RE: overtime question

["Prof. Dana C. Richardson, MS/CIS" <drichard1@ivansmith.com>]

Hi Folks:  Stan is making some excellent points, however,
I'm not certain about the being stuck part?  It would be
my guess that your friend is probably a pretty stout
programmer - and that your friend is also doing pretty
high quality work, otherwise, H1B or not, your bud would
be on the way home- so, that gives your friend some knowledge
to use when discussing the matter with the employer.  It is
negotiable, and all time frames for projects are negotiable,
what must take place is an understanding of what the project
is, and the time intensive nature of it?  Perhaps there might
be some negotiated compensatory time granted during the
week?  Many times employers see the light on this issue
behind an understanding that an overworked employee especially
in programming like Stan said, is far more likely to put some
code in that would not be top of the heap..so to say.
Officially from a regulatory stance...I read something in CIO
magazine regarding the H1B status - and the rules governing
it - you might want to check out their web site.  Also check
with the web site on the state department that handles
the granting of the visa,,,,,I don't know if it is INS.gov
or not...but they would have knowledge about the rules and if
there are any specific work quota time issues...

-Dana

-----Original Message-----
From: Stan Silvert [mailto:ssilvert@charter.net]
Sent: Friday, March 15, 2002 10:52 AM
To: ajug-members@ajug.org
Subject: RE: overtime question


I think your friend is stuck.  I know of no law that protects him.

He can refuse to work the overtime, but it will almost certainly affect his
employment in some negative way.

This is a sleazy practice that is far too widespread.  Plus, it leads to
really lousy software.  Developers invariably write poor code when they are
tired or otherwise stressed out.

Most developers are more than willing to put in a little overtime when it is
really needed.  However, when insane hours become the norm, everybody loses.

In my opinion, the best thing your friend can do is find another employer.
Luckily, H1B visas are much more portable than they used to be.

Stan Silvert

> -----Original Message-----
> From: web dev [mailto:programming95@yahoo.com]
> Sent: Friday, March 15, 2002 11:13 AM
> To: ajug-members@ajug.org
> Subject: overtime question
>
>
> hi all,
>   I have a friend of mine, who is brought over here to
> the US on H1B visa. He is working in Atlanta. His
> employer is asking him to work over time and on
> weekends. (For no extra pay).
>   for personal reasons, my friend, feels that he will
> not be able to do that. Can he do that. Is it legal to
> say No to the employer about working on weekends.
> Would it affect his employment? What does the law
> say?. Is it like every employer can have his own
> rules?
>
> I know that this is not a Java question, but i thought
> I would seek some advise over here. On H1B they are
> like bonded labor and he is scared to put his question
> on the net... thought i 'd do that for him.
>
> I 'd appreciate any inputs on this issue
>
> Thanks all.
>
> Sudhakar
>
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