What Should You Should Say In Interview: Re Unpaid Overtime?

[orangeblossom]

Saw this and thought of MM.

time.com/money/3942045/job-interview-unpaid-overtime/


Q: A job interviewer asked me if I would work unpaid overtime. How should I have answered?



At a recent second interview for a database analyst position, the interviewer stated, “This is a contract position – no benefits,” then asked “How do you feel about doing unpaid overtime?” with a clear verbal intonation suggesting the “right” answer. The interviewer was unable/unwilling to state how many overtime hours or how often overtime is required. Is there a way to answer this without being immediately dismissed from consideration? Can one negotiate how many “standard” vs. “overtime” hours one is willing to work? Is this even legal to ask?



A: If it’s an exempt position, they’re not required to pay overtime, and thus there’s nothing illegal about asking, essentially, “are you willing to work long hours?” On the other hand, if the position is non-exempt (and there are non-exempt tech positions; I don’t know if this was one of them or not), asking someone to work unpaid overtime is announcing you plan to break the law.



I’d respond by asking, “Can you give me a sense of how many hours people in this position work in an average week?” If the person refused to answer — which I think is what you’re saying happened here — I’d take that as a massive red flag. It’s basically an announcement that they’re going to wildly overwork you and not even do you the courtesy of having an honest conversation with you about what your work life would be like there.



You asked how to answer without being dismissed from consideration, but there’s no reason to want to stay in the running at that point. Remember you’re supposed to be interviewing them right back and deciding if you even want the job, not just waiting to be chosen.

[aurora]

This seems like the kind of question where you'd want to evaluate the total benefit package. You want to pay me $500k/year with 5 weeks of vacation, but I have to work 48 hrs/week the other 47 weeks? Sounds great. But i unpaid overtime means I make $15/hr for 40 hrs and then must clock an additional 8 each week and the other benefits are shitty, then no thanks.

[curbsideprophet]

It said no benefits. If I was paid hourly I would expect to be paid for all hours worked.

[Deleted]

My last job had unpaid overtime. But it wasn't very often and was for events that I enjoyed attending.

[aurora]

Jul 1, 2015 19:01:07 GMT -5 BirdGirl said:

Jul 1, 2015 18:38:01 GMT -5 aurora said:

This seems like the kind of question where you'd want to evaluate the total benefit package. You want to pay me $500k/year with 5 weeks of vacation, but I have to work 48 hrs/week the other 47 weeks? Sounds great. But i unpaid overtime means I make $15/hr for 40 hrs and then must clock an additional 8 each week and the other benefits are shitty, then no thanks.

In no circumstance would a job paying 500K ask about unpaid "overtime." Anyone making 500K is exempt. I have worked more than 40 hrs per week nearly my whole career. But that doesn't mean I'm working unpaid overtime. I just have a salary and I'm exempt so overtime rules don't apply.

Yeah, apparently I suck at internet exaggeration.

[peachdragon]

I'd say, "probably the same as how you'd feel to pay me for not working."
Just kidding. I wouldn't say that, but I'd want to.

But a contract position by its nature is paid hourly, and it's non exempt.

[ECB]

Jul 1, 2015 19:28:29 GMT -5 aurora said:

Jul 1, 2015 19:01:07 GMT -5 BirdGirl said:

In no circumstance would a job paying 500K ask about unpaid "overtime." Anyone making 500K is exempt. I have worked more than 40 hrs per week nearly my whole career. But that doesn't mean I'm working unpaid overtime. I just have a salary and I'm exempt so overtime rules don't apply.

Yeah, apparently I suck at internet exaggeration.

I got what you were going for....

[noodleoo]

Jul 1, 2015 18:38:01 GMT -5 aurora said:

This seems like the kind of question where you'd want to evaluate the total benefit package. You want to pay me $500k/year with 5 weeks of vacation, but I have to work 48 hrs/week the other 47 weeks? Sounds great. But i unpaid overtime means I make $15/hr for 40 hrs and then must clock an additional 8 each week and the other benefits are shitty, then no thanks.

Yeah, 48 hours a week is pretty standard these days and not considered "overtime" me and my H regularly work 50-60 hr weeks and we definitely are not making $500K! I'd be psyched to have that job for my current salary! (5 weeks of vacation and ONLY 48 hrs a week!). 

[aurora]

Jul 2, 2015 8:04:47 GMT -5 noodleoo said:

Jul 1, 2015 18:38:01 GMT -5 aurora said:

This seems like the kind of question where you'd want to evaluate the total benefit package. You want to pay me $500k/year with 5 weeks of vacation, but I have to work 48 hrs/week the other 47 weeks? Sounds great. But i unpaid overtime means I make $15/hr for 40 hrs and then must clock an additional 8 each week and the other benefits are shitty, then no thanks.

Yeah, 48 hours a week is pretty standard these days and not considered "overtime" me and my H regularly work 50-60 hr weeks and we definitely are not making $500K! I'd be psyched to have that job for my current salary! (5 weeks of vacation and ONLY 48 hrs a week!). 

I, too, would love to work only 48 hrs a week and I make only a small fraction of $500k. I was trying to go for the extremes to illustrate why more info may be needed.

[LoveTrains]

Jul 2, 2015 8:39:29 GMT -5 @meepmeep said:

Do normal exempt and non-exempt employment laws apply to contract workers? I don't think so because they're not employees. In this case, my question to the interviewer would be if they are suggesting that the contract is for a weekly or monthly flat rate of pay, rather than hourly? Because if I'm signing a contract that says you pay me hourly, then you must pay me for all the hours I work. However, if you would like to negotiate a contract based on a flat weekly or monthly rate instead, I would be willing to discuss that. However, to do so, I need a realistic estimate of the average number of hours worked per week or per month for this position.

Some contract workers are employees, though. It just means that they aren't full time/permanent employees. 

[megstoo]

Jul 2, 2015 8:39:29 GMT -5 @meepmeep said:

Do normal exempt and non-exempt employment laws apply to contract workers? I don't think so because they're not employees. In this case, my question to the interviewer would be if they are suggesting that the contract is for a weekly or monthly flat rate of pay, rather than hourly? Because if I'm signing a contract that says you pay me hourly, then you must pay me for all the hours I work. However, if you would like to negotiate a contract based on a flat weekly or monthly rate instead, I would be willing to discuss that. However, to do so, I need a realistic estimate of the average number of hours worked per week or per month for this position.

Where I am yes, exempt and non exempt laws apply even if you're contract.  

For example we pay for every hour you work... if you work 50 you get get paid for 50, you work 30 you get paid for 30.  


OT is considered exempt for OT pay if you make more than $27.50 hours.  If your normal wages are under 27.5 than it's time and a half.... If your hourly is over that then you get straight time.