RE: overtime question

["Stan Silvert" <ssilvert@charter.net>]

Maybe I was a bit hasty.

Since Sudhakar was asking about legal avenues, I assumed that we were
already past the "talking it out" stage.

If the employer won't be reasonable, THEN it is time to, as Yourdon would
say, "Vote with your feet" and get out.

Stan Silvert

> -----Original Message-----
> From: Prof. Dana C. Richardson, MS/CIS
> [mailto:drichard1@ivansmith.com]
> Sent: Friday, March 15, 2002 12:25 PM
> To: ssilvert@charter.net; ajug-members@ajug.org
> Subject: RE: overtime question
>
>
> 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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