Don't just take it down. Destroy it. Make sure that any benefit your employer was receiving from it vanishes. If they claim ownership, despite the work having been done in your free time, demand the overtime pay. Make it clear that OSHA will be involved if they decline. Hardline dickery deservers to be repaid in kind. Ah: Edit still available: Destroy was the wrong word. Make inaccessible to everyone, including the e…
Overtime doesn't apply to white collar workers. I've not heard of OSHA being involved in employer IP issues, nor in any software engineering environment. Destroying something the company claims as their IP would subject someone to some serious criminal and civil liability. Also, if the guy didn't like his job, he'd probably find another one. I get the sense he wants to keep this one and maintain a civil employment.
Not true. Software developers are mostly exempt, but there are some that will be non-exempt from overtime based on their salary. If the person makes less than $455 a week as salaried or less than $27.63 an hour as an hourly employeed then they will be non-exempt (http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.htm). However, I have a feeling it would be hard to find somebody paid at that rate.