Yes. With very few exceptions, people who work in the computer and computer software industries for more than 40 hours per week must be paid overtime. They must be paid – giving them ‘comp time’ is generally not enough.
The requirement to pay overtime is contained in both the federal Fair Labor Standards Act and local state laws. Interpreting them is not easy so you should consult an employment law attorney if you are not being paid overtime.
Resources For Attorneys:
Employers often mistakenly use the FLSA’s ‘computer professional’ exemption to wrongly deny their employees overtime pay. The very limited exemption for computer professionals is contained 29 USC 213(a)(17) and US Department of Labor regulations implementing the law are contained in 29 CFR 541. The exemptions will generally NOT apply to people earning less than $27.63/hour and will NOT apply to any computer repair people.
The general requirement to pay overtime under Rhode Island law is contained in RIGL 28-12-4.1, subject to the exceptions contained in RIGL 28-12-4.3. The requirement under Massachusetts law is contained in MGL 151 Sec. 1A.