IT employee second guess exemption status and lack of overtime pay

An employee from Canada who works for an IT company based in California recently announced he and coworkers are seeking advice to determine whether their employer has been underpaying them for their time and attendance, according to online legal news source Lawyers and Settlements.

The individual, who is referred to as Trevor in the article, explained that workers were required to work weekends on a regular basis, but were not paid any more for their additional time on the clock because they were considered exempt as computer specialists, the source adds.

Within a year, Trevor estimated he should have racked up around 1,000 hours of employee attendance outside of his normal 40 hours work weeks. When the issue was brought to the employer's attention, a new policy was put in place that replaced overtime pay with compensated time off, but workers ultimately suspected their supervisor knew about the violations and continue to deny them wages they had rightfully earned.

The Fair Labor Standards Act (FLSA) does include minimum wage and overtime exemptions for some skilled computer workers if they meet very specific criteria regarding their weekly and annual pay as well as regularly performed job duties. If employers are not familiar with these specifications, they can outsource human resources to skilled professionals who understand the intricacies of state and federal laws.