How to discuss unpaid overtime with your employer
It might not seem fair when being on call is both mandatory and uncompensated, but fighting the policy might not be a good idea
Follow @ITCatalystsDear Bob ...
Not long ago, I started a six-month contract-to-hire position through a staff augmentation firm. I am paid by the hour and receive no benefits of any kind. If, at the end of the contract period, I am offered a full-time position, it will be salaried with benefits.
[ Also on InfoWorld: Bob offers some tips on understanding workplace decisions and machinations in "The two sides of office politics: Know the difference" | Get sage advice on IT careers and management from Bob Lewis in InfoWorld's Advice Line newsletter. ]
The position requires being on-call Saturdays and Sundays from 10 to 5 to do remote desktop support. It's a rotating responsibility which we each get about once every six weeks. I was not informed that there would be regular weekend hours when the recruiter contacted me about the position, nor was I informed by the agency that our client/my future employer would refuse to pay for any hours worked for weekend on call duty.
The client's position is, apparently, that being on call on the weekend isn't "real" work, inasmuch as you don't actually do much work during weekend duty. To be fair, that's accurate -- out of the 14 hours total you're required to be available, it's rare to do even as much as 1 hour of actual work.
I do understand their position. My own is that I should be receiving some form of compensation inasmuch as being on call impacts my weekend pretty significantly. Even if I were able to leave the house, which I'm not, I wouldn't be able to (for example) go to the movies for fear of missing a call (or, conversely, taking the call and having to leave the movie to do so).
I have explained all of this to my employer, and they understand where I'm coming from. I've also told them that if I had been informed there would be regular weekend duty without compensation, I would probably have declined the job. They have said that they are going to discuss the situation with the client company. We'll see.
As I said, I do understand the client's position, but I don't think they understand mine. Accepting things the way they are is not an alternative for me. If I'm to give up my weekends to a significant degree on a regular basis, I expect some form of compensation. I'd be willing, for example, to accept a half-rate of pay for weekend duty; I think that would be fair, but if the client stands firm on refusing to give me any compensation for weekend duty, then I regard that as a dealbreaker.
Any suggestions you may have for what else I can do would be appreciated.
- Unpaid
Dear Unpaid ...
