5 ms·

> I was oncall 24/7 for months in the worst times and received no extra comp How is that even legally possible?

Rebelgecko 7y ago
presumably by being a salaried exempt employee
chrisseaton 7y ago
If you're paid a significantly large salary then you are 'exempt' overtime and they can ask you to be available at any time. The expectation is that you're being paid as a professional to achieve something, not to clock-in and clock-out. If you want to work hours only with formal overtime you can get a job that's paid less and paid hourly so that you are eligible for overtime, or you can ask for extra compensation and negotiate those terms yourself, but they may say no in which case you should look for a different job if it matters to you.
- ansgri 7y ago
  But what would they actually do if you’d say that you’ve been on call enough already, not going to continue for a week or two? sure they wouldn’t terminate you, that’d be too expensive for a skilled employee of which there is rumored to be a great shortage. American work culture seems very strange.
  - chrisseaton 7y ago
    > But what would they actually do if you’d say that you’ve been on call enough already, not going to continue for a week or two? You have a conversation about it, adult to adult. Why’s that so hard to do? > sure they wouldn’t terminate you, that’d be too expensive for a skilled employee of which there is rumored to be a great shortage Yes that’s your leverage in a deal. > American work culture seems very strange. Individuals being able to work out what balance of work and compensation works for them by talking to their employer is strange? The question was how is it legal - it’s legal because the government lets highly paid professionals with leverage manage their life themselves.
  - vkou 7y ago
    It would be expensive to let you go, compared to the costs of fixing it, but if they give in, then everyone else will push back on this, too. Which will be more expensive for them in the long run. So, the smart thing to do is to make an example out of anyone who pushes back. Tech workers have no solidarity, so management is very successful at divide and conquer tactics.
  - alistairSH 7y ago
    While they might not terminate you, they have other means of retaliation - reducing scope of work, assigning "good" projects to other employees, generally making work life miserable, with he goal of driving you out (and making an example of you - better be a good little wage slave - the executive team and major stockholders need to buy another yacht).
- alistairSH 7y ago
  If you're paid a significantly large salary then you are 'exempt' Exempt status has little to do with salary (minimum salary for an exempt employee is $35,568). In general, the only requirements are... salaried (vs hourly), and perform any of executive, administrative, or professional duties. So, darn near everybody on a salary gets lumped into the exempt category. More details here... https://www.thebalancecareers.com/exempt-and-a-non-exempt-employee-2061988 https://www.thebalancecareers.com/exempt-and-a-non-exempt-em...
astura 7y ago
Some employees are exempt from the FLSA. https://www.deputy.com/us/glossary/what-does-it-mean-to-be-exempt-from-flsa https://www.deputy.com/us/glossary/what-does-it-mean-to-be-e...

presumably by being a salaried exempt employee

If you're paid a significantly large salary then you are 'exempt' overtime and they can ask you to be available at any time. The expectation is that you're being paid as a professional to achieve something, not to clock-in and clock-out. If you want to work hours only with formal overtime you can get a job that's paid less and paid hourly so that you are eligible for overtime, or you can ask for extra compensation and negotiate those terms yourself, but they may say no in which case you should look for a different job if it matters to you.

ansgri 7y ago
But what would they actually do if you’d say that you’ve been on call enough already, not going to continue for a week or two? sure they wouldn’t terminate you, that’d be too expensive for a skilled employee of which there is rumored to be a great shortage. American work culture seems very strange.
- chrisseaton 7y ago
  > But what would they actually do if you’d say that you’ve been on call enough already, not going to continue for a week or two? You have a conversation about it, adult to adult. Why’s that so hard to do? > sure they wouldn’t terminate you, that’d be too expensive for a skilled employee of which there is rumored to be a great shortage Yes that’s your leverage in a deal. > American work culture seems very strange. Individuals being able to work out what balance of work and compensation works for them by talking to their employer is strange? The question was how is it legal - it’s legal because the government lets highly paid professionals with leverage manage their life themselves.
- vkou 7y ago
  It would be expensive to let you go, compared to the costs of fixing it, but if they give in, then everyone else will push back on this, too. Which will be more expensive for them in the long run. So, the smart thing to do is to make an example out of anyone who pushes back. Tech workers have no solidarity, so management is very successful at divide and conquer tactics.
- alistairSH 7y ago
  While they might not terminate you, they have other means of retaliation - reducing scope of work, assigning "good" projects to other employees, generally making work life miserable, with he goal of driving you out (and making an example of you - better be a good little wage slave - the executive team and major stockholders need to buy another yacht).
alistairSH 7y ago
If you're paid a significantly large salary then you are 'exempt' Exempt status has little to do with salary (minimum salary for an exempt employee is $35,568). In general, the only requirements are... salaried (vs hourly), and perform any of executive, administrative, or professional duties. So, darn near everybody on a salary gets lumped into the exempt category. More details here... https://www.thebalancecareers.com/exempt-and-a-non-exempt-employee-2061988 https://www.thebalancecareers.com/exempt-and-a-non-exempt-em...

astura 7y ago

Some employees are exempt from the FLSA. https://www.deputy.com/us/glossary/what-does-it-mean-to-be-exempt-from-flsa https://www.deputy.com/us/glossary/what-does-it-mean-to-be-e...