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Working Off the Clock, How Much Is Too Much?

The Wall Street Journal has word of yet another suit against an employer who required an "always on" mentality to persist because of easily available communications. Most of us working in some sort of tech related job are working more than 40 hours per week (or at least lead the lifestyle of always working), but how much is too much? What methods have others used in the past to help an employer see the line between work and personal life without resorting to a legal attack? "Greg Rasin, a partner at Proskauer Rose LLP, a New York business law firm, said the recession may spawn wage-and-hour disputes as employers try to do the same amount of work with fewer people. The federal Fair Labor Standards Act says employees must be paid for work performed off the clock, even if the work was voluntary. When the law was passed in 1938, 'work' was easy to define for hourly employees, said Mr. McCoy. As the workplace changed, so did the rules for when workers should be paid."

10 of 582 comments (clear)

  1. Depends of course by stoolpigeon · · Score: 5, Insightful

    If you aren't exempt I'd say any is too much. You are screwing yourself and your fellow employees.
     
        If you are exempt, as TFA says it get's a little murkier. I've happily put in extra time when needed but I expect my employer to be flexible when the heat is off. Otherwise my tendency is to then lean towards voting with my feet. Right now that is easier to say than do for a lot of people. But what is acceptable varies so much from person to person that it is impossible to come up with any kind of general rule to fit all those different cases.

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    1. Re:Depends of course by Chyeld · · Score: 5, Insightful

      I'd argue the reverse. If you aren't exempt (i.e. you receive overtime pay) then take be on the clock as much as you want, as long as you are actually getting paid for it (and if you aren't then you damn well better be talking to the DOL).

      If you are exempt however, you are part of the problem by putting in so much time and not kicking up a fuss. America is full of 'idiots' who aim for that mythical salary wage thinking that they are going to get a fair shake from their boss (i.e. you put in 60 hours a week for a while, you should be able to cut back some in compensation afterwards).

      Here's the facts of life, the more work you put in as a salaried employee, the less labor they have to pay out. Even the bosses that are honest have to budget and are going to base it on what's getting done now and what's not getting done vs. "Well things are going ok right now but that's only because Tim is putting in 50 hours a week..." things just don't work that way in real life. Trust me.

      You are NEVER going to get a fair shake as a salaried worker in America without fighting for it. Frankly, if you are salaried, and you aren't looking to be the CEO some day, then letting yourself be put into a situation where you are putting in more than 40 hours a week on a regular bases is both foolish and harmful for the rest of your peers.

  2. Re:Where do I begin by AuMatar · · Score: 5, Insightful

    Solution: take it anyway, you've earned it. Don't give a fuck about evaluations. Realize that the best way to get a raise is to find a new employer. If you think you're being punished for using comp time, start interviewing.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  3. Re:Where do I begin by Anonymous Coward · · Score: 5, Insightful

    If you're getting screwed on evaluations for taking your comp time, chances are that you're going to get screwed on your evaluations one way or another. So listen to this guy. Screw'em and take it anyways.

  4. Re:Where do I begin by hattig · · Score: 5, Insightful

    Firstly, get the nagios emails sent to your team at work as well as yourself.

    Secondly, when you start to deal with the nagios error at 2am, send an email saying "I am looking into this now", and when you're done at 3am, send an email saying "All done now, see you at 10, I need my sleep more than ever now!". Screw what other people say, make sure your boss knows every single time you work out of hours via the aforementioned email. Bosses like reading emails that says "Problem fixed." anyway. Also make a note in a log book so you can demonstrate your out of hours company-saving efforts at review time.

    Secondly, you only get one life, and within that life you only get one chance to be 20/30/40/50. Don't waste that time on work, unless you're working for yourself and doing well enough to retire well earlier than you would have otherwise. Take that time off, and be anal about it.

    Thirdly, look for another job once the market picks up. If you're good, and willing to be on call, then you're valuable, and you can go somewhere where working hours aren't set in concrete, bound with leather and chained to the ground because the boss is ex-military and gets up at 6am everyday and expects everyone else to.

  5. Re:Where do I begin by Moof123 · · Score: 5, Insightful

    Yeah, comp time is a scam. At a previous job my boss insisted I track all the hours of comp time I was racking up since he was sort of an idealist. When it totalled up to 4 months during a brutal stretch (80-100 hour weeks, working 30+ days straight) it just depressed me and I stopped counting any additional comp time hours. Shortly later I got promoted ($0 raise though) and moved to a new manager who asked what the deal was with the comp time hours my prior manager mentioned. When I told him it was 4+ months I was told "No". Later a week long vacation was offered up in lieu.

    I quit and lived out of my truck for 10 months instead.

    Now I work my 8 hours and go home. It's a job, no more, no less. I'm not working my butt off for 1-2% raises.

  6. Re:Where do I begin by Grishnakh · · Score: 5, Insightful

    I'm going to second (third?) this one. In my 11 years of engineering, I've found that staying with the same employer too long is a good way to have your salary limited, as companies simply don't give raises if they don't have to. If you want more money, you need to get a new job. Remember, employers (like most companies these days) are extremely short-sighted. If you're already working for you, they'll never give you a substantial raise, and instead will just give you excuses about the economy being bad, budget cuts, etc. However, when they have a position that needs to be filled (or else work won't get done), they'll pay the market rate or else they won't fill it for 6 months or more. This means that people who hop around from job to job every 2-3 years end up making much more money than people who stay in the same place for 20 years.

    Because of all of this, evaluations are completely useless IMO. There's no point in "going the extra mile", or doing anything more than needed to keep your job. As long as your evaluation looks decent, or at least not bad enough to get you in trouble, don't worry about it. Stick around for 2-3 years, don't work too hard, don't stay late very often, and start looking for something new after that time. Repeat this cycle until you find yourself a more rewarding career (such as starting your own business, becoming a consultant, changing into an entirely different industry, etc.).

  7. Must be nice... by TheMCP · · Score: 5, Insightful

    Must be nice to be able to do that.

    Here in the Boston area, any computer job that pays enough to survive is exempt. And when I say "enough to survive" I mean "enough money to live indoors, have heat, hot water, electricity, and food".

    If you insist on being paid hourly instead of salaried, most employers will refuse, and the few that will oblige will then put it in writing that you're not allowed to work any overtime without being authorized in writing in advance, and then they'll use that to screw you - if you try to put in for overtime, they'll insist that it wasn't authorized, and if you insist they pay you for it, they'll terminate you for violating the overtime policy. Of course, if you refuse to work the overtime they ask for (which you know you won't be paid for because there's no written authorization) then in your next review they'll say you have a bad work ethic, and refuse to give you a raise.

    Personally, I'd like to see salary exemptions be eliminated.

  8. Re:Where do I begin by Sandbags · · Score: 5, Insightful

    I completly agree. I've worked in IT as a contractor or full time employee in one way or another since 1997, and had my own business since 1992 prior. I have not stayed in one job longer than 3.5 years. Most have been 18-24 months. I took the training I needed, learned the new job skills, and got a few certifications the company paid for. At some point, when I felt either I was not going to get a "fair market value" raise, I'd put out resume's, take 1-2 weeks off, and interview everywhere I could, and accept an offer somewhere with both a massive pay raise and new training opportunities. Usually by this point I'd still have 3-5 weeks vacation and comp time pent up, and I'd blow that while working on addsitional certifications. In 2 cases I convinced the employer to "lay me off" instead of another poor sap, and saved a buddy's job by putting my own head on the block. In both of those cases I got severance pay added on top of my unused vacation.

    I went from making less than $20K anually in 1995 trying to run a startup web publishing company, to 2000 where I was making 30K as a field technician and had about $8K in training budget access. By 2002 I was MS certified and took a job in IT analysys and helped a large firm rework their bench service and sales policy and develop a revenue model based on services making well over 40K. In 2005 I left them and joined a BVC working in DR. I quickly moved up the ladder there taking 3 promotions and leaving making over 60K, and received a massive amount of Linux/Unix training and DR planning experience in the process, and was exposed to hundreds of unique network systems in enterprise companies. In 2007 I worked for a regional reseller as a presales engineer working mostly on government bids in VoIP technology and major network systems, and learned Cisco networking as well as several other enterprise class systems and took in over 75K in just under a year. Now, I'm a contractor for a major firm in the state working in IT analytics and system architecture where we have near a dozen mainframes and about other 3,000 servers and should pull in close to 120K this year including my overtime pay, and I'm lined up to become a full time part of their group and within another year I should be on the management side of the systems architecture group and cross the 150K mark.

    At this point, I'm well into my 30s, and feel I'm nearing the top of the food chain without expanding into the executive IT market. The particular firm I'm with if offering a pension plan and a lot of nice benefits, and I have lots of systems I can get experience on, and my fingers on a nearly $100m IT budget. I experience new challenges daily, and the pace the company deploys systems at is nearly frightening. I have a dozen directions my career can go in, and many of thel lead into the mid six figures, and if I play my cards right, with my vast experience and ability to manage teams and projects, I have a good shot at making the leap into the executive arena, so I'm starting night classes and working on a business degree to supplement my IT degree and numerous certifications.

    If I had stayed with one of the original firms I was with (I still know some people there), I;d say I'd have a good job and a good life, but I'd be lucky to be taking in more than 60K, and that only if I was one of the top managers. Work tyour way in from the bottom, basic system services for a small retailer, move on to larger fish and consulting firms. Get into pre-sales and buff up your speaking and presentation skills, learn EVERYTHING about any system you come across. When you're coming up on your anual reviews and expecting a raise, ver WELL AWARE of what your market value is, and if possible, have an offer in your pocket to throw back at them if the raise/promotion is not at your value level. Do not let the fact that you grew up somewhere keep you from moving to a good job market area, and don't be afraid to take a job working with systems you don't know how to operate if there's training involved. Do not settle for a job that

    --
    There is no contest in life for which the unprepared have the advantage.
  9. Re:US laws are not the best by kklein · · Score: 5, Insightful

    We know. But the EU doesn't hire Americans.

    And every time we try to make the US a livable place like Europe has become, inbred morons (aka Libertarians) start shouting "commie!" Just look at the hassle we're having trying to set up a relatively simple health insurance reform to be something akin to what Japan has (I live in Japan--it works!).

    Basically, the super-wealthy here have convinced the lower-middle class that they're on the same side, and that what is good for the new nobility is good for Joe the Plumber. This isn't too hard, because Joe the Plumber is a moron.

    Europe and Japan are run by the middle class. It's better that way.