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Know Your Rights: Can I Get Paid Working Overtime?

Know Your Rights: Can I Get Paid Working Overtime?

It’s getting to the end of the day–the moment you have been waiting for all day to leave work. Then, something unexpected happens–an emergency, a deadline that wasn’t met or an annoying customer. Before you know it, you have stayed on longer than you should. And for some people, this is a daily occurrence. But what does this mean if you are a non-exempt worker?

Almost half of Americans work more than 50 hours a week.[1] When you consider that the average working hours is less than 30 hours a week in countries like France, Denmark, the Netherlands and Germany,[2] you realize how overworked the average American must be. So it is even more important to know whether you should be getting paid for those extra hours or not.

The Fair Labor Standards Act (FLSA) states that employees need to be categorized as exempt or non-exempt. The most significant difference is the issue of being entitled to overtime pay.

Non-exempt workers must be paid overtime.

A non exempt employee, as the name suggests, is not exempt from the FLSA rules. They must be paid at least the minimum hourly rate.

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If they work more than 40-hours a week, they must be paid overtime at the rate of not less than 1.5 times their hourly rate for each hour. The current federal minimum wage is $7.25 per hour but some states offer a higher minimum hourly rate.[3]

Pros:

  • You are entitled to overtime rates.
  • You have the option to earn more money (if you wish) by opting to work overtime.

Cons:

  • You stand to lose money if your hours ever reduced.
  • Depending on the company, you may not have the same benefits and perks as an exempt worker.

Exempt workers are not entitled to overtime pay.

An exempt employee must be paid a salary (as opposed to an hourly rate), which means they will not be entitled to overtime pay. These workers receive above minimum wage rates and must earn at least $455 a week in order to meet the threshold set by the FLSA.

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They tend to work in the capacity of an executive, administrative, professional or sometimes sales.

In November 2016, a federal judge issued an injunction to stop a new rule by that would have increased the exempt salary threshold from $23,600 a year to $47,476 a year. But according to the Society for Human Resource Management,

“For now, the overtime rule will not take effect as planned Dec. 1 [2016], but it could still be implemented later down the road.”

Pros:

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  • You have a reliable and fixed income monthly.
  • You often earn more based on a salary than those who get paid an hourly rate.
  • You often have more access to better benefits and perks.

Cons:

  • You are not entitled to overtime rates.
  • You may have to work much longer hours in order to meet your workload.

Know your rights and be a smart employee.

Now that you understand the difference between non-exempt and exempt employees, time to evaluate your work and know when you’re entitled to get paid.

1. Be aware of the “clock in and out” system.

If you work on a “clock in and out” system, ensure that you are being paid for all the hours you work. For instance, some employers may force workers to clock out for lunch even if they work through their lunch, or clock out when they end up staying later.

2. Starting early could mean working overtime too.

Some employers may ask you to start early so that there is time to put your uniform on or to attend meetings or trainings, etc. If this happens and you work on a clock system, you are entitled to get paid for that time.

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3. Stay up-to-date with salary policies.

The Department of Labor, with the support of many Congress members, is trying to appeal the injunction to change the law for the exempt salary threshold. Check their website to stay up-to-date with any developments.

If you have any doubts about your exempt or non-exempt rights, or feel you are not being treated fairly, contact the Department of Labor.

Featured photo credit: Flaticon via flaticon.com

Reference

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J.S. von Dacre

Writer at Lifehack

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Last Updated on August 19, 2019

How to Succeed in Life on Your Own Terms: 7 Essential Steps

How to Succeed in Life on Your Own Terms: 7 Essential Steps

There is a great deal of advice in the world telling us how to succeed in life, but often we are given advice that isn’t tailored to our needs, desires and priorities. Success means different things to each of us, and living a life that feels genuinely successful to me might be very different to your idea of a successful life.

Naturally, when we follow the advice of someone else, which is tailored to their life goals and personality, we can end up with something that doesn’t deliver on the promise. We don’t get rewarded with our vision of success: we get theirs.

This is why I’m a proponent of self-discovery, introspection and personal sovereignty. So how to succeed on your own terms?

These 7 essential steps are not going to tell you exactly what to do, but they will provide you with the tools and the questions to ask so that you can discover your own path, so you know how to succeed in life on your own terms.

1. Know Thyself

One of Socrates’ most well-known quotes is,

An unexamined life is not worth living.

I argue that an unexamined life is not a successful one. Self-knowledge is something we could dedicate our lives to, but I’m not suggesting you sit around and navel-gaze in order to find happiness and meaning.

Thankfully, there are people who have created techniques and systems that less us fast-forward through a lot of personal philosophizing, and quickly identify some key aspects of what makes us, us.

You might want to find out what your ideal daily schedule is,[1] and you can take tests that reveal just that. Or you might want to figure out what you need to get things done – and yes, there’s a quiz for that too.

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None of these tests are infallible, and some are more scientific than others, but the process of asking yourself questions about your behaviors and traits is invaluable when it comes to determining your path to succeed in life.

For example, if you know you are an introvert and are unhappy in your current workplace, it might be worth considering why that is (an open plan office space perhaps) and what you would prefer.

It’s these little questions that will provoke answers in you that can guide the decisions that truly improve your life now and in the future.

2. Figure out What Matters to You

What lights you up? This is a question that often gets forgotten as we age. A fortunate child will be given the stimulation they desire in the form of bright toys, affection and entertainment. Little by little, the things that bring a child joy get replaced by what society demands on their behalf.

When we return to that question, and ask ourselves what really matters and what brings us joy, we can move closer towards a successful life. It can help to think back to your childhood, and the times in your life when you were in what Mihaly Csikszentmihalyi calls a flow state.[2]

In a state of flow, time slows and our focus is directed like a laser. We are fully present.

Whilst not everything in life that matters to you will conjure up a flow state, it’s a good indication of the kind of activities and experiences you can try to incorporate into your life on a regular basis.

A successful life is made up of moments like this, and when you know what matters to you and brings you a sense of joy and purpose, you can go about creating more of that.

3. Play to Your Strengths

Why spend your time only on mitigating your weaknesses, only to feel average? Instead, playing to your strengths and amplifying those skills and qualities you already have will help you go from average to extraordinary.

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If you’re great at big picture thinking and love dreaming up new ideas, but often lack attention to detail, acknowledge that. Then instead of trying to improve your analytical skills, focus instead on developing your existing skills of imagination and insight. When you need someone with a keen eye for detail, you can collaborate with those people.

Jackson Pollock was an extreme introvert, with no real desire to get his artwork in front of people. Fortunately, he had Clement Greenberg, who was much further towards the extrovert end of the spectrum, to popularize his work and get Pollock the publicity he needed.[3]

Start by identifying your strengths and what comes naturally to you. Then work on developing those and becoming known for those strengths. You can always find someone who will help you in fill in the gaps.

4. Listen to Yourself

It isn’t always clear to us that we’re on a path that leads us to failure or to success. People can spends decades in a job that is unfulfilling and slowly breaking their spirit, without even realizing it – until it’s too late. This is usually because they haven’t learned how to truly listen to themselves.

The challenge we face is that we’re listening to so many other sources of information; whether it’s the news, television, social media, family, friends or colleagues. Many may want to help, but that doesn’t mean they know what’s best for us. Only you know what success means for you, and working this out begins with listening to yourself.

Listening to yourself requires practice. It’s a daily effort, which over time, does get easier. That inner voice of wisdom will get clearer, and the decisions you make will feel more convincing.

To start, you could try to set aside 10 to 15 minutes when you first wake up, in silence. Rather than look at your phone, checking emails or social media, simply sit in silence, listening.

Ask yourself a simple question like, what am I feeling right now, in this moment? Notice the answer that bubbles up, without getting lost in the story. Starting an inner dialogue, without judgment is one of the key tools you can use to start making better decisions in your life.

Learn more about listening to your true self in this guide: How to Listen to Your Inner Voice for Greater Fulfillment

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5. Listen to Others (But Not Everyone)

Listening to yourself is one thing, but listening to others is crucial in order to learn, empathize and be of benefit to your community.

Truly listening to others is not just waiting patiently until it’s your turn to speak. Active listening requires focused attention, and the intention to understand where the other person is coming from.

When you do this, you can ask better questions and discover more about the world and everyone in it, as well as learn how to interact with others in order to succeed in life on your own terms.

However, this doesn’t mean you have to listen to everyone you come across. Trolls on the internet may come into the category of people not to listen to. Some people’s opinions will do more harm than good, as not everyone has your best interest in mind.

It’s worth identifying a shortlist of people whose opinions you will listen to. Brené Brown, author of the New York Times best-seller Daring Greatly, recommends taking a 1-inch x 1-inch square of paper and make a list of people whose opinions matter to you. These are the people who love you and will genuinely support and help you. According to Brown,

“If you need more paper, you need to edit.”

6. Make Time for Reflection

It’s easy to go through life without taking inventory of what you’re actually accomplishing. Missing this crucial step means we end up jumping from one goal to the next, without feeling like we’re getting anywhere.

Make time, ideally each day to reflect. You might keep a paper journal, or an online document. Either way, jot down:

  • What went well today
  • Something you’re grateful for
  • What would make tomorrow even better

Doing this can have measurable benefits to our overall sense of well-being, as well as keeping us focused for more success in the future.[4]

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It also helps combat feelings of lack and doubt, that arise when we compare ourselves to others. When we look at someone who appears to be more successful than us in an area of life, we can forget how far we’ve come and how much we have to be grateful for.

Making time to reflect on what you have accomplished is critical to keep you on track, and just not looking at what others are doing.

7. Don’t Be Afraid to Change Your Mind

Arguably the most important step of all:

Remember that there’s nothing wrong in changing your mind and correcting course.

The path to a successful life is not straight and narrow. It meanders and there’s no harm in going back and picking a different (and better) route.

“I think our life is a journey, and we make mistakes, and it’s how we learn from those mistakes and rebound from those mistakes that sets us on the path that we’re meant to be on.” — Jay Ellis

Be willing to make mistakes, learn from them and change your mind. Ultimately, there’s no better way to succeed in life on your own terms.

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Featured photo credit: Shirly Niv Marton via unsplash.com

Reference

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