Unpaid Overtime

What used to be a harmonic balance of quality employers and qualified employees has leaned steeply to an overabundance of over-qualified, prospective hire-es and unpaid overtime. This upset in balancing act is opening the doors for some inappropriate expectations placed on company employees in the form of unpaid overtime. The most frequent expectation being unpaid overtime or what we sometimes here as "... a little time off the books".

In fear of loosing ones job, most are inclined to do just about anything including working some unpaid overtime. This is especially true in today's economy. Now, "... a little time off the books" may seem plausible in certain, isolated situations, but ultimately may yield to be a bad idea resulting in expected unpaid overtime.

One set of events that was brought to my attention was particularly disturbing and more common than most might think regarding unpaid overtime. An hourly paid employee who had worked for a small company had made a mistake which cost the company thousands of dollars. The employer, being rightfully upset, confronted an already somber employee and guilt-tripped them into working unpaid overtime for the next several months.

For starters, this is a violation of the workers rights to be working unpaid overtime. Legally, an hourly paid employee can not work any time without being compensated for it. This is regardless of straight or overtime pay. The employer is wrong to place unpaid overtime expectations on their employee. I would find it hard to believe that the employer would pay more money to an employee if higher profits were made on a job than originally estimated. Employers are the risk takers and with that risk comes high rewards as well as sometimes gut-wrenching consequences but this still does not justify forcing unpaid overtime of employees.

Secondly, the employee should have never agreed to such a "resolution" of working unpaid overtime. Their fear of loosing their job, when it is so difficult to find one nowadays, has clouded their better judgment into accepting unpaid overtime as a viable solution.

The employer obviously feels that the employee is worth keeping and is trying to recoup some of his/her financial losses in the form of unpaid overtime. Unfortunately, unpaid overtime is not the right (nor legal) way to go about resolving the situation. In time the employer could grow accustom to getting "free time"in the form of unpaid overtime and at the same time the employee is loosing respect for his/her employer. Worst case the entire situation could end up in court and the employee would most likely win in a unpaid overtime case.

The best solution would include fluid conversation between the employer and employee where they reflect upon what had happened and make a learning experience out of it. As companies grow and learn from their mistakes, so do their employees.

With all of this in mind, whether you are an employer or an employee, don't let the economy be an excuse to do the wrong thing. If you are an employer, keep communication and manage through regular meetings to help maintain your profits and company moral. If you are an employee, don't succumb to unpaid overtime, or "... a little time off the books", as it is not in your best career interest and ultimately doesn't guarantee a job in the future.


Further information can be found at the labor board of state which you live in.


-M@

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