Employers steal IT workers overtime pay by misclassifying them as exempt employees. Just because you work with computers does not mean you don’t earn overtime pay. For example, if you primarily install communications systems or troubleshoot hardware or software problems your employer probably must pay you overtime regardless of your job title.

Are IT Workers Entitled To Overtime Pay?

Federal and state laws protect you. Under the Fair Labor Standards Act (FLSA), your employer legally can avoid paying you overtime only i

• You earn more than $455 per week or $27.63 per hour, and
• You must primarily perform the duties of computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties

If you do not meet these qualifications, your employer must pay you overtime. The law specifically states that job title does not determine status. Some states have laws which are more beneficial than FLSA for IT workers.

Determination of your eligibility for overtime can be tricky. If you are an IT worker and suspect that your employer should be paying you overtime, consult an experienced IT worker attorney. You may be able to collect back overtime. It is illegal for your employer to fire you because you demand overtime pay.

Overtime Pay Calculator – Click here to find out how much you could be owed

Here is a list of favorable overtime pay results obtained by IT workers in various States.

This list includes available lawsuits in selected states brought by IT workers against their employers for unpaid wages.

ARKANSAS

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes. Applies to employers with at least four workers

ALABAMA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

No

ARIZONA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

No

CALIFORNIA

California IT workers’ lawsuit for unpaid overtime wages

Recent settled lawsuits

In 2006, IBM agreed to pay $65 million to 32,000 IT workers who claimed they lost overtime wages because they were misclassified.

In 2011, Oracle Corp. agreed to pay $35 million to 1,725 employees, including IT workers, who claimed they lost overtime wages because they were misclassified.

In 2013, Qualxserv agreed to pay $3 million to IT workers who claimed they were not paid proper wages and overtime for hours worked off the clock.

In 2014, Black & Decker agreed to pay field technicians $4.97 million for unpaid wages and lost overtime pay.

In 2015, Time Warner agreed to pay 2,900 field service technicians $3.5 million for failure to pay overtime and minimum wage.

In 2017, Fidelity National Management Services agreed to pay IT workers $3 million for unpaid overtime and improper recordkeeping violations.

In 2017, Mistras agreed to pay $6 million to non-exempt hourly employees, including IT workers, for unpaid overtime

Recent pending lawsuit

In 2014, Black sued T-Mobilefor misclassifying its IT workers to avoid paying overtime wages and paying for required meal breaks

In 2015, Payala sued Wipco for intentionally misclassifying its IT workers to avoid paying overtime wages

State overtime law?

Yes

COLORADO

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

CONNECTICUT

Connecticut IT workers’ lawsuit for unpaid overtime wages

Recent settled lawsuits

In 2017, a jury determined that Computer Sciences Corp., now DXC Technology, misclassified 1,000 IT workers known as systems administrators and owed them unpaid overtime in an amount to be determined.

No recent pending lawsuit

State overtime law?

Yes

FLORIDA

Florida IT workers’ lawsuit for unpaid overtime wages

Recent settled lawsuit

In 2017, following a U.S. Department of Labor investigation,Citigroup Technology Inc. agreed to pay 882 employees, including IT workers, $1.8 million in unpaid overtime wages

No recent pending lawsuit

State overtime law?

Yes

GEORGIA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

ILLINOIS

Illinois IT workers’ lawsuit for unpaid overtime wages

No recent settled lawsuit

In 2015, Mayhouse and others sued Rural King for failing to pay its employees, including IT workers, proper overtime

Recent pending lawsuit

In 2015, Mayhouse and others sued Rural King for failing to pay its employees, including IT workers, proper overtime

State overtime law?

Yes

INDIANA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

MARYLAND

Maryland Restaurant worker lawsuit for unpaid wages
IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

MASSACHUSETTS

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

MICHIGAN

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

MISSOURI

Missouri IT workers lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

In 2017, Scott sued Cerner Corp. alleging that her employer misclassified her and other IT workers to avoid paying overtime.

State overtime law?

Yes

MISSISSIPPI

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

No

NORTH CAROLINA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

NORTH DAKOTA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

NEBRASKA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

NEW JERSEY

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

NEW YORK

New York IT workers lawsuit against employer for unpaid overtime wages

Recent settled lawsuits

In 2014, Hewlett Packard agreed to pay $11.8 million to IT workers that it misclassified to avoid paying these employees overtime

In 2018, M&T Bank agreed to pay $2.5 million to 240 IT workers overtime wages lost from misclassification.

No recent pending lawsuit

State overtime law?

Yes

OHIO

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

OKLAHOMA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

PENNSYLVANIA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

SOUTH CAROLINA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

TEXAS

Texas IT worker lawsuit against employer for unpaid overtime wages

Recent settled lawsuit

In 2013, Konica Minolta Business Solutions, Inc. agreed to pay $4.3 million to more than 1,000 tech support workers as compensation for unpaid overtime.

No recent pending lawsuit

State overtime law?

Yes

UTAH

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

No

WASHINGTON DC

Washington DC IT workers lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

In 2015, Alvarez and other IT workers and communications specialists sued the U.S. claiming that their employer, the U.S. Secret Service, failed to pay them overtime for off-the-clock work

State overtime law?

Yes

WEST VIRGINIA

IT worker lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

No recent pending lawsuit

State overtime law?

Yes

WISCONSIN

Wisconsin IT workers lawsuit against employer for unpaid overtime wages

No recent settled lawsuit

Recent pending lawsuit

In 2016, Schultz and other IT workers sued Epic Systems alleging misclassification had stolen employees unpaid overtime

State overtime law?

Yes

Contact an Experienced IT Worker Overtime Attorney if You Are an IT Worker and Have Unpaid Overtime Claims

To get the money you deserve, call Lemberg Law at 855-301-2100. Our employment lawyers will review your case and give you no-nonsense answers to your questions.

 

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