Computers
have taken over the world and the demand of computer professionals
has increased accordingly. In the US, there are millions of people
that work in computer related fields. But, what are their wage
rights? How do computer professional fare when it comes to wages?
Are they covered under the Fair Labor Standards Act (FLSA)?
Here are
the wages and overtime related details that an IT worker in the US
needs to know. Please note that certain states may have additional
protections, like Pennsylvania, which may demand that computer
professionals receive overtime.
According
to law, people on selected careers in IT industry may be exempt from
overtime if their classification and actual job duties dictate it.
They include –
- Computer systems analysts
- Programmers
- Software engineers
- Other equally skilled professionals in this field
But, this
exemption is for those workers that are receiving
- At least $455 per week (salary basis)
- At least $27.63 per hour
Their
designation or job titles have nothing to do with this exemption, but
the substantive work means everything. For example, if you hire a
computer professional for $455 a week and make him or her work 60
hours and then just have them clean the floors, then they would not
be entitled to the exemption. If they do actual programming, then
they might. But be warned, in certain states the workers may still be
entitled to overtime.
The
Employees’ responsibilities play an essential role in this
exception to overtime in the regulations. The Federal Law has
demarcated several job responsibilities and if your work matches
these pre-defined options, then you are most like exempt from
overtime under Federal laws. These job responsibilities include –
- Systems’ analysis techniques and process application
- System’s design & development, documentation
- System’s analysis, testing or modification
- Computer program’s design, testing, and more
An IT
worker that performs the above mentioned job responsibilities do not
fall under federal law.
Furthermore,
workers that heavily depend on computers for their work still fall
under the protections of the minimum wages and overtime laws of the
FLSA. But, if employers fails to show that the employee is properly
exempt under the law, then the worker has every right to for overtime
pay for the extra hours and work.
Many IT
workers think that if they are salaried, then they are not eligible
for overtime. In addition, they also think that they are not entitled
to overtime. If your occupation falls under the minimum wages and
overtime laws, then you have the right to receive fair payments. If
the employer refuses to pay you proper amount, then you should
contact an unpaid wages lawyer.
Attorneys
can help you in getting your fair payments, back wages, as well as
compensations for the damages (if required). The Attorneys can also
guide you regarding state’s payment laws since some states mandate
that even IT professionals are paid properly.
