Computer Network & It Employees
The Fair Labor Standards Act requires that employers compensate employees for all hours worked in excess of Forty (40) per week at a rate not less than one and one-half times the regular rate at which they are employed. Employees are presumed to benefit from FLSA overtime requirements, although an employer may overcome this presumption by proving that the employee is subject to one of the statute’s exemptions. Over the past decade, many computer network and support specialists and Information Technology (IT) employees have been required to work long hours in helping to ensure that computer systems across the country operate smoothly in both small and large companies – without being paid overtime wages for their hours worked over Forty (40) per week.
While the FLSA does contain both an “administrative exemption” and a “computer professional exemption” that applies to some IT employees, individuals who work in positions such as network support specialist, help desk or trouble ticket advisor, network engineer, database administrator, and systems analyst or consultant, amongst other varied job titles, are generally entitled to overtime compensation when their primary job duties involve analyzing, troubleshooting, and resolving network problems. In contrast, computer professionals who spend the majority of their working time without close supervision and primarily design or develop network systems, write software programs, or engage in creative analysis—as opposed to following established procedures in carrying out routine and regularly recurring duties, such as responding to alarms signaling that a server is down—may be “exempt” from overtime compensation under the FLSA.
To determine if the Shavitz Law Group, P.A. can help you recover unpaid overtime you’ve earned at any computer-related job within the past three (3) years, contact us today for assistance.