Should IT workers be paid overtime?

A class action lawsuit filed by a former Apple network engineer raises a question of importance to the IT community: Are professionals such as network engineers, network administrators and network support staff covered by the Fair Labor Standards Act (FLSA) and entitled to overtime pay?

The IT workers claim they are covered, and that Apple misclassified them as exempt from the federal law. CIO.com reports that for Apple to prevail, it will have to prove that the workers exercise independent judgment and discretion in their jobs, and are not simply carrying out repeatable tasks.

In 2007, IBM workers in a similar situation settled a lawsuit for $65 million. There are various provisions and definitions in the federal law that sometimes are blurry, but there is a computer professionals exemption. This applies to computer systems analysts, computer programmers, software engineers and software developers whose primary duties consist of some combination of design, development, documentation, analysis, creation, testing, or modification of computer systems and programs, and who earn at least $455 per week on a salaried basis. However, it does not pertain to help desk workers, or to employees involved in the manufacture or repair of computer hardware.
 
For more on the lawsuit and the law:
- check out this CIO.com article