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Law Firm Fighting For White Collar (IT) Overtime
Maximum Prophet writes "Programmers and System Administrators typically don't get overtime. A law firm based in Nevada is looking to stand up for white-collar workers around the country, trying to reverse decades-old (and incorrect) thinking about what it means to work in an office. 'Computer workers of various stripes, for example, have commonly not been paid for their extra hours ... But under California law, the exemption applies only for workers whose primary function involves "the exercise of discretion and independent judgment." In numerous lawsuits, Thierman and other plaintiffs' attorneys have alleged that legions of systems engineers, help desk staff, and customer service personnel do no such thing. Of programmers, Thierman says, "Yes, they get to pick whatever code they want to write, but they don't tell you what the program does ... All they do is implement someone else's desires.'"
It sounds like they are only doing this in California, which has ad the IT exemption for decades. For the rest of the country, IT workers were getting overtime until the so-called Fair Pay Act of 2004, which exempts IT workers (and other fields as well) from overtime, in exchange for guaranteeing overtime pay for anyone making less than about $23,000 a year. Of course, there are no IT workers making such a low wage (except in India), so that means all IT workers became affected.
I, myself was getting overtime pay until 2005.
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Before the government started dictating terms of employment, working 12 hours per day, 6 days per week was the norm. Maybe you want to go back to that plan.
I'll agree..it takes a bit to learn at first, especially if you're like me, and not a real organized, paperwork type person. But, it is easily learned. I got a CPA to show me how and what to fill out. A few hours every month is not that big a price to pay if you want to make and KEEP more of your hard earned money. You pay bills don't you? This is pretty much just like adding a few more bills to the pile as far as time and paperwork go. I'd argue the benefits outweigh extra time consumed.
"In addition, most employer companies will not contract directly, you have to go through another shop, that takes a cut. Nowdays, being independant is far less of an option than it used to be."
To a great extent yes....but, one side benefit of this, it does take a bit of the risk of having to look for all the jobs yourself...which keeps a lot of people out of this type gig. No, you often don't get the full bill rate, but, getting $55-$70/hr isn't that hard, and it can make for a great living if you don't spend a ton, and wisely invest. One thing that companies WON'T do...is generally hire you 1099 directly...too much a risk to them from the IRS or you claiming to really be an employee later in life.
Incorporate yourself (I went the "S" corp route)...and when you do a direct contract gig....you can do it corp2corp which shields everyone from the "employee" entrapment possibilities that can happen.
"The attitude that if you are not willing to jump through all the hoops that the big-business/government coalition puts in your way, you do not deserve to earn a decent wage is just Nietzscheian nonsense."
Well, I don't know about the attitude comment. I take the attitude that I have to be willing to do what it takes or do that bit extra to excel in the current work environment. As I wrote before, I perceive that jobs and employment have changed a great deal....especially since my parents' time. Since I do not perceive a direct job to have the benefits of old (job security, loyalty to employees, room to grow) I see a new paradigm for working if you want to make and keep money.
And also, I guess it depends on what you think a 'decent' wage is. If you are willing to settle for what they'll pay you direct...and the unpaid OT...more power to you. But, in this day in age and the current market and where I think I forsee it going....I think the only way to have a positive employment future is to go more on your own, and take charge more of your own HR needs. YMMV of course.
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
That's great to a point--I'm also a contractor and prefer it for precisely the same reasons.
HOWEVER, there are circumstances of our current economy that make it simply not an option for many people. Namely, if you have any sort of medical condition, especially of the chronic and/or cardiac variety, and you don't want to die an early death or live in poverty conditions despite making $100k+ per year, getting individual or small group health insurance is a near impossibility and you're pretty much forced to work for a company with decent large group coverage.
Despite the FUD about "HillaryCare," it is essentially just attacking the primary root problem of that: eligibility. For most of the population, it's not a monetary entitlement, it's just an eligibility entitlement. Essentially, the entire country is the "group" and you are entitled membership in that group, which is as it should be. You still pay for it, sometimes through the nose, but at least you can GET IT.
Should that go through and that major risk is effectively removed, I imagine you'll find a lot more people leaving the ranks of th W2's into the promised land of independent contracting.