IT Employees Misclassification

Under California labor law, a computer professional is exempt (or ineligible to receive overtime pay) ONLY if paid above a certain salary level (the minimum threshold wage) and if they possess extremely specialized knowledge relating to hardware or software issues. A computer professional whose primary duties include machine repair, technical support or the installation of software programs, however, must receive overtime pay.

If you are a computer professional and have been denied overtime because you are misclassified as an exempt employee, complete our online contact form to request a free initial consultation. At Gigliotti & Gigliotti, LLP, we have extensive knowledge of overtime pay rules and offer straightforward, effective representation.

Computer Professionals, Exempt Or Nonexempt

To be considered exempt from overtime pay under the professional exemption, an individual employed in the IT field must be paid a minimum of $36 per hour ($74,880 annually). If you work in this field and do not make at least $36 per hour, you are entitled to be paid overtime at 1.5 times your hourly rate for each hour over eight hours per day — or 40 hours per week — that you work. Additionally, the statute of limitations on claims for unpaid overtime wages is four years from the date the wages are due.

• It is important to note that the previous minimum (prior to Jan. 1, 2008) was $49.77 per hour. Clients who have claims may still be eligible based upon the previous amount. If you have questions about your ability to make a claim, a lawyer at our office can assess your case and help determine your options.

If the duties of a professional are administrative or executive in nature, different rules apply. If this is the case, a member of our firm can help explain the rules and how they apply to your situation.

If you feel you are being compensated unfairly or have questions about computer professional exemption matters, we may be able to help. Call 949-305-8202 to schedule a free initial consultation.