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


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

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Jeff Moden
Jeff Moden
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This is real easy but it doesn't sound like you've taken the first proper step. Contact company "A" and explain the situation. Then have company "A" inform company "B" that it's against their policy for their employees to work unpaid overtime simply because that's what the contract says... "All hours put in will be paid".

I believe you'll find that company "A" has such a policy and will be happy to help you enforce it.

--Jeff Moden

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Eric M Russell
Eric M Russell
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SQL Guy 1 (7/26/2013)
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.

It sounds like you're a sub-contractor. You're a W-2 employee and consulting firm A who bills your hours to client B, but you get paid no overtime. That's a standard deal for database administrators. If you conistently work more than 40 hours a week and don't feel as if you're not compensated fairly, then ask for a pay raise.


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crmitchell
crmitchell
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How I understand this is that you are an employee of Company A and should have a contract of employment with them. Company A has sold your services to Company B and there will be a contract for services between them. This is perfectly normal for any contractor.

The contract between company A and B may specify the hours you are expected to work. If you are being asked to work additional hours beyond this then tell your employeer (company A) as it seems likely that in this case Company B are failing to pay for all services provided. You may find that you are legally required to do this and not doing so could lead to you being open to legal repercussions due to falsifying your timesheet. In this case as the request is at the behest of Company B they would have no right to refuse to approve the extra hours on the timesheet and you should expect company A to pay you for those hours.

On the otherhand if you choose to work those hours without being asked then you should still include them on your timesheet. In this case Company B may refuse to authorise them - in this case stop volunteering your time for nothing.

In short the max (and min) hours you are expected to work should be spellt out in the contract between companies A and B - this will dictate what company A charges company B.
I would expect your contract with company A will also have clauses relating to working time and you need to check this as it will affect what you may be recompensed - it should also detail your entitlements to Holiday and sick pay. Your first step should be to discuss this with your HR department - that is Company A.
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