how to tell employee no overtime

Some state and local government employees may be eligible for comp time under certain conditions. Thank you. Take advantage of all these tips by saying no to the boss for overtime without fear. How To Calculate Withholding and Deductions From Employee Paychecks. Incidentally, in order to comply with this directive, employers in Europe are effectively forced to keep track of employee working hours. It only takes a minute to sign up. (Company) retains sole discretion to determine when employees must work overtime. If there are The Fair Labor Standards Act states that any nonexempt employees must receive time and a half pay for any hours worked above and beyond the 40-hour work week. Save my name, email, and website in this browser for the next time I comment. A very powerful, but often overlooked way of discouraging excessive overtime is to offer people flexible working hours. Wise, a partner with Niehaus Wise & Kalas Ltd. You can choose how to keep those records as long as they meet FLSA requirements. While this is a great compliment, boredom will kick in if youre doing the same task over and over again. The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. (Our normal on-call strategy wasnt good enough for some reason.) Remind non-exempt employees that they need to record all of their time worked. Employers can use commissions, nondiscretionary bonuses, and other nondiscretionary compensation to make up for the HCE designation. He told me that there is plenty of work remaining for tomorrow, and that now is not the time to "burn the midnight oil.". Once for a marketing proposal. Be straight. My morale rose, and I believe that I became a more valuable employee. Honestly, I enjoy the work (and the travel), so I really dont mind it! but someone in my Part of wrod he taken overtime, I think he knows my boss and He every time taken smilling and talking with him. They did this to me at Ralph Lauren. Do it before your boss requests more from you each week or month. Agency as they are her employer. Occasional overtime is what I was told when I was hired. How do you encourage the workforce without incentives? Our body doesnt work like that, and it could lead to severe problems such as heart attacks. Guys i dont know what can I do? But, we advise Always good to go to the data (if you have access to it). You can take a softer line in this exempt case though since some people just enjoy working 60 or 80 hour weeks for no extra pay. You also cant spend as much time with family and friends as you should be. An employee can refuse to work overtime, but this may mean they violate the terms of their employment or that they cant fulfil their responsibilities or duties. Browse other questions tagged, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site. My husband is a restaurant manager, and he rarely gets two days off consecutively (never on a regular schedule, usually only for a holiday or special occasion). The only other thing I would say is that while working hours are a significant part of your situation, managing people such that they don't feel the need to spend excessive hours of over time is another. 1. You are not obligated to work overtime unless it is stated in the employment contract that the employee agrees to work overtime at the discretion of management. No, you won't have to set up time clocks for your executives, but you will have to keep records to make sure these employees are making more than the minimum. The question is really a different one: at what point does a refusal (and subsequent firing) bar you from unemployment? Never much fun. "Scale" occurs only three times in this page: once in the above comment and twice in this one. We had to do that for 4 days. U.S. Department of Labor. An unlawful request Its not suitable for the boss to stay longer than everyone else. Non-exempt employees are already paid overtime if they work at least 40 hours per week. The court let the case proceed as a class action, saying a no overtime policy is irrelevant if the company either encouraged employees to work unreported overtime or made it impossible to perform the job in 40 hours and turned a blind eye to the extra hours. I work friday on day sometimes only till 3 as I have my little girl. Your boss must know your limitations so that you can continue doing well. If they ask for overtime, politely decline and make sure you let them know why too. If the employee is given enough notice that they have to work overtime, If the employee has already stated that they cant work overtime, The pattern of work of the The agency should never ask her to falsify records in any instance. Eligibility The costs of training would surely even out with not having to pay so much OT! updates: coworker prayed Ill return to Jesus, the awful corporate jargon, and more. Have a system for non-exempt employees to record time. Overtime should be for times like deadlines or emergencies. Yes they gave extra time, but you don't want to encourage a culture where that is expected, required, or rewarded. He sent out an email saying something to the effect of, In order to conserve energy, lighting and HVAC will be turned off Politically, the safest thing to do is get on with it. I work overtime every now and then when needed, which I dont really mind. This rule has little effect on non-exempt (hourly) employees because they are already paid overtime if they work at least 40 hours per week. But some employees, because of the nature of their work, are considered to be "exempt" from overtime pay. As a friendly aside, that article is filled with misinformation and should be taken with a grain of salt. Finally, there are some systems that prevent them from continuing to log in hours and basically asks them to call it a day. i will start looking for a new job nonetheless, just in case amphibient The Executive acknowledges and agrees that the duties of the Position will require that the Executive works numerous hours at various times during the day and, accordingly, the While you weigh your options and All rights reserved. A few days, or even a few weeks, isnt so bad if you are being compensated. It would be worth asking the question. Employees who work more than that will be compensated according to legal requirements. If we could afford to pay them to for this overtime it would be great. Client staff saying no leads to resentment from their colleagues and management (and the consultants too, but who cares about that). Comp time refers to the practice of allowing an employee to take extra time off from work after a long week, instead of overtime pay. You might, instead, tell those who insist on working overtime without notice that you expect them to leave work an equal time the following pay period so it doesn't affect accounting as much, and that if they continue to work overtime without notice you may be forced to let them go for violating company policy. One policy could be that no staff member is allowed to work overtime hours unless it is approved by management. Exempt employees must be paid for any week in which they do any work; they don't have to be paid for a week in which they didn't work. | Theme by SuperbThemes.Com. Doesnt the W-2 designation make the difference here? http://stats.oecd.org/Index.aspx?DatasetCode=LEVEL. By Homebase Team It seems like a simple question: Does paid time off (PTO) count towards overtime? But it makes me feel uncomfortable - for example, if things took a down turn and somebody had to leave, it could cause bad feeling if one of the 'overtimers' were dismissed. - Legal Answers - Avvo Legal Advice Employment Advice If no overtime is allowed, what do you do with Q&A Asked in Jacksonville, FL | Jan 25, 2016 Save Make it a point to take a break and keep yourself physically and mentally fresh. 3. If they give reasons such as the deadline is coming and Im overloaded, say no to the boss for overtime. everyday at 6:15. Please dont let them take advantage of you by working forever without anything in return. Aged Care COVID-19 infection prevention and control online training is available for approved aged care providers and employees of approved providers. Since there arent enough hours in a day, they spend less money on personal things such as: Taking part in activities that would lower their stress levels. Out of the $805,000 total, the plaintiffs will split $442,500 for alleged unpaid wages and damages. I find it empowering, personally, to make it a conscious choice. The DOL regulations don't specifically state that records must be kept for exempt employees, but if you have exempt employees whose weekly pay is close to the overtime cutoff ($684 per week), you might want to have those employees complete a timesheet. The bonuses must also be paid at least quarterly, not just at the end of the year. U.S. Department of Labor. You can later instruct them that phone calls are ok as long as they are immediately followed by email for a paper trail of sorts. Under the new rules that went into effect Jan. 1, 2020, employees who make less than $684 a week (or $35,568 a year) must receive overtime pay, even if they have been classified as "exempt." Im not saying there wasnt a violation they may have been but the fact that she was a contractor means you cant immediately jump to that conclusion. Says who? My boss said to me tonight that he needs cover Friday nights. Wow so many answers! This could switch every day/week, so that people at least get a day/week block of time to concentrate of their tasks (depending of course on their business needs). Employees considered to be "bona fide executive, administrative, professional and outside sales employees," some computer employees, and some employees who are paid a salary equal to no less than $684 per week may be exempt from overtime pay. If necessary, return after they have gone home. Some companies might end up fire you for not wanting to work overtime, even if they dont request it in your employment contract but that kind of sacking might be illegal so you could always sue them for unfair sacking. We have projects like that, but its usually 2-3 weeks maximum and we get to see the results of our hard work with the finished product. The National Labor Relations Act and a variety of statutes Do You Need To Track Time for Exempt Employees? DA. It is especially true for employees with a better position. Tell them that youll be happy to help out on your terms. If they ask you to work extra hours, it is because of the importance of the task or job. So this is definitely one of those areas where its good to check your own state department of labors website before you count on any particular rights. Effective Jan. 1, 2020, the Department of Labor (DOL) increased the minimum weekly pay for exempt employees, making more people eligible for overtime pay. Checklists are your best friend here. Australia to west & east coast US: which order is better? I feel this answer is more about working flexibly rather than about overtime. Do you mean month /week? Having 1 person working at 50% and two working at 100%, but only putting in 100% of their hours might work out better than having three people working at 70% (because of the task switching), but working 120% of their hours to make up the time. Ive done that too. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. 1. It would help if you had a life outside of work, or it would affect your productivity and efficiency in the office. If you do not, you will only burn out sooner or later. This is called overtime pay. Instead, they said supervisors pushed them to meet sales quotas no matter how many hours it tookand told them to report 40 hours. If your boss is understanding, then there is less of a problem. In this way, you can do what is best for everyone involved. Employees frequently decline to perform the mandatory amount of overtime that is assigned to them. Overtime is especially bad for workaholic people. Overtime pay is required for certain employees when they work over 40 hours in a week. You found some real good people that want to take care of a business that's not even theirs, give them what they are worth and let them become part of it. But also be prepared for the possibility that hell tell you no, this is an all-hands-on-deck type thing or that he wont require it, but everyone else will be doing it and it will hurt you professionally if youre the one person who opts out. Im not generally in favor of the government micromanaging businesses, but in cases like this where it protects the drivers and the public from some companies pushing too hard I can stand a little enforcement. Example 2: At a Texas call center, a group of hourly workers sued for unpaid overtime even though the company had a no unauthorized overtime policy. That doesnt mean the research drawn from the study is bad. The workplace is merely the client. If you are lucky enough to have that kind of people working for you, which I can assure you it's VERY RARE, consider talking to your lawyer and making them become part of the business, even if its for 1%. using wagmi.sh, Why is there a diode in this PCB? Yes,there is a camaraderie that forms when we were all in it together and you get to tell the war stories later on.. In the UK, I have known business to request that employees opt out of the WTD not so they can work longer hours, but to remove the requirement for hours to be tracked, reducing the administrative burden on both the employee and the company. I personally find it best if the overtime is actually requested in the contrct, at one company I worked it was requested that you worked max 10 hours 5 days a week, first 8 hours being regulars, and next 2 being the overtime hours, and I never was in limbo regarding the overtime. We know for a Can I Say No to Mandatory Overtime and Still Keep My Job? But the DOL has more rules to protect lower-paid exempt employees from falling below the minimum wage, by requiring that they must be paid overtime. Save my name, email, and website in this browser for the next time I comment. There were no computer problems (duh), so we basically used FEMA funds to trade shifts playing minesweeper and surfing the web. A new coworker is working too much and management doesn't understand it's neither normal nor healthy, what can I do? Try to keep personal time out of the workplace not to affect you or those around you. Such posts as the one cited suffer necessarily from the illneses of popularizing scientific studies, I think. Watch NEWSMAX LIVE for the latest news and analysis on today's top stories, right here on Facebook. Plus it could set a precedent that the OP might not want to encourage. Seriously, I think I could write a book on the number of ways companies lose money through mis-management. If your employer has not paid you for overtime, make sure you receive the pay you deserve. Aged Care COVID-19 infection prevention and control online training is available for approved aged care providers and employees of approved providers. Fine by me, until there were several instances of when I had to work overtime to meet deadlines and I was not allowed to claim those hours on my time sheet. Now if she is paid hourly and the client doesnt want to pay OT, thats a fight between the agency and the client. The report said some employees assumed their unapproved overtime was OK because their supervisors never addressed it with them.. Did the ISS modules have Flight Termination Systems when they launched? Its important to check your employee handbooks as they are binding and will often give you protections above what the law requires. Therefore, starting on July 14th, all overtime must be approved in advance in writing or via email by your direct supervisor. How one can establish that the Earth is round? My new job is a lot more flexible and it wouldnt be an issue. Emphasis: I rewarded his kindness and his recognition of my work/life balance with increased efficiency and effort. And though it only has 2 votes (so far), I rate Adam Davies' answer highly because it addresses the core of the issue - how to be appreciative but firm. Certainly sleeping at work and working 18 hours days falls well over the line of reasonable (unless you knew you were signing up for that, such as if you were working on a political campaign). I then HAD to work until 9:30 pm even though I begged my supervisor at 7pm that I was tired and was too tired. do you have to be paid if your office is closed because of a hurricane? Just two weeks ago this new manager we now have was trying to force me to work overtime on something that never required overtime before this person started. By doing so, youll feel much better than running through several hectic functions at once. Dont put yourself at risk by working longer than you should. (You do have the ability to reprimand the worker since they broke one of your workplace rules.). Consider additional tracking measures, such as electronic entry cards, to back up employee reports. "Fact Sheet #7: State and Local Governments Under the Fair Labor Standards Act (FLSA).". Apparently in the UK, you are not required to pay overtime as long as the unpaid hours do not take the rate of pay below minimum wage. You can quit was all they told me, but we dont have anything else. So, I ended up doing the OT, although i spent most of it at my computer on Facebook because there was very little for us to do. I think (and maybe Im wrong) that were missing one piece of the story. What Is the Difference Between Hourly and Salary Employees? any Employer try to force the workers to work more than 50 hours a week( unless the worker volunteer for it), then that employer will be fined $250,000 every time they force the worker lol:X. I work 12 hours 4 days aweek I do one week days then nights Monday to Thursday. You need to set boundaries to avoid this issue altogether. Email Message to Employees Format. 3:11-CV-1467, ND TX, 2012). State laws may offer more restrictions, but since even California doesnt seem to have a minimum time between shifts, I suspect that no state does. Accused of working overtime and possible misconduct, boss admitted simple mistake but no apology. Its not common, but there are a few places in the U.S. that do restrict the number of hours and days someone can be required to work in a row. Overtime Pay. @starsplusplus I had added an explanation already, but I have clarified it further. Lastly, as overtime is only discovered when time sheets are turned in it occasionally causes more difficult accounting issues we would like to avoid. Unless youre something like a trucker or an airline pilot, federal law in the US doesnt care. This is important I cant tell you what a huge difference this kind of attitude makes. I reality, I think he just wanted everyone there from 9-5 so he wouldn't have to work late, and so he wouldn't get called when he was with his family. My best advice would be to check your employment contract, and see if overtime is required on your contract, if it isnt then then you should have no problem refusing to work overtime. Vacation, holidays or sick days should not be included when performing these calculations unless the employee worked on those days. As far as the law is concerned, youre screwed. Its pretty clear that there isnt a direct correlation among OECD nations between hours worked and value per hour. Simply reach out to us and well do everything we can to assist you. People burn out/become unproductive if there are too many days like this over time. This is done so that the management is kept abreast with the work being done, for the security of the employee etc. How Does Overtime Work for Highly Compensated Employees? However, dont give in to every request if it affects your personal life too much. Though Missouri is claimed there as an 8 hours off state, and Im pretty sure its not. I am Aleena N. Amjad. Employees who have certain types of jobs and who are paid certain minimum salaries are considered exempt from receiving overtime pay. You can also emphasize other cultural aspects of the organization that this change would improve if you don't want the focus to be solely on the financial issue. This also will lead to a snowballing effect. Watch NEWSMAX LIVE for the latest news and analysis on today's top stories, right here on Facebook. No matter what method you use to say no to boss for overtime, make sure you, Working overtime is not only bad for your. 3. This option could keep the project up to speed while letting everybody see their families and get their laundry done. Give context to cut hours. My boss later told me that there was no one else to do the job! If the employee is entitled to be paid overtime rates (that is, their salary does not already compensate for reasonable overtime or they are not paid a loaded rate which includes overtime), ensure that you tell the employee that they will be compensated for working overtime. ending at 2:45 AM I was exhausted and got home at 3:45 am and slept at 4:30 am and then got up at 7:30 to be a work at 10:00 am. If you're using a time clock mobile you can send them a reminder as a push notfication to clock out when they reach, what you have set to be, their maximum daily limit of hours. When does overtime become more than occasional? It is essential for managers who are in charge of managing the extra hours of employees to be aware of the times that individuals arrive at work and when they leave to go home again. Stories like this one make me glad Im a temp, and can charge for time over what was agreed upon. I think 55-60 is reasonable for me, I do get irritable after about 65 or so unless its a really intensive project. As an employee who qualifies for overtime, am I allowed to say no to my manager? I dont know what happen but I worked sometime after my work finish. 2. If it's mandatory, then find a new job. We used to call this the clopener shift: closer at night, opener the next morning. If it is frequent, it could affect your position in the company, which is why they ask for overtime in the first place. You also cant spend as much time with family and friends as you should be. I might reword the question to At what point does a refusal to work overtime become likely to get you fired? since ending up on unemployment isnt most peoples ideal outcome! You can do it when there is a special event or deadline approaching. If it went on for more than that, Im not sure what the quality of work would have been. For instance you can pay a contractor a fixed rate for a project, regardless of how many hours are involved. My laptop is in _____s office resignation. But a no unauthorized overtime policy is just the start. Web6,045 7 31 45 8 Your email is fine, if perhaps overkill. You'll suggest alternatives to the boss's request. I appreciate the extra effort, but if you keep putting in that many hours you are conditioning people to expect that level of effort from you in the future and I'm concerned you will burn out." 4. If you really don't want your workers to work late, you need to get a grasp of the amount of time they really need to get the work done during work hours. Employees cannot volunteer. Overtime pay rates are more significant than your hourly rate. If you cannot impress this upon them and get them to voluntarily comply, it becomes a disciplinary issue. With a business background, I have an inclination towards raising awareness of workplace issues as catering to them helps you excel in your career. Dec 15, 2012 at 23:43 2 Overtime was never mentioned in the contract or during the interview. As soon as someone requests overtime from you, ask questions like when and why they need it. I hope you reported this to the state labor board. update: how do I avoid mom energy with my younger employees. Proper planning and management is vital! this is not fair to me from my boss give someone overtime, and to me not givin. You can see from the votes how many other great answers there are. Subject Line: Departmental Changes. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site.

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