Click here to monitor SSC
SQLServerCentral is supported by Red Gate Software Ltd.
 
Log in  ::  Register  ::  Not logged in
 
 
 
        
Home       Members    Calendar    Who's On


Add to briefcase ««123»»

Client does not want to pay overtime. How to deal with it ? Expand / Collapse
Author
Message
Posted Tuesday, March 12, 2013 5:35 PM


SSCertifiable

SSCertifiableSSCertifiableSSCertifiableSSCertifiableSSCertifiableSSCertifiableSSCertifiableSSCertifiableSSCertifiable

Group: General Forum Members
Last Login: Yesterday @ 6:13 PM
Points: 6,175, Visits: 7,254
I've been consulting for years, and every now and then this lovely little item pops up.

I ignore the 30 minute calls on the weekend if I don't have to login if I just have to help the DBA(s) figure out what went sideways as a developer.

However, I also make it very clear to prospective employers that I charge 1 hour for every 4 simply for being ON CALL, forget if they need to actually use me, then it's full rate, when I'm doing DBA work. It's not negotiable.

In a case like this, it's a simple binary option for the employer. My hours are on the timesheet. Pay them or I walk. We're not discussing it. Part of the reason I contract is because so many employers think tech workers don't need sleep nor weekends.



- Craig Farrell

Never stop learning, even if it hurts. Ego bruises are practically mandatory as you learn unless you've never risked enough to make a mistake.

For better assistance in answering your questions | Forum Netiquette
For index/tuning help, follow these directions. |Tally Tables

Twitter: @AnyWayDBA
Post #1430159
Posted Wednesday, March 13, 2013 12:08 PM
SSC-Enthusiastic

SSC-EnthusiasticSSC-EnthusiasticSSC-EnthusiasticSSC-EnthusiasticSSC-EnthusiasticSSC-EnthusiasticSSC-EnthusiasticSSC-Enthusiastic

Group: General Forum Members
Last Login: Tuesday, April 1, 2014 3:27 PM
Points: 115, Visits: 957
You didn't indicate where you are located, but if you don't report actual hours worked, you may be opening yourself, the consulting company you work for, and the client up to problems. If you don't get any good, reasonable answers from your company's HR folk (I know, I know...) then you might want to get in touch with a lawyer who deals with labor laws and can advise you what you can/should do.
Post #1430559
Posted Wednesday, March 13, 2013 6:11 PM
SSC-Addicted

SSC-AddictedSSC-AddictedSSC-AddictedSSC-AddictedSSC-AddictedSSC-AddictedSSC-AddictedSSC-Addicted

Group: General Forum Members
Last Login: Yesterday @ 8:00 AM
Points: 432, Visits: 1,344
ACinKC (3/13/2013)
You didn't indicate where you are located, but if you don't report actual hours worked, you may be opening yourself, the consulting company you work for, and the client up to problems. If you don't get any good, reasonable answers from your company's HR folk (I know, I know...) then you might want to get in touch with a lawyer who deals with labor laws and can advise you what you can/should do.


I am located in NY and work in NY, and my formal employer is in PA.
Post #1430700
Posted Sunday, July 21, 2013 5:16 PM


Old Hand

Old HandOld HandOld HandOld HandOld HandOld HandOld HandOld Hand

Group: General Forum Members
Last Login: Yesterday @ 5:48 PM
Points: 321, Visits: 825
This issue may have more than meets the eye. Depending on the exact work that you do and the money you make, the company may be able to say you are an exempt employee. What your own company does may (or may not) have bearing, unless there is something explicit in the contract. See the CFR (code of federal regulation) section 541. It discusses the legal basis for exempting individuals from overtime, and are generally sctrict. You can search "CFR 541 DOL" where dol is the department of labor.

Your job likely falls under the "computer professional" and they can be exempt employee under the code (again depending on the majority or priority of your tasks and your salary).

If you feel you are entitled to overtime, always keep track of your hours on your own and contact the local labor board where you reside or where you did the work. One of those will have jurisdiction to review the matter.
Post #1475843
Posted Monday, July 22, 2013 10:45 AM


Ten Centuries

Ten CenturiesTen CenturiesTen CenturiesTen CenturiesTen CenturiesTen CenturiesTen CenturiesTen Centuries

Group: General Forum Members
Last Login: Wednesday, July 16, 2014 3:21 PM
Points: 1,210, Visits: 2,512
mmartin1 (7/21/2013)
This issue may have more than meets the eye. Depending on the exact work that you do and the money you make, the company may be able to say you are an exempt employee. What your own company does may (or may not) have bearing, unless there is something explicit in the contract. See the CFR (code of federal regulation) section 541. It discusses the legal basis for exempting individuals from overtime, and are generally sctrict. You can search "CFR 541 DOL" where dol is the department of labor.

Your job likely falls under the "computer professional" and they can be exempt employee under the code (again depending on the majority or priority of your tasks and your salary).

If you feel you are entitled to overtime, always keep track of your hours on your own and contact the local labor board where you reside or where you did the work. One of those will have jurisdiction to review the matter.


The OP doesn't meet the very first requirement to be considered an exempt employee - he stated that he's "hourly-paid". As explained in 29 CFR Part 541, Subpart G, to be considered exempt from the minimum wage and overtime requirements, an employee must be compensated on a "salary basis", i.e., the employee receives a fixed amount per pay period that is not subject to reduction based on the quantity or quality of work. Plus, the salary must be at least $455 per week.

As for those of us "computer employees" paid a salary, well, we're just stuck working the long hours!


Jason Wolfkill
Blog: SQLSouth
Twitter: @SQLSouth
Post #1476141
Posted Monday, July 22, 2013 10:54 AM


Old Hand

Old HandOld HandOld HandOld HandOld HandOld HandOld HandOld Hand

Group: General Forum Members
Last Login: Yesterday @ 5:48 PM
Points: 321, Visits: 825
mmartin1 (7/21/2013)This issue may have more than meets the eye. Depending on the exact work that you do and the money you make, the company may be able to say you are an exempt employee. What your own company does may (or may not) have bearing, unless there is something explicit in the contract. See the CFR (code of federal regulation) section 541. It discusses the legal basis for exempting individuals from overtime, and are generally sctrict. You can search "CFR 541 DOL" where dol is the department of labor.

Your job likely falls under the "computer professional" and they can be exempt employee under the code (again depending on the majority or priority of your tasks and your salary).

If you feel you are entitled to overtime, always keep track of your hours on your own and contact the local labor board where you reside or where you did the work. One of those will have jurisdiction to review the matter.


The OP doesn't meet the very first requirement to be considered an exempt employee - he stated that he's "hourly-paid". As explained in 29 CFR Part 541, Subpart G, to be considered exempt from the minimum wage and overtime requirements, an employee must be compensated on a "salary basis", i.e., the employee receives a fixed amount per pay period that is not subject to reduction based on the quantity or quality of work. Plus, the salary must be at least $455 per week.

As for those of us "computer employees" paid a salary, well, we're just stuck working the long hours!


Ahh, Good note there. I guess that solves that mystery. I for one am not a fan of reading legal text that goes on and on.
Post #1476147
Posted Monday, July 22, 2013 11:40 AM


Ten Centuries

Ten CenturiesTen CenturiesTen CenturiesTen CenturiesTen CenturiesTen CenturiesTen CenturiesTen Centuries

Group: General Forum Members
Last Login: Wednesday, July 16, 2014 3:21 PM
Points: 1,210, Visits: 2,512
mmartin1 (7/22/2013)
mmartin1 (7/21/2013)This issue may have more than meets the eye. Depending on the exact work that you do and the money you make, the company may be able to say you are an exempt employee. What your own company does may (or may not) have bearing, unless there is something explicit in the contract. See the CFR (code of federal regulation) section 541. It discusses the legal basis for exempting individuals from overtime, and are generally sctrict. You can search "CFR 541 DOL" where dol is the department of labor.

Your job likely falls under the "computer professional" and they can be exempt employee under the code (again depending on the majority or priority of your tasks and your salary).

If you feel you are entitled to overtime, always keep track of your hours on your own and contact the local labor board where you reside or where you did the work. One of those will have jurisdiction to review the matter.


The OP doesn't meet the very first requirement to be considered an exempt employee - he stated that he's "hourly-paid". As explained in 29 CFR Part 541, Subpart G, to be considered exempt from the minimum wage and overtime requirements, an employee must be compensated on a "salary basis", i.e., the employee receives a fixed amount per pay period that is not subject to reduction based on the quantity or quality of work. Plus, the salary must be at least $455 per week.

As for those of us "computer employees" paid a salary, well, we're just stuck working the long hours!


Ahh, Good note there. I guess that solves that mystery. I for one am not a fan of reading legal text that goes on and on.


Legislators and regulators have a nasty habit of burying the crux of the matter in the darkest, most obscure corners of the text. You get your secret decoder ring when you graduate from law school.


Jason Wolfkill
Blog: SQLSouth
Twitter: @SQLSouth
Post #1476169
Posted Tuesday, July 23, 2013 7:01 AM


Mr or Mrs. 500

Mr or Mrs. 500Mr or Mrs. 500Mr or Mrs. 500Mr or Mrs. 500Mr or Mrs. 500Mr or Mrs. 500Mr or Mrs. 500Mr or Mrs. 500

Group: General Forum Members
Last Login: Friday, July 25, 2014 7:21 AM
Points: 524, Visits: 800
Evil Kraig F (3/12/2013)
...I charge 1 hour for every 4 simply for being ON CALL, forget if they need to actually use me, then it's full rate, when I'm doing DBA work. It's not negotiable...Pay them or I walk. We're not discussing it. Part of the reason I contract is because so many employers think tech workers don't need sleep nor weekends.


Well said.


Hakim Ali
www.sqlzen.com
Post #1476557
Posted Tuesday, July 23, 2013 2:40 PM


SSCommitted

SSCommittedSSCommittedSSCommittedSSCommittedSSCommittedSSCommittedSSCommittedSSCommitted

Group: General Forum Members
Last Login: Yesterday @ 10:40 AM
Points: 1,606, Visits: 4,599
Are you sure you personally are a consultant?

If you're paid a salary by your employer, then you're no more a consultant than the receptionist is, even if your employer does bill hours to the client.
Post #1476797
Posted Friday, July 26, 2013 7:26 PM
SSC-Addicted

SSC-AddictedSSC-AddictedSSC-AddictedSSC-AddictedSSC-AddictedSSC-AddictedSSC-AddictedSSC-Addicted

Group: General Forum Members
Last Login: Yesterday @ 8:00 AM
Points: 432, Visits: 1,344
Employee or consultant, it's not such important how I am called. But here is the situation, and I'll try to explain it as clear as possible.

I am employee of a company I will call "A". They pay me on W-2 on hourly basis. But I am placed on a project for a company called "B". I even have not ever been in A's office. My desk and PC in B's place.

Every week I fill out online timesheet which is also accessible by my A's manager. There are some weeks when I work 50 hours and put the same into timesheet. But B's manager approves only 40. Hence A pays me only 40 hours.
Post #1478255
« Prev Topic | Next Topic »

Add to briefcase ««123»»

Permissions Expand / Collapse