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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 June 2, 2020

Easy Tasks or Difficult Tasks First? Which One is More Productive?

Easy Tasks or Difficult Tasks First? Which One is More Productive?

Procrastination is probably the biggest detriment to our productivity. Conventional wisdom dictates that the best thing you can do is make that procrastination constructive. When you don’t feel like doing one task, usually one that requires a lot of will- or brainpower, you do another, usually less labor-intensive task.

Recently, though, conventional wisdom has been challenged with something Penn State refers to as “pre-crastination.”[1] After doing a series of studies in which students pick up and carry one of two buckets, researchers theorized that many people prefer to take care of difficult tasks sooner rather than later. That theory poses the question of whether this pre-crastination or the more widely acknowledged constructive procrastination is more effective.

Here is a look at whether people should do difficult tasks early or later on to achieve maximum productivity.

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Doing Easy Tasks First

The Pros

One of the hardest parts of working is just getting started. Constructive procrastination eases this hardship, because working on easy tasks requires a smaller mental or physical commitment than if you tackled difficult tasks firsts.

If one of the foremost deterrents to your productivity is simply getting going, it makes a lot of sense to save the difficult tasks for when you’re in more of a groove.

The Cons

If you eat a frog first thing in the morning, that will probably be the worst thing you do all day. — Mark Twain

On the surface, there don’t seem to necessarily be any disadvantages to doing easy tasks first. However, in Eat That Frog, the book writeen by Brian Tracy challenges that.

Based on the above quote from Mark Twain, Eat That Frog encourages avoiding procrastination, even if that procrastination is constructive. Tracy wants you to “eat that frog,” i.e. do your difficult tasks quickly because the longer it’s on your plate, the harder it will become to do the thing you’re dreading. If you have a habit of dreading things, Eat That Frog makes a solid argument to hold off on your easy tasks until later in the day.

Doing Difficult Tasks First

The Pros

Brian Tracy postulates in Eat That Frog that if you do your difficult tasks first, your other tasks won’t seem so bad. After all, after you eat a frog, even something unappetizing will seem downright delectable.

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Tracy also recommends that, if you have to eat two frogs, you should eat the uglier one first. The metaphor is a very easy way to get your head around the new concept of pre-crastination.

If all of your tasks seem somewhat torturous to you, you might be able to ease the pain by getting rid of the ugliest “toads” as quickly as you can.

The Cons

The primary disadvantage of doing your difficult tasks first is probably that it will make it especially hard to get started on your workday.

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A lot of people aren’t exactly at their peak performance mode when they enter the office. They need to ease into the workday, maybe have a cup or two of coffee to stimulate them.

If that’s you, doing your most difficult tasks first would probably be a costly mistake. Hold off on “eating those frogs” until you have the willpower and fortitude to choke them down.

Conclusion

Should you do easy or difficult tasks first? It seems like a cop-out to say that it depends on the person, but sometimes that’s the honest answer, and that is definitely the case here.

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Hopefully this article helps inform you of what type of worker you are, offering clues to whether you fall into the constructive procrastination or pre-crastination camps. Good luck on your pursuit of maximum productivity!

More Tips for Beating Procrastination

Featured photo credit: Courtney Dirks via flickr.com

Reference

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