Are IT Workers Ever Really Off the Clock?

We hear so much these days about the lawsuits surrounding the classification of workers. Whether it’s with rideshare services like Uber or Lyft, or with strip clubs, the designation of contractors versus employees is a hotly contested topic as more businesses try to redefine their workforce. But one field, where there is also confusion is the high-tech sector. Even employees that are non-exempt still struggle with identifying what constitutes at work hours in the technology field. Carter Law Firm, in Newport Beach, specializes in employment and wage violations. Here is a look at some of the situations that may make computer professionals exempt or non-exempt.

Under California Labor Code Section 515.5, a computer software field employee is exempt from overtime pay if they meet all of these following requirements listed here. Non-exempt employees who have not been paid overtime that they were owed may recover wages going back three years (and in some cases four years) from the date a complaint is filed.  Click here for more details on exempt and non-exempt guy graphic

While each case is different, many employees in the internet technology field, whether salaried or hourly, are non-exempt. Thus they are eligible for overtime pay. Many professionals in the field don’t know what constitutes working overtime. If someone is calling you at home to troubleshoot a technical problem, you are working for your company even if you are not in the office. If you are forced to log in to your employer’s computer system you are “working” and you have the right for compensation for that work.

Many IT workers believe that they are overworked, and some live with a mentality that they are always on call. We are constantly modernizing industries and relying more on tech wizards to keep us on track 24/7. So where does that leave IT professionals?

If you are a computer professional who has been told by your employer that you are exempt from overtime, contact the Carter Law Firm today for an independent analysis of your situation.