Wednesday, September 28, 2011

If You are a Computer Professional, You Are Entitled to Overtime in Pennsylvania

Under Pennsylvania Wage Law IT Specialists, Programmers and Computer Hardware Engineers, System Analysts and Web Developers Are Entitled to Overtime

Paycheck with White Overtime Stamp for Computer Professional
The Rules in Pennsylvania Different for IT Professionals

IT Professionals In Pennsylvania - Software Engineers, Analysts and IT Programmers Non-
Exempt From Overtime Under Pennsylvania's Minimum Wage Act 

Although federal law makes computer programmers, analysts, software engineer and the like exempt from overtime requirements, Pennsylvania's corresponding statute, the Pennsylvania Minimum Wage Act ("PMWA"), does not exempt computer professionals from overtime benefits.

Here is the short story about overtime.

Everyone is presumed to be entitled to overtime unless a law has stated that certain employee classifications are "exempt" from this requirement.  For all Americans, the exempted classifications are set forth in the federal Fair Labor Standards Act ("FLSA").  Many states, including Pennsylvania, have their own overtime laws, such as PMWA. 

You Can Recover Double Damages if You Are Fired for Demanding Overtime in Pennsylvania

There are severe penalties for failing to comply with state or federal overtime laws, the most notable of which is that employees who prove violations are in most cases entitled to receive, in addition to their unpaid overtime, a penalty equal to the amount of their unpaid overtime.  Thus, you can get $2 for every $1 of overtime you were not paid!


Judge Gavel on Pile of Cash Awarding Double Damages for Overtime Plaintiff
Double Damages for Intentional Failure to Pay Overtime

What Types of Employees Are Exempt From Receiving Overtime in Pennsylvania?

The most common exempt classifications under FLSA are bona fide executives, professionals, outside sales persons, computer professionals and administrative assistants.  So, if you fall into one of these classifications, you are not entitled to be paid overtime under FLSA

In most cases, the PMWA mirrors the FLSA, so exempt employees under FLSA are also exempt under PMWA. 

Pennsylvania IT Professionals Eligible for Overtime Pay 

However, this is not the case where computer professionals are concerned (parenthetically, the rules for outside sales persons in Pennsylvania are also more favorable to Pennsylvania employees than under FLSA).  Simply stated, PMWA does not include computer professionals within its exempt classifications. Thus, if you work in Pennsylvania and are a computer programmer, analyst, software engineer, etc. then you should be paid overtime.

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

Overtime Rules, Regulations and Laws in Pennsylvania 

Two Important Differences in Pennsylvania Law for Overtime Claims - Sales Persons and IT Professionals

Comparing Pennsylvania's State Overtime Law, the Minimum Wage Act, with its Federal Counterpart, the Fair Labor Standards Act - Pennsylvania Wage and Hour Lawyers

Do I Have to Be Employed to Get the Bonus or Commission I Earned in Pennsylvania?

Are You Owed Money by Your Former Employer?  Pennsylvania's Wage Payment and Collection Law is a Powerful Statute

Misclassification of Employees as Independent Contractors - What's That Mean? Pennsylvania Contingent Fee Lawyers Explain

Can 1099 Workers Get Overtime? What Can I Do if I Have Been Misidentified as an Independent Contractor (Paid on a 1099) When I Should be Deemed to be an Employee (w-2 Worker?)  Pennsylvania Employment Lawyers Explain

Am I Really a Self-Employed Independent Contractor?  How Do I Know if I am Self-Employed or Properly Identified as a 1099 Employee??

If You Are Terminated for Seeking Overtime Pay, Your Employer Violated the Law

If you believe you are entitled to overtime for which you have not been paid, you will definitely want to consider contacting an attorney to protect and/or prosecute your rights.  That is so because, if you register a complaint demanding overtime and are fired thereafter, you will have a good case if you can prove that you were fired because of your complaint.

Philadelphia Area Employment Attorney Representing Employees Seeking Overtime

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