IBM has settled its overtime lawsuit with its tech workers, but this settlement is still pending court approval. Workers may be able to claim additional pay according to a formula the companies agreed to, which varies in size from $50 to tens of thousands of dollars depending on rank and hours worked. This is just one of several tech worker overtime lawsuits pending against large companies in the workaholic technology industry. Software designers and computer programmers are often overtime-exempt, despite their highly specialized degrees.
Computer programmers are not entitled to overtime pay
The Federal government has finally changed the rules on computer programmers. Until now, computer programmers weren’t eligible for overtime pay because they worked for small firms or large corporations, which often did not require them to work more than forty hours a week. In 1986, however, the Federal government enacted a new tax code, which reclassified many independent programmers as employees. With the recent changes, however, the status of computer programmers is back to independent contractors.
Although computer programmers may not be eligible for overtime pay, some states do recognize this exemption. Currently, Wisconsin has no law that covers computer programmers as an exception. A Connecticut court found that an IT worker was not exempt from overtime pay when their primary duties included answering technical questions and performing routine maintenance. Even in Wisconsin, computer programmers may be exempt if they meet other FLSA guidelines. For more information on whether or not computer programmers are eligible for overtime pay, contact a law firm today.
At-home tech support employees are not entitled to overtime pay
Many at-home tech support employees work long hours, sometimes on weekends, and are not paid premium overtime. Even if their employer does not require overtime, they are entitled to receive back pay going back at least four years. An experienced at-home tech support overtime pay attorney can help them get back pay and pursue a claim. You can get a free consultation with an attorney from OCHR and discuss your case.
Some employers do not recognize IT, support staff, as an essential and valuable part of their business and therefore do not require overtime pay. Moreover, most tech workers are classified as independent contractors. In addition, they may be required to be at the workplace at certain times and abide by the rules of the workplace. For example, an employer may require employees to work a certain number of hours each day, or they may only require them to be at work for a certain number of hours a day. If you work overtime, however, you may be eligible for an additional hour of pay.
Hewlett-Packard misclassifies them as exempt from overtime pay
A group of employees at Hewlett-Packard is suing for the wrongful failure to pay overtime compensation to technical support workers. The lawsuit alleges that HP improperly classified tech support employees as exempt from state and federal wage and hour laws, thereby preventing them from receiving the overtime compensation they are entitled to. The class action is intended to represent all HP employees nationwide.
HP’s alleged wrongful misclassification of tech workers as contractors and failure to pay overtime has been the subject of many lawsuits. In 2006, IBM paid $65 million to settle a lawsuit filed by tech support employees claiming that the company misclassified them as exempt from overtime pay. HP also allegedly failed to give tech support workers proper benefits, such as health insurance and vacation pay.
Computer sciences corp. underpays more than 1,000 workers
The federal government has settled a class-action lawsuit against the defense contractor Computer Sciences Corporation (CSC), now known as DXC Technology. A jury found that the company misclassified employees and underpaid them, as well as improperly billing for overtime pay. The verdict is pending, but it will likely be a large sum of money. DXC plans to appeal the decision. While this is not the first case filed by CSC, it will likely be the last.
The plaintiffs, almost 1,000 current and former IT professionals may be entitled to $30 million in overtime wages. The class includes more than 1,000 workers, including system administrators and other computer and network administrators. The decision comes after a jury trial in Connecticut that resolved a series of remedies questions. The federal judge ordered CSC to pay its workers overtime at 1.5 times their regular wage for time spent off the clock. This rate fluctuates between half of their regular pay and full pay for extra hours during the workweek.