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Why I Don't Do Unpaid Overtime and Neither Should You

thecodist.com

41–50 of 263 posts

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#41

Coming from a student, for those who might really enjoy the project they are working on and have a comfortable enough lifestyle to not worry about money, working more is its own reward. I am only paid for a maximum of 20 hours a week though I work more than that since I enjoy working.

Well explain to the your children that they can't get more food because daddy likes the work more over getting paid.

A bit harsh but understand that not all people live in the same context. Single, student, ...

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#42
post #37

Earlier quoted context omitted.

If you live your work life, say from when you're 25 to 65, working from 9 to 5 on something that you don't really care about but you do just to pay the bills, aren't those 75,000 hours of your life you flushed down the toilet? That's almost half of your adult life, if you exclude sleep, that you throw away just so you can "enjoy" the other 8 hours a day you have. I personally have failed miserably to be happy with my…

Tell that to the people cleaning after you in the office. The people picking up your trash or the millions of other jobs that pay the bill. Now if we are only talking in the domain of information workers. There is still CRUD to be developed or the 1 millionth website designed or other boring business logic to be developed. I got this questions many times if you win the lottery would you still be doing your job. Hell…

Why do I have to compare my situation to that of a latin-american middle-aged lady that ran away from the crippling poverty of her country to pursue her version of the American dream? How does that put in perspective 300 grand I dumped into six years of education at two top 5 US institutions and years of experience at industry giants?

If I had unlimited money, I would still work in technology and with technology, I simply love learning and hacking too much. I would not be writing mindless Java CRUD though, unless perhaps if those were my customers and I somehow felt that someone's life somewhere will so greatly benefit from it that I HAVE to do it for their sake.

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#44
post #3

You should be paid to do a fixed amount of work (generate a certain amount of value for your employer), not work a fixed number of hours. If you can get that work done in 10 hours a week, everybody wins. If you need to work 70 hours a week to do that work, well, maybe you're not a good fit for the job.

For a big company at least, I feel that this is an ideal world solution rather than a real world one. The amount of hours tasks take are going to be really hard to estimate, meaning that your work hours will on part depend on the luck of tasks allocated. Also you will have plenty of people out to game this by setting low expectations of what can be achieved in the week and making those in less hours.

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#45
post #22

If you lose your job you may have to pay a lot more (COBRA) for a limited time No, you'll pay the same as you were paying. Its just that before, you thought you were being paid $100,000 when in fact you were being paid $120,000, and out of that came your health insurance and the other (more-than-) half of your social security and income taxes.

You pay 10% more on COBRA than your employer was paying on your behalf. But the gist of what your saying still stands.

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#46
post #40

Earlier quoted context omitted.

It's good thing you're not a lawyer because nothing he said violated the law or a contract. :) Unless I missed it, the only thing he discussed relating to laws was how other countries dealt with this sort of thing. Refusing to work unpaid hours is just fine, perhaps you will be fired, but it is definitely you're right but no boogeyman is going to come and lock you up for banging out mindless Java code to meet some un…

First, he suggests that no one should work overtime, which isn't practical for people who can't afford to get fired. Second, he suggest that there's no benefit to working over time, while many would see keeping your job as a benefit. I'm not sure if he realizes that refusal to work overtime can, in itself, be a reason to get fired, or if that consequence simply doesn't matter to him. Either way, saying that they shou…

First, he suggests that no one should work overtime, which isn't practical for people who can't afford to get fired. Second, he suggest that there's no benefit to working over time, while many would see keeping your job as a benefit.

Even if the employee receives proper benefits from those extra working hours (in Argentina, extra hours should be paid double what a regular hour costs), how is his point invalid? He's arguing that your life is worth much more than that. Near the end, he mentions people in China who have no option to refuse working extra hours, and yet that's wrong. It's wrong because those people SHOULD have an option to say no to being f over each day by their employers. Their lives are worth much more than those iPhones.

Of course, if you need to put food on your family's table and there's no other job on sight.. well, you'll do it no matter what. But it's not what we should strive for.

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#47
post #21

I work at Twitter, where i regularly work longs hours (my standard work day is something like 10 - 19:30) and am frequently on call. I even spend time at the weekends thinking and hacking on specific problems. I feel that the author's post doesn't apply in my case, because: - Some of the problems i work on are amazing. They're interesting and fun, and i enjoy them outside the normal "work hours". - Twitter has an "un…

They don't need everyone to work overtime as long as there are people like you that do.

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#48
The U.S. has a strong free enterprise foundation and its laws reflect this. Freedom of contract remains the rule even though it is much criticized in some circles and has been hedged considerably over the years. In employment, the old rule was that you could pretty much fire anyone at will for any reason and, if you did, you incurred no legal consequence. This is pure freedom of contract. In time, this unrestricted freedom came to be deemed repugnant where it bumped into important social policies - for example, that employers not discriminate on the basis of race. Hence, protective laws were passed and these circumscribed the old unrestricted freedom to have pure at-will employment relationships that gave an employer an open ticket to fire people for any reason whatever, even a repugnant one. That said, however, when you get down to the day-to-day employment relationships that most of us encounter, the at-will rules still prevail and, with limited exceptions, it really does remain the case that most people can be fired for any reason at any time and almost always without legal consequence. This may be seen as good or bad but it is the way of life under U.S. law with its strong bent toward free enterprise and freedom of contract.

The same pertains to overtime rules for employees. The U.S. does have a body of protective laws that require employers to pay overtime for excess hours worked, either by the day or by the week. But the historic relationship between employer and employee had a strong bias toward freedom of contract - that is, if an employer and an employee agreed to a certain working relationship, that was their prerogative and the government had no say in the matter. Again, this older form of unrestricted freedom led to consequences deemed repugnant as a matter of social policy (e.g., sweatshops). Thus, laws were enacted to abridge the older unrestricted freedom of contract (wage and hour laws, in the example considered here). But, as in the case of at-will rules, these laws did not disturb the large measure of freedom of contract that formerly prevailed except for the specific situations where a policy judgment was made that the workers were most vulnerable and in need of protection. Thus, U.S. overtime rules apply without question to low-skilled jobs and to low-paying jobs and to jobs where the employees have little or no independence or control over how they perform their duties. But these protective rules can and do peacefully co-exist with an equally important set of rules providing that high-skilled employees, skilled professionals, employees with substantial administrative responsibilities with managerial functions, and like positions are expressly exempted from the overtime rules. The idea is that, in a free economy, as a matter of policy, it is better for parties to retain freedom in defining the work requirements of a position than for the government to dictate protective rules where the parties are not deemed in need of protection. In other words, the employer-employee relationships for such exempt categories are deemed to be healthier if the parties are free to negotiate salary/bonuses or other compensation that is not tied to rigid rules about overtime. The laws let the parties have much more flexibility in deciding how to frame their relationships, and this basically reflects the old-style freedom of contract that has always characterized the U.S. economy. Protections were adopted as deemed necessary but they are limited as a matter of public policy. This can be seen as good or bad but it is the law in the U.S.

What does this mean in practice? It means, for example, that a computer professional can be paid a salary of $100K/yr and be asked to work like a slave, all without overtime compensation. But that same professional, if paid $30K/yr, is required to be paid overtime for excess hours worked, even if that person is on salary. One case is treated as appropriate for free choice by the parties without overriding restrictions; the other is not. And the difference, in this case, turns on the amount of salary paid - the highly-paid worker is treated as being able to protect his own interests while the relatively low-paid worker is not.

Europe clearly has taken a different approach and this too can be seen as good or bad depending on one's perspective. In general, in Europe, the idea of open-ended freedom of contract is suppressed in favor of more sweeping protective laws favoring employees. Whether this leads to a robust economy or chokes enterprise is open to debate but it clearly differs from the U.S. approach.

In this piece, the author criticizes the U.S. employment pattern as, in effect, requiring exempt computer professionals to work for free when they are required to work excessive hours tied to a fixed salary. In making this point, the author admits that his European biases are showing. The "U.S. view," if I can call it that, is not that the worker is being made to work for free but rather that the worker has not agreed to be paid by any hourly measure but rather for an overall performance to be rendered, no matter how many hours it takes. This might be regarded as "slavery," but (taking, for example, the exemption for executives) does anyone really believe that top executives have as their focus the exact number of hours worked as opposed to broader goals related to their job performance. The same can be said of professionals, as many computer professionals look primarily to the task and not to the hourly measure as the mark of their jobs. In my field, lawyers too see the hours worked as entirely secondary to their jobs. For every such executive and professional who would be deemed "helped" by overtime laws that might be extended to apply to their jobs, there would undoubtedly be many who would recoil at the limitations of suddenly not being able to do their jobs without regard to the scope of hours worked. I don't believe that most such employees see their work as "slavery" when they have to work excessive hours. I think they see it as career development. And, in any case, the U.S. law gives such employees freedom to become "slaves" if they so choose for their own reason. It is the old freedom of contract and highly skilled, highly compensated workers in the U.S. retain that freedom to choose, as do their employers.

Work-life balance is very important as well, a point the author emphasizes. He seems to have made that choice later in life (as did I) and I commend him for it. But, while I can exhort others too to strive for such balance, I will not begrudge them the choice to work exceedingly hard (especially as they are first developing in their careers) to achieve other "unbalanced" goals. People do accomplish insanely great things by working insanely hard. If they choose to do this in their work as employees, that is their privilege and, as long as they are highly-skilled and highly compensated, I say more power to them if they do it without the benefit of protective labor laws.

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#49
post #39

Towards the end, he gets to the main point - the US health system is not set up for people who aren't wage slaves for a big company. The idea that a company should pay your pension is also kind of dumb.

Bingo. What to do about it though? Would meaningful reform of the current system be possible? Where could one start?

Re: Why I Don't Do Unpaid Overtime and Neither Should You

#50
post #40

Earlier quoted context omitted.

It's good thing you're not a lawyer because nothing he said violated the law or a contract. :) Unless I missed it, the only thing he discussed relating to laws was how other countries dealt with this sort of thing. Refusing to work unpaid hours is just fine, perhaps you will be fired, but it is definitely you're right but no boogeyman is going to come and lock you up for banging out mindless Java code to meet some un…

First, he suggests that no one should work overtime, which isn't practical for people who can't afford to get fired. Second, he suggest that there's no benefit to working over time, while many would see keeping your job as a benefit. I'm not sure if he realizes that refusal to work overtime can, in itself, be a reason to get fired, or if that consequence simply doesn't matter to him. Either way, saying that they shou…

It's only impractical in a poor job market. I take it you write code?

As a fellow Canadian, I have only one suggestion: get the fuck out of Canada. The market for programmers is piss poor, the selection of jobs anemic and mostly drudge-work monkeying. There are other geographies that offer much more interesting work, double-to-triple Canadian salaries, and a strong enough employment scene that nobody can hold much over your head, least of all fears of being on the street.

You sound like you're being bullied. Your employer is holding your basic survival over your head to get you to commit to unreasonable demands. I'd highly suggest turning this around.

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