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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 April 22, 2021

How to Work Hard the Smart Way: 4 Daily Rituals to Follow

How to Work Hard the Smart Way: 4 Daily Rituals to Follow

Habits are what sets an average leader apart from a great leader. We can argue that talent is the biggest factor; we may debate how the amount of charisma sets the two apart. Yet, if you were to show me what you believed to be a great leader, I can show you the habits that made her/him great. Great leaders have great habits and know how to work hard the smart way.

Developing Great Habits Is Hard Work

In my early college days, I had spent a lot of time learning how to play the trumpet. Playing the trumpet took time and discipline. I had some natural talent, but not enough to hide my lack of ability. My trumpet teacher was a man of discipline, and there was no doubt he had talent. What stood to me was his work ethic. He had to be one of the hardest working mentors that I had the privilege of working with.

One afternoon, I was in his office getting ready for my weekly trumpet lesson. As I was preparing, my eyes scanned the room and saw that there were quotes all over his office. My eyes rested on one quote that forever changed my thinking about my playing. It was a quote from my high school basketball coach Tim Notke that would become popular through professional athletes Kevin Durant and Tim Tebow:

“Hard work beats talent when talent fails to work hard.”

Hard work trumps talent. The key to success is not found in your talent or ability. Talent and ability are necessary, but they are not the primary factors. They are supporting roles in the story you are writing.

Ultimately, hard work is the key to your success. A good work ethic creates the momentum that propels you forward towards your goals.

Motivation Is Not the Answer

How many times have you seen someone go to a conference, get inspired, and then come home and do nothing?

If motivation were the answer, the world would have transformed hundreds of times over. Yet, when we look out our doors or turn on the news, we do not see a utopian society.

We have thousands of people who become inspired but lack the work ethic to apply anything they have learned. Time and time again frustration creeps in. We are so motivated and inspired by what we see but fail to put in place the things that would change our lives.

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Frustration happens when the gap between what you expect to be true and what is true gets bigger. Motivation tends to create an expectation that is not rooted in reality. We want to take on the world but cannot get off Netflix long enough to do so.

Motivation is not the answer, but working hard is. Good habits and routines that produce success are the byproducts of a strong work ethic. The habits and routines we create and follow are the foundation on which we build a winning life.

How to Work Hard by Working Smarter

Here are 4 routines that will help you learn how to work hard and achieve your short term and long term goals.

1. Define What a Win Looks Like

In football, a player that crosses into the end zone gain points. In soccer, a player kicks the ball into the net to score. Hockey, lacrosse, and basketball are all the same. The player takes the object and moves it into the designated area to gain points. The team with the most points wins the game.

Why is it that we can define what a win looks like in sports, but we fail to do so in our leadership, our businesses, or our homes?

Learning how to work hard without setting a target is futile. It is insanity to work hard without having a clear direction to place your energy. I would argue that defining a win is one of the most important routines that a leader can have. Defining a win separates superficial activity from meaningful activity.

When I define a win, I know the goal line I have to cross[1]. Knowing where the goal line is informs me of the activity I have to engage in to cross it. Without a clear direction, I am spinning my wheels hoping that I will get to a destination I haven’t defined. It is like asking a GPS for directions but failing to input the destination.

4 Steps to Define a Win
  • Know the outcome you desire.
  • Declare the outcome in specific, meaningful terms.
  • Write the outcome down.
  • Set your activity list to only do that which will complete your goals.

Let me give you an example. 15 years ago, I started speaking professionally. As a young and naïve speaker, I thought winning meant that I had to get a reaction from the audience. If they cheered, smiled, or cried, I considered myself a winner. The problem was my lack of understanding of what a win looked like. As a seasoned speaker, my wins look different.

As of today, when I speak, I am not looking for any emotional reactions from the audience. I win if, and only if, I clearly communicated my point so that anyone hearing the talk can take it and apply it to their lives that day. That is how I define a win when I speak now.

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Create a habit of declaring a win. When you do, you will see your productivity soar and your encouragement increase. Pairing a hard work ethic with wise decisions creates victory. Stop being a mouse on a wheel that goes nowhere, and start being the captain of your fleet.

2. Evaluate Your Activity

Not all activity is equal. There are things you must do, things you need to do, and things we can either give away or delete. The greatest challenge of a leader is understanding the difference. Understanding what activity is busywork and what activity is mission work is pivotal.

Not only do we need to learn how to evaluate our activity, but we must make this a core routine in our arsenal of success. Stop working so hard on everything and start learning how to work hard on the right things.

Not every activity will move the needle forward for you. In fact, you were never meant to do everything yourself! Once we stop trying to be a martyr in our leadership, we can start looking at how to take things off our plates through delegation.

Based on the Eisenhower box, there are 4 things that we look at when deciding on which activities are important:

  • Do now
  • Plan to do it later
  • Delegate to someone else
  • Delete it

Powerful questions are the way you discover if the activity is right or not:

  • Does this activity move me towards or away from my goals?
  • Do I have to do this activity or can I give this activity away to someone else?
  • Does this activity have to be now right now or can it be scheduled for later dates?
  • Does this activity have to be done at all?

Evaluating the type of activity you engage in should be a routine that you do daily. Learning how to work hard should create progress. Having a system of evaluation and a routine to do it will help.

3. Prioritize Your Calendar

If you were to show me your calendar, I could show you why you are not further along. When you lack the routine of placing things on your calendar, two things happen.

First, what does not make it on your calendar does not get done.

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It is a simple truth that is often overlooked. Your calendar contains the power to change your life. Yet, we don’t use our calendars to their fullest potential.

“You will never change your life until you change something you do daily. The secret of your success is found in your daily routine.” -John C. Maxwell

Also, if you don’t mark you activities on your calendar, you are leaving it open to other’s priorities.

“The key is not to prioritize what’s on your schedule, but to schedule your priorities.” -Stephen Covey

Having a routine in your life where you place things on your calendar is pivotal to your success. This is not a routine one should overlook.

It’s time to take your leadership and business to the next level. It’s time to start putting your daily routines on your calendar, along with your priorities.

4. Reflect on Your Day and Plan the Next

We are all about the morning routine. Whatever that looks like for you, there should be a routine in the morning that sets you up for success.

Hard work starts when your feet hit the ground in the morning. Creating the habit of winning starts with the first thing you accomplish that morning. If you win your morning, you will win your day.

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Best Morning Routine to Prepare to Work Hard

    But how often have you heard people talk about an evening routine? Tomorrow is won the day before it happens. When you fail to plan your day, you may put your effort toward in the wrong things. Route replaces routine. Indecision replaces decisiveness. Losses replace wins. The discouragement will deflate your momentum and increases the chances of procrastination. That is why we set our schedule the night before.

    “Every battle is won or lost before it is ever fought.” -Sun Tzu

    Working hard doesn’t have to be hard work. It shouldn’t take much out of you learn how to work hard as long as you work smart. Having a time where you reflect on the day and set your priorities is the difference-maker.

    Use these questions to reflect on your day:

    • What went well?
    • What didn’t go well?
    • What can I change?
    • What do I need to start doing?
    • What do I need to stop doing?

    The Bottom Line

    Navigating through life is hard work. Yet, the work doesn’t have to be hard when you work smarter. When you create routines that support your mission, you create wins. Working hard, the smart way will tip the balance in our favor.

    Boxing legend Joe Frazier said:

    “Champions aren’t made in the ring; they are merely recognized there.”

    Champions put in the hard work behind the scenes. The world recognized them as a champion when they saw the results of the hard work. Right now, you are doing the work of creating a champion in yourself.

    That work is setting your routines in order because you now know that success flows from your daily routines. If you are not experiencing the success you desire, then it is time to change things up.

    More on Creating Healthy Routines

    Featured photo credit: Zan via unsplash.com

    Reference

    [1] The Balance Careers: Interview Question: “How Do You Define Success?”

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