Wednesday, September 28, 2011

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

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.

Computer Professionals in Pennsylvania Entitled to Overtime
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!

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.  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.

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.

Overtime Lawyer in Pennsylvania Since 1991
Philadelphia Area Employment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Overtime Attorney Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Overtime Labor Lawyer Near Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

Thanks for checking in with us.


D James B said...

I work for an engineering company in Pennsylvania. I have logged almost 400 hours of billable work last month, and on other several occasions have worked in excess of 60 hours per week.

Other engineers have similar schedules, yet our managers say that we are not entitled to OT unless the project contract specifically says so.

Are the managers correct, or do we all have compensation claims?

Leo Star said...