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Many IT Workers Do Not Receive Their Rightful Overtime Pay

June 1st, 2020 Christopher Davis

ITMany information technology employees work long hours for low pay and no overtime compensation.  The health care industry has started hiring more IT consultants to implement new software, train employees on how to use them, and provide ongoing application support services for colleagues and clients.  Many of these workers are considered independent contractors who are given hourly wages with no overtime compensation as a matter of company policy.  However, an employer can only withhold overtime pay if a worker falls under the executive, administrative, professional, computer employee, outside sales, or highly compensated employee exemptions according to the Fair Labor Standards Act (FLSA).  In 2006, the Department of Labor issued an opinion letter that stated that IT Support Specialists must receive overtime pay because they do not qualify for the administrative or computer employee exemptions.  IT workers do not exercise “discretion and independent judgment with respect to matters of significance” in many cases, so they must still receive overtime compensation from their employers.

Some examples of IT workers who are often denied their rightful overtime pay include Health Care EMR (Electronic Medical Record) Consultants, Workforce Management Consultants, Product Consultants, Facilitation Consultants, Training Consultants, and Implementation Specialists. Many hospitals also use electronic medical record health care software like Epic Systems that provide functions related to patient care, scheduling, and billing.  IT consultants like Epic Implementation Specialists, Epic Analysts, Epic Software Specialists, and Epic Service Desk workers that provide software support to hospitals are also entitled to overtime compensation.

Case Study: DYSE V. HealthAll Consulting

IT workers who have not received overtime pay can start a class-action lawsuit with hundreds to thousands of similarly situated employees against their company to seek compensation for their unpaid wages.  A small group of plaintiffs can submit a complaint on behalf of a “class” with similar legal claims that would be too expensive and time-consuming to litigate individually.

For example, in 2019, a consultant named Heather Dyse who provided electronic recordkeeping support filed a collective action complaint against HealthAll Consulting, for unpaid overtime wages.  Collective action lawsuits are similar to class actions, but they require that members of the class “opt-in” to the lawsuit with written consent forms.  In 2020, the court approved Heather Dyes’ collective action group—all consultants who worked in her location (Huntsville, Alabama) in the past three years who were classified as independent contractors and did not receive overtime pay.  In some cases, class or collective action lawsuits like this can be very profitable for the individuals involved.

Seek Legal Assistance Today

If you are not getting paid your rightful overtime compensation, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel.