Overtime Required for The IT Help Desk Worker

Contrary to the belief of some computer industry executives, many IT Support Specialists are entitled to overtime for their work. The new Fair Labor Standards Act regulations, effective on August 23, 2004, created an exemption for computer employees, including systems analysts, programmers, software engineers and other similarly skilled workers. But what about the help desk worker? On October 26, 2006, the Department of labor rendered its opinion that such an employee is not exempt from overtime.

The primary duty of an IT Support Specialist is to install, configure, test and trouble shoot computer applications, networks and hardware. Their primary duties do not involve “the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications,” nor does it involve the “design, development, documentation, analysis, creation, testing or modification of computer systems or programs” to build or modify programs or operating systems. (FLSA 2006-42). Thus, they are entitled to payment for overtime.

If you work more than 40 hours a week providing help desk support, without receiving overtime pay, give us a call.