Click here to monitor SSC
SQLServerCentral is supported by Redgate
 
Log in  ::  Register  ::  Not logged in
 
 
 


Client does not want to pay overtime. How to deal with it ?


Client does not want to pay overtime. How to deal with it ?

Author
Message
Evil Kraig F
Evil Kraig F
SSCertifiable
SSCertifiable (5.7K reputation)SSCertifiable (5.7K reputation)SSCertifiable (5.7K reputation)SSCertifiable (5.7K reputation)SSCertifiable (5.7K reputation)SSCertifiable (5.7K reputation)SSCertifiable (5.7K reputation)SSCertifiable (5.7K reputation)

Group: General Forum Members
Points: 5715 Visits: 7660
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
ACinAZ
ACinAZ
SSC-Enthusiastic
SSC-Enthusiastic (115 reputation)SSC-Enthusiastic (115 reputation)SSC-Enthusiastic (115 reputation)SSC-Enthusiastic (115 reputation)SSC-Enthusiastic (115 reputation)SSC-Enthusiastic (115 reputation)SSC-Enthusiastic (115 reputation)SSC-Enthusiastic (115 reputation)

Group: General Forum Members
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.
SQL Guy 1
SQL Guy  1
SSChasing Mays
SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)

Group: General Forum Members
Points: 637 Visits: 2452
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.
MMartin1
MMartin1
Ten Centuries
Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)

Group: General Forum Members
Points: 1124 Visits: 2015
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.

----------------------------------------------------
How to post forum questions to get the best help
wolfkillj
wolfkillj
Ten Centuries
Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)

Group: General Forum Members
Points: 1110 Visits: 2582
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
MMartin1
MMartin1
Ten Centuries
Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)

Group: General Forum Members
Points: 1124 Visits: 2015
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.

----------------------------------------------------
How to post forum questions to get the best help
wolfkillj
wolfkillj
Ten Centuries
Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)Ten Centuries (1.1K reputation)

Group: General Forum Members
Points: 1110 Visits: 2582
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
hakim.ali
hakim.ali
Say Hey Kid
Say Hey Kid (673 reputation)Say Hey Kid (673 reputation)Say Hey Kid (673 reputation)Say Hey Kid (673 reputation)Say Hey Kid (673 reputation)Say Hey Kid (673 reputation)Say Hey Kid (673 reputation)Say Hey Kid (673 reputation)

Group: General Forum Members
Points: 673 Visits: 1020
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
Eric M Russell
Eric M Russell
SSCarpal Tunnel
SSCarpal Tunnel (4.7K reputation)SSCarpal Tunnel (4.7K reputation)SSCarpal Tunnel (4.7K reputation)SSCarpal Tunnel (4.7K reputation)SSCarpal Tunnel (4.7K reputation)SSCarpal Tunnel (4.7K reputation)SSCarpal Tunnel (4.7K reputation)SSCarpal Tunnel (4.7K reputation)

Group: General Forum Members
Points: 4657 Visits: 9579
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.


"The universe is complicated and for the most part beyond your control, but your life is only as complicated as you choose it to be."
SQL Guy 1
SQL Guy  1
SSChasing Mays
SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)SSChasing Mays (637 reputation)

Group: General Forum Members
Points: 637 Visits: 2452
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.
Go


Permissions

You can't post new topics.
You can't post topic replies.
You can't post new polls.
You can't post replies to polls.
You can't edit your own topics.
You can't delete your own topics.
You can't edit other topics.
You can't delete other topics.
You can't edit your own posts.
You can't edit other posts.
You can't delete your own posts.
You can't delete other posts.
You can't post events.
You can't edit your own events.
You can't edit other events.
You can't delete your own events.
You can't delete other events.
You can't send private messages.
You can't send emails.
You can read topics.
You can't vote in polls.
You can't upload attachments.
You can download attachments.
You can't post HTML code.
You can't edit HTML code.
You can't post IFCode.
You can't post JavaScript.
You can post emoticons.
You can't post or upload images.

Select a forum

































































































































































SQLServerCentral


Search