The good news is that we're going to pay you overtime. The bad news is that we're cutting your salary.

Amid this uncertainty, worker advocates say, thousands of technology professionals could be missing out on compensation they deserve, while others could lose overtime eligibility. And for employers, the uncertainty could lead to new headaches in calculating who gets overtime pay--and a higher risk of lawsuits to sort out whether they got it right.

It's like this. You sell your labor for the highest price you can get for the job you want to do. If you think you should be able to charge overtime, then quit and go work someplace else that lets you charge overtime. But suing your employer seems a little too adversarial to me.