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.
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 475-277-2200. Our employment lawyers will review your case and give you no-nonsense answers to your questions.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
