Do You Have to Pay People Who Work the Computer Help Desk Overtime Pay?
Since there is an overtime exemption for computer employees, computer help desk staff (a/k/a technical support or IT support) must be exempt from the overtime pay requirements, right?
Wrong. Tech support employees are not the right kind of computer employees that fit under that exemption. Remember: under the Fair Labor Standards Act, all employees earn overtime pay unless they qualify for a specific exemption. Overtime wages, even for technology workers, is the default.
The computer employee exemption covers any employee who is a computer systems analyst, programmer, software engineer, or other similarly skilled worker, whose primary duty entails such things as—
• the application of systems analysis techniques and procedures; or
• the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs
The average help desk employee is not an analyst, programmer, or engineer, and her primary duty is not creating, modifying, or adapting systems and software. Instead, she’s a trouble shooter applying well established techniques, or a repair person. Since the regulations specifically make the exemption unavailable to “employees engaged in the manufacture or repair of computer hardware and related equipment,” the Department of Labor. (“DOL”) has had no difficulty ruling that tech support by any name does not qualify for the exemption.
This does not lessen the importance of tech support positions. (Anyone who doesn’t think good tech support is invaluable doesn’t have a computer!) After all, many of the most demanding and socially necessary professions, like police officers and fire fighters, are non-exempt, too. And given the hours employers typically make their tech support departments work, help desk staff are probably very happy to qualify for overtime pay.
The only ones not happy are likely employers hoping to save money by not paying IT support their overtime wages. However, given the enormous potential liability for misclassifying workers, those employers would be much less happy if they deny the help desk overtime pay and are caught at it by the DOL.
There is simply no ambiguity or gray area: help desk and other IT support staff must be paid overtime wages if they work over 40 hours in a workweek.
How does this impact non-exempt computer employees who are paid on a salary basis?
If an employee is properly classified as "nonexempt" based on his or her duties and responsibilities, that classification entitles an employee to overtime pay. Paying an employee on a salary does not usually change the employee's classification.
Is this for every State?
Also, where it state, Salary (or fee) of at least $455 per week or an hourly wage of at least $27.63." Is that stating if your salary over the $455 per week your Exempt even if your help desk?
This blog was based on Federal law. Whether it applies to a particuler employer depends on a number of factors.
Paying an employee on a salary does not usually render the employee exempt if the employee's duties do not fall under an exemption.