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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.'"
If the la says overtime must be paid, contracts who say otherwise are null and void.
It's not for nothing that there are laws, because companies cannot be relied to do the right thing.
I used to work in a company that used to put a lot of pressure on the programmers to work long hours. One old guy there came at 9am and left at 5pm every day, and refused to work any later. They didn't get rid of him because he was good and reliable. In retrospect I realise all of us ambitious youngsters were being taken for a ride and the old guy just wasn't having it.
Not all IT jobs require massive (or any) amounts of overtime. I may work the occasional 50 hour week because of deadline concerns, sure, but I'll never be a permanent 50+ hour employee.
My dad worked in a union for 30 years (small steel finishing plant), topped out at about 50K per year. He had to work a lot for what he got paid (I worked there for a summer, sometimes it's real hard work, sometimes it's easy, but it's always long hours). I make twice as much as he did and I sit all day.
I realize how good I have it.
If you don't like your job, there really are plenty of jobs in IT that don't require overtime, just go find one. One place I worked at pretty much dictated 8:00-4:30 (or 8:30-5 but everyone did 8:00) every day and everyone leaves (medium insurance company IT dept). I didn't like getting there at 8am, but I sure did enjoy a 37.5 hour work week (after lunch).
-- What did Spock find in Kirk's toilet? The captain's log.
When I applied for my job as a systems tech, I was assured it would be an 8-5 job. Did you get it in writing? If not, you have little recourse. You have a couple of options, though. You can either quit, or you can demand more money at your next review.
Why do you let your company abuse and exploit you and then do nothing but complain to the internet about it?
"Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
I get overtime as a coder. And I have no compunction about saying "Sorry, I'm busy this weekend, I can't do any overtime." when asked (not that I turn it down all the time, but I like to have my time off...off).
You crazy Americans with your 5 days holiday a year, 80 hour working weeks and complete lack of overtime.
My Journal
Simple solution. Contracting. Since I changed, I never looked back. I will NEVER work for free. I will work as long as the job requires, I will bust my ass to get things working, but, I will not do it for free.
It is a plain and simple thing that took ME awhile to realize.
If salary were a two way street ("sure you can leave early this week, since all your work is done") it might be ok, but I find for today, especially in admin jobs, where you are on call and carry a pager (some people actually do this for free??)...salary is just a way to squeeze time away from you for free.
They'd have to pay me a LOT of salary to go back to it.
IMHO, in this day in age, there is no such thing anymore as job loyalty (from either party), nor job security. If that is the case, then the two main things that would draw a person to a direct, salaried job are gone. That being the case, you might as well contract. YOu can find long term contracts....possibly be a contract employee of a company which is kind of a hybrid thing (benefits, and hourly compensation), so it isn't always a hit and miss occupation. If you are really good at what you do, you can do the complete indie thing....make great bill rates, and enjoy more time off.
Sure it takes a bit more paperwork, but, you can incorporate yourself, get tax breaks, write things off.....and you don't have to work for free any more.
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
the problem is not whether the law allows the bosses to pay or not pay for extra hours, its all about availability of workers willing to not demand for extra hours to be paid.
I mean if I start to insist on getting paid for every hour over 42h/week I work, my boss will fire me and replace me with someone that wont ask for overtime.
As far as people who don't want government involvement - there are a host of laws limiting what we can do. The Taft-Hartley law allows the government to call off any strike. States are allowed to prevent certain agreements between workers and management (a "closed shop"). Overtime, at least below a certain salary level, is one of the things countering this. If you don't care about the ITAA etc. pushing the salary level for overtime down, down, down until it disappears, all that will exist are laws that give weight to the employer, and have the government take away your freedom in contract-making with the employer (Taft-Hartley, so-called right-to-work laws etc.) Even if you want to do away with all such laws, from our perspective it makes sense to keep these laws until the ones hurting us are done away with first, as in the meantime these just balance things on our side against the laws against us.
...In a given week I do 15 hours of REAL actual work...? Let's be honest with ourselves. We work overtime because a LOT of what we have to do must be done during non production hours. There are some days where we're in support mode and just read websites all day...
Ask not what you can do for your country. Ask what your country did to you
When the company hires you as salaried, that time you're 'giving' them is factored into the pay.
Bullshit. Only one company I ever interviewed for told me up front that overtime was common. I didn't even bother to go back for a second interview. Most companies tell you 40 hrs, but then expect more, and more and more.
If they had to pay hourly beyond it, you wouldn't get as much in the first place.
What nonsense is this? They'd either hire someone else, or adjust to more realistic timelines. If the company is constantly giving you 60+ hours of work. I've been lucky to have all my employers pay me the rate I want and still not expect more than 40 hours.
The company I work for thinks I put in a lot more overtime than I do because I'm so productive. I do put in -some-, but not nearly as much as they think. The deal works out great for both sides. If this law goes through, I'll get a huge paycut (or fired, and someone else hired) and no overtime as well. I'll just lose money no matter how it goes.
That's your own fault; you're letting them think you're less productive than you really are. You need to fix that.
That said, this would be a great idea if they also tarrified outsourced labor. If they don't, it will only drive companys more to China.
If companies suddenly had to start paying overtime, salaries would have to be adjusted.
The ethical thing to do would be to adjust executive salaries down and let everyone else's stay the same. Not going to happen, but I hope everyone realizes that this is a result of institutionalized greed, not a case of not enough money going around.
Go back to the 1950's and the difference between the CEO and the janitor's salary was a hell of a lot smaller.
Patriot act - unpatriotic
Clear skies act - no controls on pollution
No child left behind - everyone is left behind
FairPay act - no more overtime pay
Hmm. I would swear I can almost notice a pattern here!
It takes a man to suffer ignorance and smile
Be yourself no matter what they say
It looks like your PhD lab rats are getting screwed... perhaps you need a union?
Something many of the folks don't like to admit on /. is that most of the executives at successful companies put in as many if not more hours than the average worker.
In every successful company I have been employed, the executives almost always were the first ones in in the mornings and the last ones out. They regularly had weekend meetings and multi-day off site meetings, where yes they actually worked. I know because I'm in that tier now and attend these. Granted there is higher compensation at this level, but most of them worked their way to where they are today by being driven and putting in the extra time.
Now before you go flaming me with anecdotes about how so many executives are clueless and got their positions by being family or friends, note that I am referring to what I consider successful companies. I have also seen companies that failed because of the true clueless executive who worked bankers hours and spent most time on the golf course. Those are not the ones I'm referring to.
And interestingly enough, you have average workers that are also not as driven, who seem to regularly complain when others move up and they don't. The question you have to ask yourself is do you feel like working hard either independently or to lift the company as a whole, thus helping yourself, or do you just want a paycheck and nights and weekends free. You can have either, even in technology, but they require different sacrifices and lead to different lifestyles.
If you are working for an organization that regularly expects you to work nights and weekends, look at what the executives are doing. Are they working long hours too? If so, your company may be at one of the various growth points companies hit that take major efforts to break through.
Usually they aren't making quite enough money to afford hiring more staff, but they have the potential for more revenue that will then kick them into the next level where they can grow, but to get there they have to work current staff harder. Those layers vary, but I've seen they generally hit at the $100mm, $1b, $10b and $25b marks. Hopefully when they break the barrier and now get into a new growth spurt, there are new opportunities for the hard workers, higher salaries and potentially bonuses.
However, if the execs aren't putting in heavy hours but expecting you too, then they may just be looking for a quick payout and are keeping labor costs down by not hiring additional staff. That is when you need to start looking.
And I know some folks will say that even working hard, the executives may still be looking for a payout. If the company does breach one of the barrier's they are often a more appealing target for a buyout or merger, which could impact you. Keep in mind, however, very few driven executives actually retire after these events. They tend to go on to a new endeavor and when they realize they need help, they remember names of folks that were hard workers.
Speaking very generally, these value barriers also coincide with the skillset of the executives. You have those great at creating ideas and founding companies, who are just horrible at running large businesses. You have those who are great with Wall Street and large organizations who can't start a business. Same as tech skill levels. So what often happens is the early visionaries or founders, if they are smart, relinquish control to others more qualified and then move on. And it is these folks that might call you to join their newest idea.
No, this will force IT management to be more efficient. Human resources are the most precious of resources. For too long, IT management has resorted to forcing workers to work longer to compensate for poor IT decisions. I'm reminded of why the Egyptians didn't use the steam engine when they invented it; slave labor was cheaper and more adaptable.
This sort of technique get used in agribusiness; a choice between investing in better productivity tools vs. hiring migrant farm workers. I recently was in Kauai where the Kauai coffee plantation invested in productivity methods to compensate for the rising cost of labor. Only when it's more painful not to adapt will IT management adapt.
Best regards.
Something many of the folks don't like to admit on /. is that most of the executives at successful companies put in as many if not more hours than the average worker.
But I didn't imply otherwise. My point isn't that executives don't deserve to be well-compensated, or that they don't put in the hours their subordinates do, but rather that the level of compensation has reached ridiculous levels.
How much should the CEO of a Fortune 500 company make? It's a difficult job. Not everyone can do it.
I think a fair salary for the CEO of a successful corporation should be several million. Let's be nice and generous, and say $10 million a year, with incentive bonuses. I think that adequately compensates someone who's working 80 hours a week.
But $20 million a year? $30 million a year? Do you really think anyone is worth that? Especially in companies who refuse to pay overtime, or fire people to reduce payroll?
This incredible disparity in salaries is new, a result of spineless directors and grasping executives. It's not necessary; the jobs are hard but not impossible, and for every CEO who makes $30 million a year, I guarantee you there are plenty of equally qualified people who would be content with a third of that.
Seriously though, you point out that 'in this day and age' there is no loyalty on either side. I'd say that's partially a reflection of the unwillingness of workers to ask for (demand?) what they're worth. Labor is a business transaction, you shouldn't hate your business partners or let them treat you 'unfairly'. Get a good idea if what you should be paid, ask for it, and leave if you don't get it.
You know where workers are getting it from? They just look at the executives of the companies and see them getting paid BIG bucks - way more than they probably should. And see them stealing peoples money (Enron, Worldcom etc...) and bascially getting away with it. How many executives are doing it and NOT getting caught? Probably A lot more than you think! So if the executives are doing it why shouldn't the employees - think about it. You have the RIAA/MPAA stealing from "artists" and US the people who actually buy their crap!
Think about it we have a double standard. The big rich executives get paid WAY too much steal from others and it's ok. But it's not ok for use to get paid well for our hard work and it's not ok for us to steal from them. Companies would rather outsource to some other country whos workers are willing to work for dimes on the dollar than to pay people decently. To me let those FUCKING companies move their business overseas, take the jobs with them and then let the rest of the U.S. QUIT using their products and services. Some other company will just come up and take their place. Maybe learning from the previous companies mistakes.
If the cost of living in the U.S. wasn't so high I bet people wouldn't need such higher salaries. What is the cost of living in India? A LOT lower than it is here, hence they can get away with needing less pay. Corporations don't get this AT ALL. If they would help bring the cost of living DOWN in the U.S. I would bet people would be willing to work for less. how can we compete in a "GLobal Economy" if everywhere companies are sending jobs has far lower costs of living than we do.
But I think corporate EXECUTIVES need to get a pay cut! NO! they would rather "lay off" hundreds or thousands of employees just so they can keep their cushy job, getting paid millions of dollars and getting millions of dollars in stock options. That's utter CRAP! They say "oh we need to pay them well to keep them." BULLSHIT! If you get rid of one executive there is ALWAYS another wiating in line for his job! MBA's are a DIME A FUCKING DOZEN! Engineers are NOT! If anything Engineers and scientist should be making more than MBA exeuctives!
The Truth is a Virus!!!
I'd like to add an item to your otherwise fine list:
Having such an esoteric skill can mean making even more money because people having such a skill are very difficult to find, and can improve your overall retention as you can be difficult to replace (so long as an organization needs that skill, so don't get pigeonholed by it). Being irreplaceable gives you some advantage in dictating your work-life balance with your employer.
Yaz