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Fighting for Your Overtime?
Papa Legba asks: "I am in a battle, with a now ex-employer, over the unpaid overtime that I incurred while working in their IT department. I refused to accept the answer 'you are a computer guy, you don't get overtime' and did some looking. My research has turned up these relevant documents: the definition of exempt Computer professional at section 13(a)(17) of the FLSA managed by the Department of Labor, the amendments in the ESA labeled C.F.R.541.3(a)(4) and C.F.R.541.303 , and a site referring to a letter, which I cannot find a copy of. The letter describes a Dept. of Labor ruling from December 4, 1998 that set out who qualifies as a computer professional. Can anyone find this letter, and is there any more documents that I am missing. I have a lawyer but this is a very specific area and I want to do this right. Has anyone else fought this battle?"
The last thing you want to do is tarnish your reputation with a lawsuit against your employer.
Your next potential employer is going to call your last employer. Your last employer is not going to say nice things about you. Your chances of getting hired are going to be much lower, particularly in an industry with such a high rate of unemployment.
I'd sit down and resolve this out of court, amicably, and leave on terms where they wouldn't mind hiring you back. This doesn't mean "bend over", it means work it out like adults and figure out a solution that suits you both and makes you both happy. You'll find your employers are just as human as you are, and would rather make a friend than an enemy. (They don't need an engineer running around telling people what a sweatshop their hole is, either! See, it goes both ways!)
And next job you get, get overtime conditions in the contract if you really want it. Don't rely on federal or state law to back you up, work it out like adults. Treat the employer not as a "proletariat", but as a business partner. They are giving you cash and you're giving them your time, talents, and sweat. It really is a business negotiation and not slavery.
I'm surprised your lawyer hasn't clued you in on this. Maybe he smells blood in the water and is willing to sacrifice you for it. The best lawyers I've met have always resolved things out of court farily and without hard feelings between the parties. Heck, they actually would encourage me to make the call because (1) they charge big $$$ for it and (2) things work out better when the parties talk to each other directly.
The other lawyers are out for the cash and don't give a damn about their clients. Is he representing your long-term interests or does he only see the payola?
The radical sect of Islam would either see you dead or "reverted" to Islam.
Shut up and get back to work! :)