys at Outten & Golden LLP specialize in Wage & Hour (link) claims. We can help you fight for your deserved overtime compensation and potentially additional damages. Reach out to us today for a free initial consultation.

Comprehending Overtime Pay Laws

The Fair Labor Standards Act (FLSA) establishes guidelines for employee compensation. Most employees are paid hourly and are thus entitled to overtime pay when working over 40 hours in a week, at a rate of at least one-and-a-half times their regular pay.

Certain employees, however, are considered "exempt" from these provisions, typically because they are salaried or paid on a fee basis. They receive a set salary regardless of hours worked.

The Computer Professional Exemption

Federal law recognizes computer professionals as potentially exempt from overtime pay. But it’s not enough to use computers regularly in your work to qualify for this exemption. There are specific criteria outlined by the FLSA that must be met. Relevant roles include:

  • Computer Programmers
  • Software Engineers
  • Systems Analysts
  • Similarly skilled workers

Computer Professionals Who Are Not Exempt from Overtime

Some roles may involve the use of computers but are not classified as computer professional roles and therefore are eligible for overtime pay. These can include:

  • Architects
  • Designers
  • Drafters
  • Engineers
  • Other users of computer-aided design software

Is Your Right to Overtime Being Violated?

Don't take your employer's word for it if they say you're exempt from overtime because you're a computer professional. It's possible that you've been misclassified. You should seek legal advice to understand your rights.

Get in Touch with an Overtime Wage Attorney in New York City

If you're an IT professional and you've been classified as exempt from overtime, your rights may have been violated. The skilled employment attorneys at Outten & Golden LLP will conduct a thorough review of your case and help you understand your options. Our team has a proven record of aggressively advocating for clients who have been denied their rightful pay. Contact Outten & Golden LLP today for a free case evaluation.