August 8th, 2022
Posted By
Kerry V. O’Brien

One job position commonly treated as exempt from overtime, but which appears to be non-exempt under the law (must be paid overtime pay), is a CAD (computer-aided design) drafter. CAD drafters typically use programs such as AutoCAD, IntelliCAD, and Siemens Solid Edge. While CAD drafters typically work on technical designs for complex machinery and structures, the work itself does not require an advanced degree, licensing, nor any specialized scientific knowledge. As a result, according the federal Fair Labor Standards Act, most CAD drafters must be paid an overtime premium when they work more than 40 hours in a workweek.

With this in mind, in April 2021 the O'Brien Law Firm filed suit in a Dallas court on behalf of a CAD drafter who worked for 7 years without properly being paid overtime, which he worked on an almost weekly basis. That case is 3:21-cv-01097, in the United States District Court for the Northern District of Texas. In August 2022, the parties resolved the dispute on confidential terms.

At the same time, this client, who is in his 70s, had a pending age discrimination claim against the same company in a Dallas County District Court. With the help of the O'Brien Law Firm, the parties subsequently resolved that dispute on confidential terms as well.