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.
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 |
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
Do I Have to Be Employed to Get the Bonus or Commission I Earned in Pennsylvania?
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 Are Employment Attorneys
Representing Employees
We are employment lawyers who represents employees in Pennsylvania.
We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.
Pennsylvania Employment Attorneys Provides Free Telephone Consultations
If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027. We are always glad to spend some time with people via a free telephone consultation.
Thanks for checking in with us.