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A significant trend in wage and hour law is the number of Computer and IT workers, particularly those in the service industry, who are filing lawsuits seeking to recover unpaid overtime. Many employers mistakenly regard overtime pay as a benefit available only to “blue collar” workers, and misclassify high-tech employees as exempt from the overtime pay requirements of the Fair Labor Standards Act. The Act, however, does not exempt all “white collar” employees from the overtime pay requirements. In addition, many computer and IT employees work long hours and their jobs require significant travel. Our firm believes that the number of lawsuits filed by “white collar” service industry workers, including high-tech and computer employees, will continue to rise. Moreover, because employers in these industries frequently misclassify large groups of employees, many of these lawsuits will likely be brought as class actions.

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