What Tech Workers Need To Know About Overtime

onehitwonder writes "The class-action lawsuit that current and former Apple employees have filed against the company raises questions about what kinds of workers are covered by the Fair Labor Standards Act (FLSA) — and thus, what kinds of workers are eligible for overtime pay. Some tech workers are covered under it; some are not though perhaps they should be. The lawyer who got IBM workers a $65M settlement from Big Blue for violating labor laws explains why employers often deny tech workers overtime pay and the circumstances under which certain tech workers may or may not be covered under the FLSA. From the article: 'It's not uncommon for employers to err on the side of classifying employees as exempt [from the FLSA], says Sagafi... In fact, the dirty little secret among employers and HR departments is that classifying employees as exempt — even if it means breaking the law — is in their best interest[,] provided... that they don't get caught... "In a sense, they may see it as economically viable for them to skirt the law and wait to see if they get sued because the exposure is not that huge [if they don't get sued]," Sagafi says. "If they can settle [a complaint] for less than 100 percent of what they owe people [for overtime], they've gotten away with a good deal."'"

didnt the workers read before they were hired...

[nawcom]

according to the end-employee license agreement (eela) they signed, they only get paid for apple-labeled work hours. any other work hours aren't apple work hours, so they shouldn't expect any support from accounting when it comes to overtime.

(yeah i know - horrible mac clone reference; its a little after 1 am here, i'll have my geek humor rested and ready tomorrow ;) )

Re:All they need to know: "india"

[Tablizer]

I once saw a cartoon where the boss simply put up a big India national flag behind his desk. Nobody bothered to ask for raises.
     

In honor of this article - Overtime Jokes

[Nomadic_Z]

Top Ten Reasons To Work An Overtime Shift On The Weekend 10. Think of all the weight you'll lose from not getting to eat because of short staffing. 9. Think of the closeness you'll develop with you're co-workers after being knee-deep in Code 10's/Blues and Code "Browns". 8. Everyone is so frazzled, so next to them you look fabulous! 7. Think of what a challenge it will be to your nursing skills to run a Code without a Crash Cart because they are all down in Central being replaced. 6. The joy of having the previous shift's charge nurse tell you, " I don't understand why no one would return my calls to work today/tonight. Oh, and by the way, you are short two nurses and a CNA for this shift with a full house of patients sick as dog dirt." 5. Because you're a new grad and you want to be a "TEAM PLAYER" like your head nurse told you to be. (That and you have "sucker" stamped on your forehead!) 4. When you go home with your back aching from not having any nursing assistants who work weekends and your feet aching from running your butt off for "emergency procedures" (like the gas pain your patient has had for a week that is suddenly unbearable) you'll know that you really ARE a caregiver. 3. Think of all the computer skills you'll gain from putting in your own orders and ordering supplies from Central. (That can go on your resume' as...."Know how to operate multiple outdated computer models.") 2. You don't have time to adequately chart so you may get to learn how our judicial system works. On the bright side, your handwriting will be so bad that it can say whatever you want it to say! 1. Think of what a GREAT "Learning Experience" this will be. Translation: You just got shafted!!

Re:These are IT people

[Urkki]

The suit is being filed by a Network Engineer. These are the guys who keep the local infrastructure running - its tough to outsource that kind of thing to India.

Just have an Indian support professional walk any secretary though any network maintenance procedures over IP phone. Easy! Efficient! Almost free! Then you can "let go" a few better paid network professionals, and hire an extra secretary or two (at minimun pay of course) to be the hands and eyes of the Indian network professionals. Guaranteed to save you big bucks on the long run!

And remember, young female secretaries in skirts reaching up to change some cable is a much more aesthetic view, than a slightly overweight, bearded male engineer doing the same, Even assuming he doesn't wear a skirt... (Just try not get a mental image of him doing it in a skir...AAaaieee

Overtime is an illusion...

[pythonhacker]

Remember Murphy's law which is most applicable to tech jobs ? "Work expands to fill the time available for its completion". So, for workers complaining about not getting paid for overtime, shut up and go back to your cubicle and continue listening to those iPods and posting inane comments to /. ...

Re:not getting caught

[YeeHaW_Jelte]

"It would only be like that, if the punishment for stealing a car was less than the purchase price of that car."

Which it would probably be if you organised it as a corporation ...

Hours vs Morale

[Fractal Dice]

Funny thing I've noticed is that the more hours I work, the less I usually get done. It's not a conscious or deliberate thing, it's just that morale is hard to measure on a spreadsheet.

Re:One solution

[Lumpy]

I'm with you, they should have found a job somewhere else than the silly idea of expecting the company to obey the LAW.

Re:One solution

[Ihlosi]

Exactly. Even a VP usually can't hire or fire someone without HR approving the decision.

But what if he wants to fire HR ... ?

Re:One solution

[Horus1664]

I would basically agree with this sentiment. I was a highly skilled contract worker for 15 years. However in some markets the 'high skill' being paid for by the employer is something that isn't 'development' as the poster's skills obviously are. Someone who can swan about doing basically what they like providing they supply a usable product in a certain timeframe. It might be technical support or problem solving which the employer might genuinely need at odd times, therefore introducing the idea of 'overtime'.