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.
Frequently Asked Questions
What type of compensation am I eligible for?
The Fair Labor Standards Act (FLSA) is a federal law that requires any employee who works more than 40 hours in a workweek must receive overtime pay. Overtime pay is time and a half for each hour over 40 hours worked in a workweek. It is illegal for an employer to withhold earned money that the employees have rightfully earned. If the company or employer has been found guilty of violating overtime wage laws, they are typically required to pay the employee double the amount of back overtime wages as a penalty. It is important to note that you may still be eligible for unpaid wages even if you don’t work for that company anymore. There are strict laws in place to protect you in the case that you decide to go after your unpaid overtime. If your employer attempts to retaliate against you for seeking unpaid overtime wages, you may be able to recover more money.
Why should I hire an attorney?
Standing up against your employer can be intimidating, and we are here to fight for you and stand by your side through your case. Our experienced attorneys are here to protect your rights. An attorney can tell you whether you are entitled to compensation for unpaid overtime, additional money liquidated damages, attorney’s fees, and costs. Labor laws can be complicated and confusing, and that is why our lawyers are here to help you. We know all the ins and outs of the legal system and can assist you with recovering the unpaid wages that you earned and deserve. The Texas Computer and IT Workers Overtime Pay Lawyers at the Leichter Law Firm PC have years of experience protecting employees rights in the workplace, and that includes fighting for your unpaid overtime wages. Navigating the legal system can be confusing when you have little experience with labor laws. However, our attorneys have the experience and resources necessary to give your case the best possible outcome.
What should I do if I have been incorrectly classified as an exempt employee?
If you believe that you have been incorrectly classified as an exempt computer and IT employee, it is in your best interest to contact a lawyer immediately. The lawyers at Leichter Law Firm PC are very familiar with the labor laws and will inform you of your rights as a computer and IT employee. There are strict guidelines in place by the U.S. Department of Labor indicating which employees who work with computers are exempt from receiving overtime. These laws can be hard to understand, and your employer may take advantage of you and ultimately classify you as exempt and withhold your overtime. Our lawyers can take a look at your situation and help you make an informed decision on whether or not you are entitled to unpaid overtime wages.
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.