Document the unpaid overtime as best you can, and when you leave, send what you can to the dept of labor, or whoever oversees that stuff.
this post was submitted on 16 May 2024
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The unpaid overtime is in my contract.
Depending on where you are, it still may not be legal. Law overrides contracts.
Also depends on the position type. If he's salary exempt, no OT pay. These are typically like a management or executive position.
If you’re in the US, unpaid overtime is only permissible if you’re salaried exempt. To be salaried exempt:
- you must make at least $684 every week ($35,568/year)
- your primary job responsibility must be one of the following:
- executive - managing the enterprise, or managing a customarily recognized department or subdivision; you must also regularly direct your work of at least two FTEs and be able to hire / fire people (or be able to provide recommendations that are strongly considered)
- administrative - office or non-manual work directly related to the management or general business operations, or
- learned professional - work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment, in the field of science or learning
- creative professional - work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor
- IT related - computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field
- sales
- HCE (you must be making at least $107k per year)
- your pay must not be reduced if your work quality is reduced or if you work fewer hours
- for example, if you work 5 days a week, for an hour a day, you must get the same pay as if you worked 8 hours every day. There are some permissible deductions they can make - like if you miss a full day - and they can require you to use vacation time or sick time, if you have it - and of course they can fire you if you’re leaving without completing your tasks… but they still have to pay you.
Check out https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime for more details on the above.
It’s quite possible you’re eligible for back-paid overtime.
Note also that the minimum exempt wages are increasing in July.
Re your “cover my expenses just to exist” bit and the follow-up about employers catching on and pushing abusive shit… if this is related to a disability make sure to look into getting that on record and seeking an accommodation. If your primary job duty is X and they’re pushing you to do Y, but your disability makes Y infeasible, then it’s a pretty reasonable accommodation to ask to not have to do Y (assuming your HCP agrees, of course).
Adding onto this, these are just the US federal requirements. Different states, particularly California, restrict that even further.
ETA: Many other countries have stronger worker protections than the US. They also have the same levels of greed, and sometimes the same level of abuse. Don't assume it's legal just because they put it on paper; research your area's employment laws.
Just because it is in your contract doesn't make it legal!
Realistically it could be worth checking your local laws regarding it and potentially speaking to a lawyer as some will do a free consult to see if you have a case
Where I am they can indeed do that as long as your average wage never drops below minimum wage.
So it's definitely worth checking local laws.
Depending on the size of the organisation or how it's funded if it's public sector, then it may well be the "restructuring" that's holding it up - and by that, I mean there are probably teams and managers screaming out for funded posts to be filled, but a blanket ban on recruitment may be in force while someone with a fancy title figures out the shit state of their staffing affairs.
I've had times when I've had 40% of my team's positions open, and when I've asked for authority to recruit for already funded posts (probably for budget reasons), I've been knocked back because "nah fuck you, we're waiting on the staffing review being completed". I don't really give a fuck about the future plans, I'm wanting to recruit for the posts we have now!
It's frustrating friend. Shit doesn't make sense.
Apply for civil service jobs.
It may take a while to get hired, but it's so much less drama than private industry.
I am. One rejection. One interview with no followup. Waiting for a response from another. It's a dream for me to be a public servant but I'm not sure how close to reality it ever will get.
The library in my area has a job seekers center. They have lists of all civil service jobs. Apply to everything you can.
I gave up the job hunt and started my own business. I still have no income but at least my fate is in my own hands.
"We need another economic collapse so workers remember whose boots they should be licking" -Capitalist psychopat #123459876
One thing we should remember is that they don't "make jobs", demand does. So try to freelance for a lil bit, even for an office job like accountant u can get people who need help with taxes.
Is gonna be stressing since is something new, and lets face it people isn't always plesant, but im sure that jobs isn't great either for what u have said, so give it a chance. Worts case; u have another opcion to choose from.
Hope you manage to hang on to your current job as long as tenable! And hope your next job comes down the pipe soon.