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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 October 21, 2019

How to Be a Good Leader and Lead Effectively

How to Be a Good Leader and Lead Effectively

U.S. Sen. Elizabeth Warren, a contender for the 2020 Democratic nomination, is a reminder of why I am so drawn to leadership as a topic. Whenever I think it is impossible for me to be more impressed with her, she proves me wrong.

Earlier this week, a former marine suggested that he had been in a long-term sexual relationship with the Senator. She flipped the narrative and used the term “Cougar,” a term used to describe older women who date younger men, to reference her alma mater.

Rather than calling the young man a liar, or responding to the accusations in kind, she re-focused the conversation back to her message of college affordability and lifted up that “Cougar” was the mascot for her alma mater. She went on to note that tuition at her school was just $50 per semester when she was a student. Class act.

But by the end of the week, news broke that U.S. Sen. Bernie Sanders, another contender for the presidency, had a heart attack. Warren not only wished Sanders a speedy recovery but her campaign sent a meal to his staff. She knew that the hopes of staff, donors and supporters were with the Senator from Vermont and showed genuine compassion and empathy.

To me, she has proven time and time again that she is more than a presidential candidate: she belongs in a leadership hall of fame.

What makes some people excel as leaders is fascinating. You can read about leadership, research it and talk about it, yet the interest in leadership alone will not make you a better leader.

You will have more information than the average person, but becoming a good leader is lifelong work. It requires experience – and lots of it. Most importantly, it requires observation and a commitment to action. Warren observed what was happening with Sen. Sanders, empathized with his team and then took action. Regardless of the outcome of this election, Sanders’ staff will likely never forget her gesture.

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You would have had to work on a political campaign in order to appreciate the stress and anxiety that comes with it. In this moment, staff may not remember everything that Warren said throughout the lengthy campaign, but they will remember what she did during an unforgettable time during the campaign.

If this model of leadership is appealing, and if you are searching for how to up your own leadership game, read on for six characteristics that good leaders share:

1. Good leaders are devoted to the success of the people around them.

Good leaders are not self-interested. Sure, they want to succeed, but they also want others to succeed.

Good leaders see investing in others just as important as they see investing in themselves. They understand that their success is closely tied to the people around them, and they work to ensure that their peers, employees, friends and family have paths for growth and development.

While the leaders may be the people in the spotlight, they are quick to point to the people around them who helped them (the leaders) enter that spotlight. Their willingness to lift others inspires their colleagues’ and friends’ devotion and loyalty.

2. Good leaders are not overly dependent on others’ approval.

It is important for managers to express their support for their teams; good leaders must be independent of the approval of others. I explained in an article for The Chronicle of Philanthropy, that:[1]

“While a desire to be loved is natural, managers who prioritize approval from subordinates will become ineffective supervisors who may do employees harm. For example, a manager driven by a need for approval may shy away from delivering constructive feedback that could help an employee improve. A manager fearful of upsetting someone may tolerate behavior that degrades the work environment and culture.”

In yet another example, a manager who is dependent on the approval of others may not make decisions that could be deemed unpopular in the short run but necessary in the long run.

Think of the coaches who integrated their sporting teams. Their decision to do so, may have seemed odd, and even wrong, in the moment, but time has proven that those leaders were on the right side of history.

3. Good leaders have the capacity to share the spotlight.

Attention is nice, but it is not the prime motivator for good leaders. Doing a good job is.

For this reason, good leaders are willing to share the spotlight. They aren’t threatened by a lack of attention, and they do not need credit for every accomplishment. They are too focused on their goal and too focused on the urgency of their work.

4. Good leaders are students.

In the same way that human beings are constantly evolving, so too are leaders. As long as you are living, you have the potential to learn. It doesn’t matter how much knowledge you think you have; you can always learn something new.

I have the experience of thinking I was doing everything right as a manager, only to receive conflicting feedback from my team. Perhaps my approach was not working for my team, and I had to be willing to hear their feedback to improve.

Good leaders understand that their secret sauce is their willingness to keep receiving information and keep learning. They aren’t intimidated by what they do not know: As long as they maintain a willingness to keep growing, they believe they can overcome any obstacle they face.

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As both masters and students, good leaders read, listen and study to grow. They consume content for information, not just entertainment purposes. They aren’t impressed with their knowledge; they are impressed with the learning journey.

5. Good leaders view vulnerability as a superpower.

It means “replacing ‘professional distance and cool,’ with uncertainty, risk, and emotional exposure,” said Emma Sappala in a Dec. 11, 2014, article, “What Bosses Gain by being Vulnerable” for Harvard Business Journal.[2] She went on to note the importance of human connection, which she asserts is often missing at work.

“As leaders and employees, we are often taught to keep a distance and project a certain image. An image of confidence, competence and authority. We may disclose our vulnerability to a spouse or close friend behind closed doors at night but we would never show it elsewhere during the day, let alone at work.”

This rings so true for me as a woman leader. I was raised believing that any show of emotion in the workplace could be used against me. I was raised believing that it was best for women leaders to be stoic and to “never let ‘em see you sweat.” This may have prevented me from connecting with employees and colleagues on a deeper, more personal level.

6. Good leaders understand themselves.

I am a huge fan of life coach and spiritual teacher Iyanla Vanzant. In addition to her hit show on the OWN network, Vanzant has authored dozens of books. In her books and teachings, she underscores the importance of knowing ourselves fully. She argues that we must know what makes us tick, what makes us happy and what makes us angry.

Self-awareness enables us to put ourselves in situations where we can thrive, and it also enables us to have compassion when we fall short of the goals and expectations we have for ourselves. Relatedly, understanding ourselves will allow us to know our strength. When we know our strengths, we will be able to put people around us who compliment our strengths and fill the gaps in our leadership.

Final Thoughts

Being a good leader, first and foremost, is an inside job. You must focus on growing as a person regardless of the leadership title that you hold. You cannot take others where you yourself have not been. So focusing on yourself, regardless of your time or where you are in your career will have long term benefits for you and the people around you.

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Further, if you want to become a good leader, you should start by setting the intention to do so. What you focus on grows. If you focus on becoming a better leader, you will research and invest in things that help you to fulfill this intention. You will also view the good and bad leadership experiences as steppingstones that hone your character and help you improve.

After you set the intention, get really clear on what a good leader looks like to you. Each of us has a different understanding of leadership. Is a good leader someone who takes risk? Is a good leader, in your estimation, someone who develops other leaders? Whatever it is, know what you’re shooting for. Once you define what it means to be a good leader, look for people who exemplify your vision. Watch and engage with them if you can.

Finally, understand that becoming a good leader doesn’t happen overnight. You must continually work at improving, investing in yourself and reflecting on what is going well and what you must improve. In this way, every experience is an opportunity to grow and a chance to ask: ‘What is this experience trying to teach me?’ or ‘what action is necessary based on this situation?’

If you are committed to questioning, evaluating and acting, you are that much closer to becoming a better leader.

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Featured photo credit: Sam Power via unsplash.com

Reference

[1] The Chronicle of Philanthropy: Why Good Managers Overcome the Desire to Be Liked
[2] Harvard Business Journal: What Bosses Gain by being Vulnerable

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