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Texas Computer and IT Workers Overtime Pay Lawyer

Many computer workers believe they are not entitled to receive overtime pay because they heard about an exemption called the “computer employee exemption.” However, this exemption does not cover all employees just because they work with computers. In fact, this exemption is very limited and only applies in certain situations. Generally, all employees can receive time-and-a-half for all hours over 40 worked in a given week. An employee is exempt from this law under the computer employee exemption only if they meet certain requirements. The Texas Computer and IT Workers Overtime Pay Lawyers at the Leichter Law Firm PC want to help you receive the compensation you deserve for the hours you work.

The Computer Employee Exemption

There are strict stipulations defined by the U.S. Department of Labor that dictate whether an employee who works with computers is exempt from receiving overtime. First, the employee must receive either a salary not less than $913 per week ($455 prior to December 1, 2016) or an hourly rate of not less than $27.63. Furthermore, the job classification of the employee must be as a computer systems analyst, computer programmer, software engineer, or a worker with a similar skillset. Lastly, the employee’s primary job duties must comprise the following:

  • Applying systems analysis techniques and procedures, which can include consulting with users, or determining hardware, software, or system functional specifications.
  • Designing, developing, testing, or modifying computer systems or programs, which can include prototypes or user or system design specifications.
  • Designing, documenting, or modifying computer programs related to operating systems.
  • A combination of the duties mentioned above, which requires the same level of skill to perform.

Employees who manufacture or repair computer hardware and related equipment and employees providing IT support are not exempt. Employees who do work highly dependent upon using computers and computer software programs are also not necessarily exempt. For example, engineers, drafters and others helped by computer design software are not exempt under the computer employee exemption regardless of their job title.

Consult with an Austin Overtime Pay Lawyer

If you work as a computer or IT employee and have worked more than 40 hours per week without receiving additional compensation for overtime, speak with a qualified overtime attorney today. A lawyer can tell you whether you are entitled to compensation for unpaid overtime, additional money for liquidated damages, attorney’s fees, and costs.

You can receive money from former employers or your current employer. Call the Leichter Law Firm PC at (956) 205-0884 for your free confidential consultation today.