I know someone who works at Apple. Every time I talk to him on IM, he's at work, even in the middle of the night. He loves his job, but he pretty much works all the time he's not asleep.
It wouldn't surprise me if Apple was skimping on overtime, or that someone would sue them over it.
I know someone who works at Apple. Every time I talk to him on IM, he's at work, even in the middle of the night. He loves his job, but he pretty much works all the time he's not asleep.
It wouldn't surprise me if Apple was skimping on overtime, or that someone would sue them over it.
Many companies with a reputation for quality or attractiveness to new recruits seeking a fortune in stock options will gladly work themselves silly. Again, if anyone is unhappy with their current working conditions, they should leave.
Of course the answer is right here at the bottom of the website! The google ad:
Exempt vs. Non-Exempt. Who's Exempt from Overtime in CA? Free report for Employers
See, it is an issue. Of course this occurred in Florida.
Another tactic companies have been known to pull is the "work long hours one day, but ensure 40 hours is not exceeded" rule. Companies have been known to ask an employee to work long hours one day, giving the impression of overtime pay. Then they cut hours the following day and say, "Well, you didn't work more than 40 hours this week, so no overtime for you."
I don't know what the law is like in Florida but in California, exempt vs. non-exempt is a bit tricky.
Just because a company pays you like a salaried worker (not by the hour) doesn't automatically make you exempt. California put strict requirements in place describing the duties an exempt worker must be responsible for to quality as exempt. They did this to prevent companies from avoiding OT by making their workers salaried employees.
I think this was Apple's problem in the other lawsuit which was filed in California (don't quote me on that). However, I have no idea if Florida has similar restrictions.
-kpluck
Some of these restrictions may be Federal rather than state. The two part requirements for overtime exemption are:
Salary pay must be a minimum of $455 per week (administrative, or special professional) or $27.63 an hour (computer programmer).
No salaried employee gets overtime pay. I would assume this guy was salaried.
BZZZZ WRONG. This is a common misconception about salaried employees. The fact is that salaried employees were always entitled to overtime pay if they met certain requirements.
The first requirements was compensation. Before 2004 it was only $155 a week or about 3.87 per hour on a 40 hour week but then was raised to $455 week or about $11.37 per hour on a 40 hour week.
The second was job performed. In 2004 this was changed to job duties to deal with the practice of giving flamboyant titles to avoid overtime pay (the sanitary engineer for garbageman nonsense of the 1980s and 90s)
Most salary jobs require you meet both these tests to not qualify for overtime.
Many companies with a reputation for quality or attractiveness to new recruits seeking a fortune in stock options will gladly work themselves silly. Again, if anyone is unhappy with their current working conditions, they should leave.
People work themselves silly for a lot of companies, for a lot of reasons. And Apple employees, more than any others I have met, seem to really love their jobs. Apple attracts true believers like no other company. But if- I say again, if- they're skimping on the OT pay, sooner or later someone was bound to call them on it.
I don't know if this case has any merit or not, but the suit's been filed. It will either be settled or go to court.
People work themselves silly for a lot of companies, for a lot of reasons. And Apple employees, more than any others I have met, seem to really love their jobs. Apple attracts true believers like no other company. But if- I say again, if- they're skimping on the OT pay, sooner or later someone was bound to call them on it.
I don't know if this case has any merit or not, but the suit's been filed. It will either be settled or go to court.
If it involves employees who were salaried, it just sounds like sour grapes.
What's your point? The U.S. didn't even lose a million people in both wars combined. Even France had more casualties than the U.S. in WWII.
You have a strange definition of "sacrifice", don't you?
More to the point the USA entered the war after Pearl Harbor. The sinking of US ships by the Germans prior to this had not triggered the entry of the US into the war. Neither did the fall of France. Nor did any request of France.
GB and France entered the War when Germany pushed into Poland (the initial invasion triggered a withdraw or else warning, the push to annex the rest of Poland caused GB and France to enter the war).
It's sad that people don't just appreciate the sacrifices made by all the nations.
It is also a shame that so many Americans seam so anti-French when France gave so much to what the US is today ... the Statue of Liberty, the inspiration for the constitution, the Englightenment.
Sadly, many employees are getting shafted because their employers improperly classify them as exempt when according to the Fair Labor Standards Act, they should be non-exempt. The criteria are lengthy but essentially, if you're not managing anyone and you don't have a professional degree or are a highly compensated employee ($100k+/yr) you should be considered non-exempt. There have been many successful lawsuits based around employers not classifying their employees correctly.
As for Mr. 70 hours + a week - in your role as a consultant you should be classified exempt because you receive large commissions/bonuses and are highly compensated. If you're not making $100k+/yr and are working that much then most people would consider you a bit of a moron. For those of us making less than $100k (salaried or not), we want to be paid for our overtime and deservedly so. You only get one life and I'm not spending any part of it in an office for free.
If you're not making $100k+/yr and are working that much then most people would consider you a bit of a moron. For those of us making less than $100k (salaried or not), we want to be paid for our overtime and deservedly so. You only get one life and I'm not spending any part of it in an office for free.
I'd encourage you to start your own consulting business if you feel you cannot sit in an office or work overtime without tangible results to show for it. It feels great to have your own business, but you have no one to blame but yourself if you fail. I think our entire country would be better off if everyone was incorporated and concerned about meeting the needs of their customers instead of relying on a consistent paycheck and having a belief that they are "owed" a job.
I'd encourage you to start your own consulting business if you feel you cannot sit in an office or work overtime without tangible results to show for it. It feels great to have your own business, but you have no one to blame but yourself if you fail. I think our entire country would be better off if everyone was incorporated and concerned about meeting the needs of their customers instead of relying on a consistent paycheck and having a belief that they are "owed" a job.
I do not feel I am owed a job but I've worked hard and invested my own time and money to attain all the qualifications I have, which is why employers hire me. If they need me to stay late on a consistent basis then I need to be compensated for that time whether it be through a higher salary or overtime pay. As for self-employment, it's great when it works out but I've also seen self-employed individuals work extremely hard, put out a great service or product and then get shafted because customers never pay on work that was completed. Sure, they can sue, but that costs money that the small business person usually doesn't have. Seeing it happen to family and friends makes me very cautious. I remain open to consulting but it would have to be in the future when I am better able to absorb the risks.
I do not feel I am owed a job but I've worked hard and invested my own time and money to attain all the qualifications I have, which is why employers hire me. If they need me to stay late on a consistent basis then I need to be compensated for that time whether it be through a higher salary or overtime pay. As for self-employment, it's great when it works out but I've also seen self-employed individuals work extremely hard, put out a great service or product and then get shafted because customers never pay on work that was completed. Sure, they can sue, but that costs money that the small business person usually doesn't have. Seeing it happen to family and friends makes me very cautious. I remain open to consulting but it would have to be in the future when I am better able to absorb the risks.
I don't disagree with anything you've stated here. One of the beauties of our sometimes "free" market is that you can negotiate terms of your employment with someone before you decide to accept a job offer. During that time, you may be able to gain the upper hand and secure your employment as a salaried employee, yet still receive overtime. It would be unusual, but not unheard of.
Comments
It wouldn't surprise me if Apple was skimping on overtime, or that someone would sue them over it.
I know someone who works at Apple. Every time I talk to him on IM, he's at work, even in the middle of the night. He loves his job, but he pretty much works all the time he's not asleep.
It wouldn't surprise me if Apple was skimping on overtime, or that someone would sue them over it.
Many companies with a reputation for quality or attractiveness to new recruits seeking a fortune in stock options will gladly work themselves silly. Again, if anyone is unhappy with their current working conditions, they should leave.
Exempt vs. Non-Exempt. Who's Exempt from Overtime in CA? Free report for Employers
See, it is an issue. Of course this occurred in Florida.
Another tactic companies have been known to pull is the "work long hours one day, but ensure 40 hours is not exceeded" rule. Companies have been known to ask an employee to work long hours one day, giving the impression of overtime pay. Then they cut hours the following day and say, "Well, you didn't work more than 40 hours this week, so no overtime for you."
I don't know what the law is like in Florida but in California, exempt vs. non-exempt is a bit tricky.
Just because a company pays you like a salaried worker (not by the hour) doesn't automatically make you exempt. California put strict requirements in place describing the duties an exempt worker must be responsible for to quality as exempt. They did this to prevent companies from avoiding OT by making their workers salaried employees.
I think this was Apple's problem in the other lawsuit which was filed in California (don't quote me on that). However, I have no idea if Florida has similar restrictions.
-kpluck
Some of these restrictions may be Federal rather than state. The two part requirements for overtime exemption are:
Salary pay must be a minimum of $455 per week (administrative, or special professional) or $27.63 an hour (computer programmer).
Job duties are not covered under exemption list
With many jobs this is an AND requirement and in other it is an OR requirement. See the USDOL for the full details.
No salaried employee gets overtime pay. I would assume this guy was salaried.
BZZZZ WRONG. This is a common misconception about salaried employees. The fact is that salaried employees were always entitled to overtime pay if they met certain requirements.
The first requirements was compensation. Before 2004 it was only $155 a week or about 3.87 per hour on a 40 hour week but then was raised to $455 week or about $11.37 per hour on a 40 hour week.
The second was job performed. In 2004 this was changed to job duties to deal with the practice of giving flamboyant titles to avoid overtime pay (the sanitary engineer for garbageman nonsense of the 1980s and 90s)
Most salary jobs require you meet both these tests to not qualify for overtime.
Many companies with a reputation for quality or attractiveness to new recruits seeking a fortune in stock options will gladly work themselves silly. Again, if anyone is unhappy with their current working conditions, they should leave.
People work themselves silly for a lot of companies, for a lot of reasons. And Apple employees, more than any others I have met, seem to really love their jobs. Apple attracts true believers like no other company. But if- I say again, if- they're skimping on the OT pay, sooner or later someone was bound to call them on it.
I don't know if this case has any merit or not, but the suit's been filed. It will either be settled or go to court.
People work themselves silly for a lot of companies, for a lot of reasons. And Apple employees, more than any others I have met, seem to really love their jobs. Apple attracts true believers like no other company. But if- I say again, if- they're skimping on the OT pay, sooner or later someone was bound to call them on it.
I don't know if this case has any merit or not, but the suit's been filed. It will either be settled or go to court.
If it involves employees who were salaried, it just sounds like sour grapes.
If it involves employees who were salaried, it just sounds like sour grapes.
"Salaried" doesn't mean they don't get overtime.
Russia had far more casualties in each war than the U.S. did in both wars:
http://en.wikipedia.org/wiki/World_W...y_1914_borders
http://en.wikipedia.org/wiki/World_W...ses_by_country
(Hint: For WWII, look up "Soviet Union")
What's your point? The U.S. didn't even lose a million people in both wars combined. Even France had more casualties than the U.S. in WWII.
You have a strange definition of "sacrifice", don't you?
More to the point the USA entered the war after Pearl Harbor. The sinking of US ships by the Germans prior to this had not triggered the entry of the US into the war. Neither did the fall of France. Nor did any request of France.
GB and France entered the War when Germany pushed into Poland (the initial invasion triggered a withdraw or else warning, the push to annex the rest of Poland caused GB and France to enter the war).
It's sad that people don't just appreciate the sacrifices made by all the nations.
It is also a shame that so many Americans seam so anti-French when France gave so much to what the US is today ... the Statue of Liberty, the inspiration for the constitution, the Englightenment.
As for Mr. 70 hours + a week - in your role as a consultant you should be classified exempt because you receive large commissions/bonuses and are highly compensated. If you're not making $100k+/yr and are working that much then most people would consider you a bit of a moron. For those of us making less than $100k (salaried or not), we want to be paid for our overtime and deservedly so. You only get one life and I'm not spending any part of it in an office for free.
"Salaried" doesn't mean they don't get overtime.
That's not the case in my experience. Salaried means a flat salary, regardless of overtime or perceived inconveniences.
If you're not making $100k+/yr and are working that much then most people would consider you a bit of a moron. For those of us making less than $100k (salaried or not), we want to be paid for our overtime and deservedly so. You only get one life and I'm not spending any part of it in an office for free.
I'd encourage you to start your own consulting business if you feel you cannot sit in an office or work overtime without tangible results to show for it. It feels great to have your own business, but you have no one to blame but yourself if you fail. I think our entire country would be better off if everyone was incorporated and concerned about meeting the needs of their customers instead of relying on a consistent paycheck and having a belief that they are "owed" a job.
I'd encourage you to start your own consulting business if you feel you cannot sit in an office or work overtime without tangible results to show for it. It feels great to have your own business, but you have no one to blame but yourself if you fail. I think our entire country would be better off if everyone was incorporated and concerned about meeting the needs of their customers instead of relying on a consistent paycheck and having a belief that they are "owed" a job.
I do not feel I am owed a job but I've worked hard and invested my own time and money to attain all the qualifications I have, which is why employers hire me. If they need me to stay late on a consistent basis then I need to be compensated for that time whether it be through a higher salary or overtime pay. As for self-employment, it's great when it works out but I've also seen self-employed individuals work extremely hard, put out a great service or product and then get shafted because customers never pay on work that was completed. Sure, they can sue, but that costs money that the small business person usually doesn't have. Seeing it happen to family and friends makes me very cautious. I remain open to consulting but it would have to be in the future when I am better able to absorb the risks.
I do not feel I am owed a job but I've worked hard and invested my own time and money to attain all the qualifications I have, which is why employers hire me. If they need me to stay late on a consistent basis then I need to be compensated for that time whether it be through a higher salary or overtime pay. As for self-employment, it's great when it works out but I've also seen self-employed individuals work extremely hard, put out a great service or product and then get shafted because customers never pay on work that was completed. Sure, they can sue, but that costs money that the small business person usually doesn't have. Seeing it happen to family and friends makes me very cautious. I remain open to consulting but it would have to be in the future when I am better able to absorb the risks.
I don't disagree with anything you've stated here. One of the beauties of our sometimes "free" market is that you can negotiate terms of your employment with someone before you decide to accept a job offer. During that time, you may be able to gain the upper hand and secure your employment as a salaried employee, yet still receive overtime. It would be unusual, but not unheard of.