Should nonexempt employees be paid for travel time?
Unpaid overtime claims are becoming increasingly common among information technology (IT) employees. These employees are often required to work long hours, but are frequently not paid overtime because of the way they are classified by their employers. Unfortunately, many have been misclassified, either intentionally or erroneously, and are actually entitled to overtime pay.
Are You A Salaried IT Worker?
The Fair Labor Standards Act (FLSA) states that salaried IT workers are not eligible for overtime if they perform managerial duties or are involved in general business operations, or if they exercise discretion and independent judgment.
What do your job duties entail? Are you engaged in straightforward repair and troubleshooting? Are you doing programming, QA and testing as dictated by your employer? If you are not making managerial decisions or decisions that impact the company as a whole, you may be eligible for overtime pay.
Are You An IT Contractor?
Classifying IT workers as independent contractors is a common method that employers use to avoid paying benefits such as overtime. However, many workers are classified as independent contractors when they should be actual employees.
There are many factors to consider when making this determination. Are you required to work certain hours, or can you set your own? Are you barred from working for other businesses? Do you use your own tools, or those provided by the company? If your relationship with the company is that of an employee, rather than an independent contractor, you may be eligible for overtime pay.
Filing A Claim For Unpaid Overtime
These classifications are complex and nuanced. If there is any question at all that you may be misclassified and eligible for overtime, you should talk to an experienced employment law attorney. If you have been misclassified, you may be able to pursue a claim for unpaid overtime. You may be owed a great deal of money for the extra hours you have put in over the years.
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