Certain types of computer software employees may be entitled to overtime pay. Generally, hourly-paid, highly skilled computer software employees who exercise discretion and independent judgement in the performance of their work, and who receive at least $41 per hour are exempt from the payment of overtime. However, there are certain other specified conditions that apply to computer software employees which may affect their exempt status. If you have been improperly classified as exempt from the payment of overtime by your employer, you may be entitled to penalties, interest, and reimbursement of reasonable attorney fees and costs, in addition to overtime pay.

Moreover, employees who have complained about a misclassication and who have suffered adverse consequences as a result, may also have a separate claim of Retaliation which may make available the following additional damages: Compensatory damages, emotional distress damages, and punitive damages.

If you are a computer software employee and would like an evaluation as to whether you are entitled to overtime pay, please contact Duvel & Duvel, PLC for further information.