Under what circumstances are computer professionals entitled to time-and-a-half for hours worked in excess of 40 hours per week under federal law? The common perception is that such individuals are “exempt” employees not entitled to overtime pay. However, while those who design or modify computer programs, networks or systems are exempt, individuals who “troubleshoot” or repair software and systems problems or perform “help” desk services are usually not.
Under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. Section 201-219, employees may earn “time-and-a-half” for work performed in excess of 40 hours per week. 29 U.S.C. Section 207(a) (1). An employer who violates the FLSA’s overtime provisions is liable to the employee for the unpaid overtime compensation; “[an] additional equal amount as liquidated damages”; attorney’s fees and costs. 29 U.S.C. Section 216(b).
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