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Please click here to contact an employee rights attorney at Lieff Cabraser, or call us toll-free at 1 800.541.7358 and ask to speak to attorney Anne B. Shaver. There is no charge or obligation for our review of your case.
Case Center
IT Workers Overtime
- Issue: Overtime pay improperly denied
Overtime Pay for High Tech | IT Workers Frequently Asked Questions
Overtime Pay Law & IT Tech Workers
Lieff Cabraser is a national law firm that has recovered over $100 million for thousands of IT employees across the country in class action lawsuits seeking overtime pay that was wrongfully denied. The employees in these lawsuits have charged that their employer misclassified them as independent contractors or as salaried, exempt employees in violation of federal and state wage and hour laws. These successes on behalf of IT workers include: CSC ($24 million settlement in 2006), Wells Fargo ($12.8 million settlement in 2006), IBM ($65 million settlement in 2007), Cadence Design Systems ($7.7 million settlement in 2008), IBM ($7.5 million settlement in 2010), AT&T ($12.5 million settlement in 2011), Premera Blue Cross ($1.45 million settlement in 2011), Wells Fargo ($6.72 million settlement in 2011).
Do Job Titles Matter?
Worker misclassification by tech companies to avoid paying overtime or providing full benefits is a serious, ongoing issue. Your job title doesn't determine whether you are entitled to overtime pay. In many cases, IT support workers are eligible for overtime pay even though they are salaried and highly paid (including high base salaries plus bonuses).
IT employees who perform their company's valuable technical support function – installing, maintaining, supporting, and repairing computer software and hardware, for the company itself or for customers of the company - have recovered overtime pay. Their job titles have included:
- System Administrators
- Database Administrators
- Web Administrators
- Network Engineers
- Business Systems Consultants
- Helpdesk Support Workers
- Deskside Support Workers
- Systems Analysts
- IT Specialists
- similar positions
Again, more important than the employee's job title, are the tasks or duties the employee performs in his/her job.
Should You Be Getting Overtime Pay?
There are several factors that determine whether an IT employee is eligible for overtime:
| Positive Factors (likely to get OT) | Negative Factors (unlikely to get OT) |
|---|---|
| General Concepts | General Concepts |
|
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| Specific Tasks | Specific Tasks |
|
|
How Does The Law Work?
The federal Fair Labor Standards Act (FLSA) and various state laws provide that all employees should get overtime unless they fall within certain narrow exemptions. The FLSA and many state laws provide that nonexempt employees must be paid time-and-a-half for each hour over 40 worked in a week.
California law is even more protective. It provides the same protection (1.5x the hourly rate for hours over 40), plus it provides for time-and-a-half for hours over 8 in a day, double time for hours over 12 in a day, an unpaid 30-minute meal break for every 5 hours worked in a day, and a paid 10-minute rest break for every 4 hours worked in a day.
What if I no longer work at the company?
You are still entitled to overtime pay that you should have received. Both former and current employees can sue for overtime.
What if I’m classified as salaried/exempt?
Even if the company calls you a salaried, exempt employee, you may still be eligible for overtime pay.
If I signed a severance, release or waiver, can I still sue for overtime pay?
Even if you received severance or signed a release or waiver of your overtime claims, you may still be able to get the full amount you are owed. Usually, you can only waive your right to overtime in a court proceeding or government action.
What if this is a “right to work” state?
It doesn’t matter if your state is a “right to work” state. Even in such states, employees still have certain overtime pay rights.
Is there a disadvantage to waiting to make a claim?
Yes. For every day you wait to assert your rights, you may lose a day of backpay. This is because the law only allows you to reach back a few years in time, even if the violation was going on before that.
Contact Lieff Cabraser
Current and former tech workers who wish to report their work experiences and submit a confidential complaint are welcome to contact a lawyer at Lieff Cabraser by clicking here. We will review your claim to overtime pay for free and without any obligation on your part.
