619-342-8000
Are You Owed Overtime at a Tech Company?
It is often difficult for people who work in tech or IT fields to keep track of what compensation they are entitled to and what can be done if they aren’t being compensated properly. Unfortunately, software engineers and other IT professionals are often underpaid and must leverage the legal system to obtain the compensation they are owed because they’re protected by federal and state laws.
If you’re in the tech industry or work as a tech or IT professional, you can fight for the fair compensation you’re owed by reaching out to Haggequist & Eck, LLP today. Our attorneys will work with you to understand your situation, help you know how the law may apply to it, and how we can help you seek fair and just compensation if you’ve been incorrectly paid for your work.
Contact us online or call
619 342-8000 to schedule a complimentary case evaluation so that we can discuss your
concerns and goals for taking legal action.
Types of Compensation
Software Engineers Are Owed
There are several different categories of compensation to which
you may be entitled as a software engineer.
You may be entitled to the following types of compensation:
- Overtime pay
- Holiday and weekend work
- Time spent being on-call or on stand-by
- Hours worked “off the clock” (such as from home or before or after your scheduled shift)
- Time spent logging in or off the system
- Reimbursement for expenses (such as using your personal cell phone for business purposes)
One of the most common instances in which many employers fail to compensate their IT professionals correctly is for overtime pay. If you’ve worked more than 40 hours in one week or eight hours in one day, contact an attorney for software engineers in San Diego for help seeking compensation for unpaid overtime.
Sometimes employers simply fail to pay the correct amount for holiday and weekend work or when they ask their employees to be on-call or reply to emails after work hours. Sometimes IT professionals, such as software engineers, even feel pressured to perform extra work “off the clock” to meet deadlines or unfair expectations, and employers even refuse to pay their employees for time spent logging into the computer.
In any of these instances sound familiar to your work life, reach out to an attorney from Haeggquist & Eck, LLP for help.
Does Your Employer Claim You’re
Exempt from Overtime Pay?
California law exempts certain IT professionals from being guaranteed
overtime pay. You are not exempt from overtime pay if:
- Are not primarily engaged in intellectual or creative work requiring the exercise of independent judgement and discretion
- You are not highly skilled and proficient in the application of highly specialized information relevant to computer systems analysis, software engineering, or programming
- You do not earn at least $46.55 hourly or $96,968.33 per year, paid on a monthly basis.
Independent Contractors
& Employees in Tech
Another way employers can under compensate IT professionals is by misclassifying them as contractors instead of employees. Just because the company that signs your paychecks calls you a contractor does not mean that is legally the correct classification.
If you have to report certain hours and behave in a prescribed manner, or if you have little control over the process in which you get work completed, then you might be considered an employee in the eyes of the law. If that is the case, you could be entitled to increased compensation and benefits and should seek them with the assistance of an attorney for software engineers near San Diego.
What You Can Do If You Are
Not Fairly Compensated
- Overtime pay
- Holiday and weekend work
- Time spent being on-call or on stand-by
- Hours worked “off the clock” (such as from home or before or after your scheduled shift)
- Time spent logging in or off the system
- Reimbursement for expenses (such as using your personal cell phone for business purposes)
If you believe you are not being paid properly, you should consider contacting a lawyer who specializes in employment law. An attorney like one of ours at Haeggquist & Eck, LLP can help you recover back pay, overtime pay, compensation for hours worked off the clock, as well as other forms of compensation.
Additionally, your employer is barred by law from retaliating against you for exercising your legal rights, which means you shouldn’t feel afraid to speak with an attorney about your concerns. Any conversations we have with you are entirely confidential and having those discussions can help us get you the compensation you’re entitled to if your employer has failed to comply with state and federal wage and labor laws.
