Information technology workers are notoriously overworked. They put in
long hours, field endless emergency calls in and out of regular hours,
get no credit when things go well and take the blame when anything goes
wrong. Moderns cities like Atlanta have more than their share of IT workers.
But because of an often- misunderstood FLSA computer worker exemption form
overtime pay, IT workers are often shut out of overtime that they are
actually entitled to. This exemption has become the subject of discussion
boards among the computer literate, and IT workers have been suing their
companies, and winning, for denied overtime.
Employers often misinterpret a very narrow FLSA overtime exemption that
applies to some computer workers, specifically exempting from overtime
pay employees who are involved in the application of systems analysis
techniques, or who develop or design software or operating systems, or
perform related functions.
But there are, of course, a large number of computer workers whose job
functions do not fall into these narrow categories. It is always a good
idea to get a specific job description from your employer, but if you’re
an IT worker, it would seem to be a good idea for you to pay particular
attention to the way that your job is actually classified.
Because of the multiple functions many IT workers has to accomplish during
the course of a day, it may be difficult to classify any specific individual
as fitting within the narrow “computer worker” exemption.
At the same time, an IT worker may or may not come in under another exemption,
like the “administrative executive” exemption.
Any attempt to classify computer workers one way or the other is going
to run into a recent DOL opinion letter, which said that IT support specialists
are not exempt employees under either the administrative or computer employee
The letter said that the primary duties of analyzing, troubleshooting,
and resolving problems with an employer’s computer applications,
networks, and hardware don’t fit into the administrative exemption
requirements of exercising “discretion and independent judgment.”
Those job duties also don’t fit into the programming and other functions
of the computer specialist.
But this is a very complicated area, and each case needs an individual
analysis. If you think you may have been misclassified as exempt and denied
overtime pay, The Buckley Law Firm, LLC can help protect your rights.