Ransomware Management Career Fork
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If for example I worked a 70 hour week, when normally the salaried position is 50, I'm entitled to 20 hours of over-time.
But if I don't claim those hours, and don't ask for compensation (time off without hitting my PTO) etc then it's my loss.
But legally I'm entitled to that compensation.
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@coliver said in Cerber virus/ransomware making the rounds...:
Probably this. Although I've been told in a few of cases that overtime was expected and the salary was built to compensate that.
That's like saying that "working below minimum wage is expected and the low requirements of the job reflect that."
You do understand that minimum wage and overtime laws don't have exceptions, right? You can't "opt out" of your employment rights or they wouldn't be rights.
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
If for example I worked a 70 hour week, when normally the salaried position is 50, I'm entitled to 20 hours of over-time.
No, that's not correct. It's only if your pay is too low to be exempt.
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@JaredBusch said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I don't get paid for any extra hours as I'm salary. I'm also a person who comes in all the time on weekends, stays late and comes in early when its necessary for my job.
Then you need to renegotiate your contract. you are screwing yourself and giving away money to the company.
Renegotiate or move on. Well, unless you like getting screwed.
Oh baby. I'm getting all hot and bothered
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@scottalanmiller said in Cerber virus/ransomware making the rounds...:
@DustinB3403 said in Cerber virus/ransomware making the rounds...:
If for example I worked a 70 hour week, when normally the salaried position is 50, I'm entitled to 20 hours of over-time.
No, that's not correct. It's only if your pay is too low to be exempt.
Yes, you are correct (but something like 99% of employees aren't at that cap)
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
If for example I worked a 70 hour week, when normally the salaried position is 50, I'm entitled to 20 hours of over-time.
But if I don't claim those hours, and don't ask for compensation (time off without hitting my PTO) etc then it's my loss.
But legally I'm entitled to that compensation.
Ah, so when I asked for compensation and was told overtime was expected, ~10 hours in a week, I should have pushed further? Or is this for non-exempt employees only. My assumption was I was exempt from overtime due to the "management" loophole that is trying to be closed.
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@coliver depending on the state laws yes.
I forget what the exact pay cap is, but in NY it's something like 100G before you're truly "exempt" from earning over time.
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It's also perfectly fine for a business to expect over time, but they must expect to pay for over time as well.
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@coliver said in Cerber virus/ransomware making the rounds...:
Ah, so when I asked for compensation and was told overtime was expected, ~10 hours in a week, I should have pushed further?
No, you should have been paid regardless. That overtime was expected means, by law (unless you make too much money and are exempt) that you were to be paid for that overtime on top of the salary.
If you are salaried AND exempt, there is no such thing as overtime. Overtime implies compensation for the time. Because salaried exempt people don't have a number of hours to go over.
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
It's also perfectly fine for a business to expect over time, but they must expect to pay for over time as well.
Exactly, hence the term. Otherwise it would just be your hours.
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
@coliver depending on the state laws yes.
I forget what the exact pay cap is, but in NY it's something like 100G before you're truly "exempt" from earning over time.
Not nearly that high. Although tons of IT is over that point.
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@coliver said in Cerber virus/ransomware making the rounds...:
My assumption was I was exempt from overtime due to the "management" loophole that is trying to be closed.
There is no manager loophole. Either you are a manager or not and either you are at the cap for your role or not. There is no loophole and manager must be the role, not the title.
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@scottalanmiller said in Cerber virus/ransomware making the rounds...:
@coliver said in Cerber virus/ransomware making the rounds...:
My assumption was I was exempt from overtime due to the "management" loophole that is trying to be closed.
There is no manager loophole. Either you are a manager or not and either you are at the cap for your role or not. There is no loophole and manager must be the role, not the title.
You may want to talk to some HR departments about that. They assume that titling someone manager, even when they don't manage people, that it puts them in the manager exemption. I sat in on the conversation and just thought it was underhanded.
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I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
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@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
What? She doesn't want you to make more money? ... or she doesn't want you to be out of a job?
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@dafyre said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
What? She doesn't want you to make more money? ... or she doesn't want you to be out of a job?
The risk of losing my job. She is a worrier though and doesn't understand the market for IT professionals. It's very much in favor of the employee not the company trying to fill the position.
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@wirestyle22 said in Cerber virus/ransomware making the rounds...:
@dafyre said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
What? She doesn't want you to make more money? ... or she doesn't want you to be out of a job?
The risk of losing my job. She is a worrier though and doesn't understand the market for IT professionals
Did you give them the ultimatum? "Pay raise or I'm outta here" ?
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@dafyre said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
@dafyre said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
What? She doesn't want you to make more money? ... or she doesn't want you to be out of a job?
The risk of losing my job. She is a worrier though and doesn't understand the market for IT professionals
Did you give them the ultimatum? "Pay raise or I'm outta here" ?
No I said I'm very unhappy with my current salary. When I negotiated my salary the list of responsibilities was nowhere near the requirements of the job and I want to be compensated.
They definitely understand they are going to lose me but I never approach employers with threats. Not a good negotiation tactic imo.
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@wirestyle22 said in Cerber virus/ransomware making the rounds...:
@dafyre said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
@dafyre said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
What? She doesn't want you to make more money? ... or she doesn't want you to be out of a job?
The risk of losing my job. She is a worrier though and doesn't understand the market for IT professionals
Did you give them the ultimatum? "Pay raise or I'm outta here" ?
No I said I'm very unhappy with my current salary. When I negotiated my salary the list of responsibilities was nowhere near the requirements of the job and I want to be compensated.
They definitely understand they are going to lose me but I never approach employers with threats. Not a good negotiation tactic imo.
Unless you already have a plan B job lined up... My problem is I am loyal to the people around me. I feel guilty as a snake for leaving them behind...but at the end of the day, I gotta look out for me and my family.
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@wirestyle22 said in Cerber virus/ransomware making the rounds...:
@dafyre said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
What? She doesn't want you to make more money? ... or she doesn't want you to be out of a job?
The risk of losing my job. She is a worrier though and doesn't understand the market for IT professionals. It's very much in favor of the employee not the company trying to fill the position.
But doesn't she worry that staying will cripple your career? A true worrier should be more worried for you staying, as that is the riskier move, right? It's not that she is a worrier that is the problem, that's proximate. Look for the root. Why is she worried about the potential for being out of a job today and not worried about the future of a dramatically hampered career and long term earnings and long term job stability?
