A reader writes:
I work in an workplace with two full-time workers, a supervisor, and 80+ contract workers. Jane, the opposite full-time worker, and I each assist the contract workers in very important, but other ways. Let’s say that she schedules appointments, and I course of funds. Every workplace in our firm has a scheduler and a fee processor, and whereas each are technically hourly, every cohort has totally different duties and maybe a distinct tradition. Cost processors have many extra tasks than schedulers, and each are often requested to choose up an outdoor job or six.
Right here’s the place issues get difficult. Each Jane and I’ve had salaried positions, and Jane is from exterior the trade in a bigger, extra company atmosphere. We deal with our jobs fairly in another way. There’s no time clock, however the fee processors tends to prioritize customer support to the contract workers/getting issues accomplished effectively over protecting inside eight hours. We often keep a bit of late and infrequently put in a pair hours over a weekend (at dwelling) in order to not return to an anxiety-producing avalanche of labor. Relying on the time of yr, I most likely work 42-50-hour weeks, the latter throughout tremendous busy instances/occasions. My impression of the schedulers is that many (however not all) of them are the identical.
We don’t get additional time, however we get flex time, which admittedly I can overlook to trace/use. Jane, against this, leaves precisely on time (or early, in accordance with some), sticks solely to her assigned duties, and calls for flex time as compensation for even quarter-hour spent exterior her work hours. To be truthful, she legally has the proper to do that, nevertheless it feels fairly totally different from our company tradition.
Jane will get rather a lot accomplished inside her every day hours however is unavailable exterior that point, even for sudden crises. That is troublesome for the contract workers, whose jobs will not be locked right into a neat 9-5, Monday via Friday routine. Whereas they respect my private time and house, the contract employees know that if issue arises, I shall be there. In the meantime, there was incident by which a contract worker got here to Jane 40 minutes earlier than the top of an early-release day with a job that will take not less than an hour and he or she firmly stated no. She was working from dwelling that day and had no plans however felt it unfair to be requested at such late discover. The contact worker complained all the best way up the chain of management and one other of Jane’s cohort needed to step in and do the challenge.
This has led to some dissatisfaction and (sadly) comparability between us. Personally, I get the place Jane is coming from – particularly legally – however I additionally see that it suits neither firm tradition nor my private work ethic. The corporate was extremely good to me after I wanted to take a protracted household depart, and the contract workers and administration have been beneficiant about sharing a few of their bonuses. I do know that Jane resents me for working past my eight hours and as soon as reported me to HR for it. (They did nothing.) However am I setting a foul precedent? Am I being unfair to Jane? I’m not deliberately attempting to look higher within the eyes of the contact employees or company leaders; I’m simply attempting to do an excellent job and assist the corporate alongside.
Yeah, you’re most likely setting a foul precedent, and in addition being a bit unfair to Jane!
When you’re working at no cost as a non-exempt employee, you’re placing strain on colleagues to do the identical. You’re additionally exposing your organization to authorized legal responsibility, since they are often topic to fines and penalties for permitting you to do this.
For what it’s price, the entire set-up is perhaps unlawful. You stated you get comp time as an alternative of additional time, so I need to ensure you know that within the U.S. it’s unlawful to pay additional time in comp time as an alternative of in cash. The exception is that if the comp time is taken in the identical work week that it was earned in. For instance, in case you work 9 hours on Monday and take an hour of comp time on Tuesday to steadiness it out, and consequently your whole hours for the week don’t go over 40, your organization wouldn’t owe you additional time. However in case you work 9 hours on Monday and don’t take the comp time till a number of weeks later, your organization owes you additional time pay for all hours over 40 you labored in that authentic week. (Additionally, some states calculate additional time by the day as an alternative of the week, which means in these states you possibly can’t even do the take-it-that-week plan.)
It’s your prerogative in case you want the comp time set-up and don’t plan to require your employer to comply with the legislation … however in doing that, you’re making it tougher for folks like Jane who do rightly count on the corporate to fulfill its authorized obligations to pay them.
If it’s an issue that Jane refuses to be obtainable exterior of her scheduled hours, that’s one thing her supervisor ought to deal with together with her. If the job requires occasional work exterior of regular hours, they should clearly clarify that. (However then additionally they have to pay for that point. Any probability Jane is so inflexible about by no means working exterior of 9-5 as a result of she is aware of she received’t be paid for it?)
When you’re ending up with greater than your justifiable share of the work as a result of Jane refuses to stretch her hours and so folks come to you as an alternative, that’s one thing it’s best to speak to your supervisor about as properly. Possibly meaning they speak to Jane about adjusting her availability (and paying her for it). Possibly it signifies that you get compensated at a better price in recognition of your larger contributions. I don’t know — but when it’s inflicting issues, that’s squarely in “speak to your boss” territory.
Proper now you’re framing this all as “Jane is out of sync with our company tradition, and that tradition works tremendous for the remainder of us” … however when a part of your tradition is “we break the legislation,” that’s not likely a great way to take a look at it.
