Ransomware Management Career Fork
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
Yeah most positions that are salary are still allotted overyime-pay, just because you're salaried doesn't mean you aren't entitled to get time and a half or double time.
In NY very few positions are truly "non overtime paying"
I have never seen a salary position in NY pay overtime.
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@coliver said in Cerber virus/ransomware making the rounds...:
I have never seen a salary position in NY pay overtime.
You mean that they just didn't pay for full salary. The job has overtime in most cases, the company just doesn't pay the money earned and hopes that they don't get reported. That's most cases.
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@coliver that is because people refuse to claim it.
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@scottalanmiller said in Cerber virus/ransomware making the rounds...:
@coliver said in Cerber virus/ransomware making the rounds...:
I have never seen a salary position in NY pay overtime.
You mean that they just didn't pay for full salary. The job has overtime in most cases, the company just doesn't pay the money earned and hopes that they don't get reported. That's most cases.
Probably this. Although I've been told in a few of cases that overtime was expected and the salary was built to compensate that.
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
@coliver that is because people refuse to claim it.
I've seen a lot of that. Especially with IT people.
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If for example I worked a 70 hour week, when normally the salaried position is 50, I'm entitled to 20 hours of over-time.
But if I don't claim those hours, and don't ask for compensation (time off without hitting my PTO) etc then it's my loss.
But legally I'm entitled to that compensation.
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@coliver said in Cerber virus/ransomware making the rounds...:
Probably this. Although I've been told in a few of cases that overtime was expected and the salary was built to compensate that.
That's like saying that "working below minimum wage is expected and the low requirements of the job reflect that."
You do understand that minimum wage and overtime laws don't have exceptions, right? You can't "opt out" of your employment rights or they wouldn't be rights.
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
If for example I worked a 70 hour week, when normally the salaried position is 50, I'm entitled to 20 hours of over-time.
No, that's not correct. It's only if your pay is too low to be exempt.
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@JaredBusch said in Cerber virus/ransomware making the rounds...:
@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I don't get paid for any extra hours as I'm salary. I'm also a person who comes in all the time on weekends, stays late and comes in early when its necessary for my job.
Then you need to renegotiate your contract. you are screwing yourself and giving away money to the company.
Renegotiate or move on. Well, unless you like getting screwed.
Oh baby. I'm getting all hot and bothered
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@scottalanmiller said in Cerber virus/ransomware making the rounds...:
@DustinB3403 said in Cerber virus/ransomware making the rounds...:
If for example I worked a 70 hour week, when normally the salaried position is 50, I'm entitled to 20 hours of over-time.
No, that's not correct. It's only if your pay is too low to be exempt.
Yes, you are correct (but something like 99% of employees aren't at that cap)
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
If for example I worked a 70 hour week, when normally the salaried position is 50, I'm entitled to 20 hours of over-time.
But if I don't claim those hours, and don't ask for compensation (time off without hitting my PTO) etc then it's my loss.
But legally I'm entitled to that compensation.
Ah, so when I asked for compensation and was told overtime was expected, ~10 hours in a week, I should have pushed further? Or is this for non-exempt employees only. My assumption was I was exempt from overtime due to the "management" loophole that is trying to be closed.
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@coliver depending on the state laws yes.
I forget what the exact pay cap is, but in NY it's something like 100G before you're truly "exempt" from earning over time.
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It's also perfectly fine for a business to expect over time, but they must expect to pay for over time as well.
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@coliver said in Cerber virus/ransomware making the rounds...:
Ah, so when I asked for compensation and was told overtime was expected, ~10 hours in a week, I should have pushed further?
No, you should have been paid regardless. That overtime was expected means, by law (unless you make too much money and are exempt) that you were to be paid for that overtime on top of the salary.
If you are salaried AND exempt, there is no such thing as overtime. Overtime implies compensation for the time. Because salaried exempt people don't have a number of hours to go over.
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
It's also perfectly fine for a business to expect over time, but they must expect to pay for over time as well.
Exactly, hence the term. Otherwise it would just be your hours.
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@DustinB3403 said in Cerber virus/ransomware making the rounds...:
@coliver depending on the state laws yes.
I forget what the exact pay cap is, but in NY it's something like 100G before you're truly "exempt" from earning over time.
Not nearly that high. Although tons of IT is over that point.
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@coliver said in Cerber virus/ransomware making the rounds...:
My assumption was I was exempt from overtime due to the "management" loophole that is trying to be closed.
There is no manager loophole. Either you are a manager or not and either you are at the cap for your role or not. There is no loophole and manager must be the role, not the title.
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@scottalanmiller said in Cerber virus/ransomware making the rounds...:
@coliver said in Cerber virus/ransomware making the rounds...:
My assumption was I was exempt from overtime due to the "management" loophole that is trying to be closed.
There is no manager loophole. Either you are a manager or not and either you are at the cap for your role or not. There is no loophole and manager must be the role, not the title.
You may want to talk to some HR departments about that. They assume that titling someone manager, even when they don't manage people, that it puts them in the manager exemption. I sat in on the conversation and just thought it was underhanded.
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I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
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@wirestyle22 said in Cerber virus/ransomware making the rounds...:
I am in negotiations currently for a sizable raise or I walk. The issue is my fiance doesn't enjoy the risk/reward of it.
What? She doesn't want you to make more money? ... or she doesn't want you to be out of a job?
