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Unpaid overtime during 2-week notice

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  • C Colin Mullikin

    d@nish wrote:

    If it is a well documented part of your contract with the employers that you may have to work overtime without pay

    I don't think it is legal to put that in a contract, due to the fact that it in itself is illegal. I'm pretty sure we abolished slavery and fought a war over it.

    The United States invariably does the right thing, after having exhausted every other alternative. -Winston Churchill America is the only country that went from barbarism to decadence without civilization in between. -Oscar Wilde Wow, even the French showed a little more spine than that before they got their sh*t pushed in.[^] -Colin Mullikin

    A Offline
    A Offline
    AspDotNetDev
    wrote on last edited by
    #13

    Colin Mullikin wrote:

    I don't think it is legal to put that in a contract, due to the fact that it in itself is illegal.

    In the US, salaried employees may be required to work overtime without extra pay.

    Martin Fowler wrote:

    Any fool can write code that a computer can understand. Good programmers write code that humans can understand.

    C E 2 Replies Last reply
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    • A aalex675

      Long time lurker here with a dilemma. I just resigned from my job this week, giving about 2 1/2 weeks of notice. For the last few weeks, the company has asked a few of us to be on a rotation to work on Saturdays for a few hours so each of us only has to work every other Saturday. Now the boss just came by to say that they are going to be changing it to 2 shifts on Saturday and Sunday so that we will both be working both days. This job does not pay for overtime and it's always just been something that is accepted that we need to do to get through crunch times, but it feels like now the crunch is because I am leaving in two weeks and it doesn't really seem fair to force overtime because someone is leaving. Would you work unpaid overtime after giving your resignation?

      L Offline
      L Offline
      leppie
      wrote on last edited by
      #14

      Mmmm, TPS reports you say?

      ((λ (x) `(,x ',x)) '(λ (x) `(,x ',x)))

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      • C Colin Mullikin

        d@nish wrote:

        If it is a well documented part of your contract with the employers that you may have to work overtime without pay

        I don't think it is legal to put that in a contract, due to the fact that it in itself is illegal. I'm pretty sure we abolished slavery and fought a war over it.

        The United States invariably does the right thing, after having exhausted every other alternative. -Winston Churchill America is the only country that went from barbarism to decadence without civilization in between. -Oscar Wilde Wow, even the French showed a little more spine than that before they got their sh*t pushed in.[^] -Colin Mullikin

        D Offline
        D Offline
        dan sh
        wrote on last edited by
        #15

        Those shrewd lawyers know how to use the word "may".

        "The worst code you'll come across is code you wrote last year.", wizardzz[^]

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        • A AspDotNetDev

          Colin Mullikin wrote:

          I don't think it is legal to put that in a contract, due to the fact that it in itself is illegal.

          In the US, salaried employees may be required to work overtime without extra pay.

          Martin Fowler wrote:

          Any fool can write code that a computer can understand. Good programmers write code that humans can understand.

          C Offline
          C Offline
          Colin Mullikin
          wrote on last edited by
          #16

          Well, assuming you are right and it is legal, I have no clue how we, as a people, allowed this to happen. No matter how you look at the situation, it is work being done that is not being paid for. And that, by definition, is slavery.

          The United States invariably does the right thing, after having exhausted every other alternative. -Winston Churchill America is the only country that went from barbarism to decadence without civilization in between. -Oscar Wilde Wow, even the French showed a little more spine than that before they got their sh*t pushed in.[^] -Colin Mullikin

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          • L leppie

            Mmmm, TPS reports you say?

            ((λ (x) `(,x ',x)) '(λ (x) `(,x ',x)))

            C Offline
            C Offline
            Colin Mullikin
            wrote on last edited by
            #17

            Those darn Macs take so long to save a file and shutdown. :laugh: :laugh:

            The United States invariably does the right thing, after having exhausted every other alternative. -Winston Churchill America is the only country that went from barbarism to decadence without civilization in between. -Oscar Wilde Wow, even the French showed a little more spine than that before they got their sh*t pushed in.[^] -Colin Mullikin

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            • C Colin Mullikin

              Well, assuming you are right and it is legal, I have no clue how we, as a people, allowed this to happen. No matter how you look at the situation, it is work being done that is not being paid for. And that, by definition, is slavery.

              The United States invariably does the right thing, after having exhausted every other alternative. -Winston Churchill America is the only country that went from barbarism to decadence without civilization in between. -Oscar Wilde Wow, even the French showed a little more spine than that before they got their sh*t pushed in.[^] -Colin Mullikin

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              D Offline
              Dan Neely
              wrote on last edited by
              #18

              The difference is that in theory if you're salary and only work 30 hours they still have to pay you for 40. Good luck trying to do that though in most places.

              Did you ever see history portrayed as an old man with a wise brow and pulseless heart, waging all things in the balance of reason? Is not rather the genius of history like an eternal, imploring maiden, full of fire, with a burning heart and flaming soul, humanly warm and humanly beautiful? --Zachris Topelius

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              • A AspDotNetDev

                Colin Mullikin wrote:

                I don't think it is legal to put that in a contract, due to the fact that it in itself is illegal.

                In the US, salaried employees may be required to work overtime without extra pay.

                Martin Fowler wrote:

                Any fool can write code that a computer can understand. Good programmers write code that humans can understand.

                E Offline
                E Offline
                Ennis Ray Lynch Jr
                wrote on last edited by
                #19

                AspDotNetDev wrote:

                In the US, salaried employees may be required to work overtime without extra pay.

                Nope, Salaried employees may work extra hours without extra pay, they may also work less hours for the same pay. However, the can not be required to work the extra hours. It is hardly at issue, most people will work 90 hours a week and never complain.

                Need custom software developed? I do custom programming based primarily on MS tools with an emphasis on C# development and consulting. I also do Android Programming as I find it a refreshing break from the MS. "And they, since they Were not the one dead, turned to their affairs" -- Robert Frost

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                • C Colin Mullikin

                  Well, assuming you are right and it is legal, I have no clue how we, as a people, allowed this to happen. No matter how you look at the situation, it is work being done that is not being paid for. And that, by definition, is slavery.

                  The United States invariably does the right thing, after having exhausted every other alternative. -Winston Churchill America is the only country that went from barbarism to decadence without civilization in between. -Oscar Wilde Wow, even the French showed a little more spine than that before they got their sh*t pushed in.[^] -Colin Mullikin

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                  A Offline
                  AspDotNetDev
                  wrote on last edited by
                  #20

                  It only applies to white collar jobs. I am not sure what the reasoning is exactly.

                  Martin Fowler wrote:

                  Any fool can write code that a computer can understand. Good programmers write code that humans can understand.

                  1 Reply Last reply
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                  • E Ennis Ray Lynch Jr

                    AspDotNetDev wrote:

                    In the US, salaried employees may be required to work overtime without extra pay.

                    Nope, Salaried employees may work extra hours without extra pay, they may also work less hours for the same pay. However, the can not be required to work the extra hours. It is hardly at issue, most people will work 90 hours a week and never complain.

                    Need custom software developed? I do custom programming based primarily on MS tools with an emphasis on C# development and consulting. I also do Android Programming as I find it a refreshing break from the MS. "And they, since they Were not the one dead, turned to their affairs" -- Robert Frost

                    A Offline
                    A Offline
                    AspDotNetDev
                    wrote on last edited by
                    #21

                    I'm not exactly sure how it works. Can an employer say "you must get this task done by this deadline, regardless of how long it takes each day" and, failing that, fire you for not meeting expectations? That wouldn't be exactly the same as requiring overtime, but the overtime may be a side-effect of another requirement, and you wouldn't be paid for it. Then again, requirements go out the door when working for an at-will employer (they can fire you for any reason or no reason). So the expectation may be that you work overtime, and you risk your job if you don't meet those expectations.

                    Martin Fowler wrote:

                    Any fool can write code that a computer can understand. Good programmers write code that humans can understand.

                    1 Reply Last reply
                    0
                    • A aalex675

                      Long time lurker here with a dilemma. I just resigned from my job this week, giving about 2 1/2 weeks of notice. For the last few weeks, the company has asked a few of us to be on a rotation to work on Saturdays for a few hours so each of us only has to work every other Saturday. Now the boss just came by to say that they are going to be changing it to 2 shifts on Saturday and Sunday so that we will both be working both days. This job does not pay for overtime and it's always just been something that is accepted that we need to do to get through crunch times, but it feels like now the crunch is because I am leaving in two weeks and it doesn't really seem fair to force overtime because someone is leaving. Would you work unpaid overtime after giving your resignation?

                      W Offline
                      W Offline
                      wizardzz
                      wrote on last edited by
                      #22

                      You don't legally HAVE to give 2 weeks. Just stop showing up, especially if you aren't getting paid for it anyway.

                      "I have a theory that the truth is never told during the nine-to-five hours. " — Hunter S. Thompson My comedy.

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                      • A aalex675

                        Long time lurker here with a dilemma. I just resigned from my job this week, giving about 2 1/2 weeks of notice. For the last few weeks, the company has asked a few of us to be on a rotation to work on Saturdays for a few hours so each of us only has to work every other Saturday. Now the boss just came by to say that they are going to be changing it to 2 shifts on Saturday and Sunday so that we will both be working both days. This job does not pay for overtime and it's always just been something that is accepted that we need to do to get through crunch times, but it feels like now the crunch is because I am leaving in two weeks and it doesn't really seem fair to force overtime because someone is leaving. Would you work unpaid overtime after giving your resignation?

                        Mike HankeyM Offline
                        Mike HankeyM Offline
                        Mike Hankey
                        wrote on last edited by
                        #23

                        Since you don't want to burn any bridges and want a good recommendation I would go ahead and work the hours but I would also let it be known as high in the organization as possible that that is one of the reasons for your resignation. One of the main reasons for overtime is poor management!

                        The problem with borrowing money from China is 30 mins. later you feel broke again.

                        1 Reply Last reply
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                        • A aalex675

                          Long time lurker here with a dilemma. I just resigned from my job this week, giving about 2 1/2 weeks of notice. For the last few weeks, the company has asked a few of us to be on a rotation to work on Saturdays for a few hours so each of us only has to work every other Saturday. Now the boss just came by to say that they are going to be changing it to 2 shifts on Saturday and Sunday so that we will both be working both days. This job does not pay for overtime and it's always just been something that is accepted that we need to do to get through crunch times, but it feels like now the crunch is because I am leaving in two weeks and it doesn't really seem fair to force overtime because someone is leaving. Would you work unpaid overtime after giving your resignation?

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                          C Offline
                          clientSurfer
                          wrote on last edited by
                          #24

                          If you need them as a reference, I would prolly grit my teeth and do it with the satisfaction of knowing that the end is in sight. Maybe try to get a few light-hearted quips in about how "now you really do deserve a good reference"...

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                          • A aalex675

                            Long time lurker here with a dilemma. I just resigned from my job this week, giving about 2 1/2 weeks of notice. For the last few weeks, the company has asked a few of us to be on a rotation to work on Saturdays for a few hours so each of us only has to work every other Saturday. Now the boss just came by to say that they are going to be changing it to 2 shifts on Saturday and Sunday so that we will both be working both days. This job does not pay for overtime and it's always just been something that is accepted that we need to do to get through crunch times, but it feels like now the crunch is because I am leaving in two weeks and it doesn't really seem fair to force overtime because someone is leaving. Would you work unpaid overtime after giving your resignation?

                            R Offline
                            R Offline
                            realJSOP
                            wrote on last edited by
                            #25

                            aalex675 wrote:

                            Would you work unpaid overtime after giving your resignation?

                            Not only no, but f*ck no. And if the decide to feel froggy and let you go early, they STILL have to pay you for the time you're not there. I don't work overtime unless I'm working on something I personally broke. I'm too old for that "it's just understood" crap. I interviewed once for a position and the guy said, "We work 50-60 hour weeks on a regular basis. It's expected of every employee." I responded that I'm way too far down the road (and way too old) to put up with that kind of schedule, and commented that maybe they needed more people, and that those people needed to be treated better.

                            ".45 ACP - because shooting twice is just silly" - JSOP, 2010
                            -----
                            You can never have too much ammo - unless you're swimming, or on fire. - JSOP, 2010
                            -----
                            "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass." - Dale Earnhardt, 1997

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                            • R realJSOP

                              aalex675 wrote:

                              Would you work unpaid overtime after giving your resignation?

                              Not only no, but f*ck no. And if the decide to feel froggy and let you go early, they STILL have to pay you for the time you're not there. I don't work overtime unless I'm working on something I personally broke. I'm too old for that "it's just understood" crap. I interviewed once for a position and the guy said, "We work 50-60 hour weeks on a regular basis. It's expected of every employee." I responded that I'm way too far down the road (and way too old) to put up with that kind of schedule, and commented that maybe they needed more people, and that those people needed to be treated better.

                              ".45 ACP - because shooting twice is just silly" - JSOP, 2010
                              -----
                              You can never have too much ammo - unless you're swimming, or on fire. - JSOP, 2010
                              -----
                              "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass." - Dale Earnhardt, 1997

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                              M Offline
                              Mycroft Holmes
                              wrote on last edited by
                              #26

                              John Simmons / outlaw programmer wrote:

                              We work 50-60 hour weeks on a regular basis.

                              And that was a contract you did not get not did you want. I've been in that position except it was after I had signed on for the contract, when I stated that there would be a reciprocal time in lieu they accepted that, I got it in writing. My contract was not renewed when I had the temerity to actually take the time owed! Having said that I'm off to Nepal in September for a week, the current boss DOES accept time in lieu and I have 5 days of weekends up my sleeve :laugh: :laugh:

                              Never underestimate the power of human stupidity RAH

                              1 Reply Last reply
                              0
                              • C Colin Mullikin

                                Well, assuming you are right and it is legal, I have no clue how we, as a people, allowed this to happen. No matter how you look at the situation, it is work being done that is not being paid for. And that, by definition, is slavery.

                                The United States invariably does the right thing, after having exhausted every other alternative. -Winston Churchill America is the only country that went from barbarism to decadence without civilization in between. -Oscar Wilde Wow, even the French showed a little more spine than that before they got their sh*t pushed in.[^] -Colin Mullikin

                                P Offline
                                P Offline
                                PIEBALDconsult
                                wrote on last edited by
                                #27

                                Colin Mullikin wrote:

                                how we, as a people, allowed this to happen

                                "We" don't make the rules. :sigh:

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                                • E Ennis Ray Lynch Jr

                                  AspDotNetDev wrote:

                                  In the US, salaried employees may be required to work overtime without extra pay.

                                  Nope, Salaried employees may work extra hours without extra pay, they may also work less hours for the same pay. However, the can not be required to work the extra hours. It is hardly at issue, most people will work 90 hours a week and never complain.

                                  Need custom software developed? I do custom programming based primarily on MS tools with an emphasis on C# development and consulting. I also do Android Programming as I find it a refreshing break from the MS. "And they, since they Were not the one dead, turned to their affairs" -- Robert Frost

                                  P Offline
                                  P Offline
                                  PIEBALDconsult
                                  wrote on last edited by
                                  #28

                                  Ennis Ray Lynch, Jr. wrote:

                                  most people will work 90 hours a week and never complain.

                                  ::cough:: Idiots. ::cough::

                                  1 Reply Last reply
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                                  • A aalex675

                                    Long time lurker here with a dilemma. I just resigned from my job this week, giving about 2 1/2 weeks of notice. For the last few weeks, the company has asked a few of us to be on a rotation to work on Saturdays for a few hours so each of us only has to work every other Saturday. Now the boss just came by to say that they are going to be changing it to 2 shifts on Saturday and Sunday so that we will both be working both days. This job does not pay for overtime and it's always just been something that is accepted that we need to do to get through crunch times, but it feels like now the crunch is because I am leaving in two weeks and it doesn't really seem fair to force overtime because someone is leaving. Would you work unpaid overtime after giving your resignation?

                                    K Offline
                                    K Offline
                                    Keith Barrow
                                    wrote on last edited by
                                    #29

                                    Hell no, unless I was personally friendly with the manager or I really needed the reference, and given that I can get a glowing reference. Once you resign from a company they can't expect much from you except hand-over work, and you can't expect much in the way of perks from them.

                                    Sort of a cross between Lawrence of Arabia and Dilbert.[^]
                                    -Or-
                                    A Dead ringer for Kate Winslett[^]

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                                    • R Rob Philpott

                                      It sucks, but never burn your bridges. You'll be free shortly.

                                      Regards, Rob Philpott.

                                      G Offline
                                      G Offline
                                      Gary R Wheeler
                                      wrote on last edited by
                                      #30

                                      I think this is a case that they set the bridge on fire behind you.

                                      Software Zen: delete this;

                                      1 Reply Last reply
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                                      • E Ennis Ray Lynch Jr

                                        AspDotNetDev wrote:

                                        In the US, salaried employees may be required to work overtime without extra pay.

                                        Nope, Salaried employees may work extra hours without extra pay, they may also work less hours for the same pay. However, the can not be required to work the extra hours. It is hardly at issue, most people will work 90 hours a week and never complain.

                                        Need custom software developed? I do custom programming based primarily on MS tools with an emphasis on C# development and consulting. I also do Android Programming as I find it a refreshing break from the MS. "And they, since they Were not the one dead, turned to their affairs" -- Robert Frost

                                        G Offline
                                        G Offline
                                        Gary R Wheeler
                                        wrote on last edited by
                                        #31

                                        Ennis Ray Lynch, Jr. wrote:

                                        the can not be required to work the extra hours

                                        Oh sure. No company has ever used the "not a team player", "doesn't cooperate with corporate policy", "doesn't schedule time wisely" explanations as ground for termination. No sir.

                                        Software Zen: delete this;

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                                        0
                                        • R realJSOP

                                          aalex675 wrote:

                                          Would you work unpaid overtime after giving your resignation?

                                          Not only no, but f*ck no. And if the decide to feel froggy and let you go early, they STILL have to pay you for the time you're not there. I don't work overtime unless I'm working on something I personally broke. I'm too old for that "it's just understood" crap. I interviewed once for a position and the guy said, "We work 50-60 hour weeks on a regular basis. It's expected of every employee." I responded that I'm way too far down the road (and way too old) to put up with that kind of schedule, and commented that maybe they needed more people, and that those people needed to be treated better.

                                          ".45 ACP - because shooting twice is just silly" - JSOP, 2010
                                          -----
                                          You can never have too much ammo - unless you're swimming, or on fire. - JSOP, 2010
                                          -----
                                          "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass." - Dale Earnhardt, 1997

                                          G Offline
                                          G Offline
                                          Gary R Wheeler
                                          wrote on last edited by
                                          #32

                                          John Simmons / outlaw programmer wrote:

                                          I don't work overtime unless I'm working on something I personally broke.

                                          John Simmons / outlaw programmer wrote:

                                          I'm way too far down the road (and way too old) to put up with that kind of schedule

                                          Same here. I had a couple occasions earlier in my career where I put in 70-80 hours weeks for several months. It didn't buy me anything. It didn't get reflected in my appraisal and didn't improve my salary. If I put in any extra time nowadays, it's because I choose to. I'll stay a bit to finish something off, just to avoid dealing with it the next day. Just as often I'll take off a few minutes early for personal concerns. My boss knows I'm productive, regardless of my schedule.

                                          Software Zen: delete this;

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