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RE: overtime question

Unless there is some form of contract here.  I have never worked a contract
job, but it may or may not spell out weekly hours expected.  If there is a
contract, your friend's choices become more limited, but what the employer
can demand would be more limited too.  I would imagine if the contract does
not explicitly state an expectation of more than 40 hours per week, he could
tell the employer no and the employer could not fire him because he is still
fulfilling all requirements of the contract.  Although this would make for a
bad atmosphere as well.  

-----Original Message-----
From: CB Genrich [mailto:cbgenrich@yahoo.com]
Sent: Friday, March 15, 2002 5:21 PM
To: ajug-members@ajug.org
Subject: RE: overtime question

Here in the US, some jobs are paid "hourly" by law.  If
so, the law goes on to say that they must pay "time and
a half" or some such for working more than 40 hours per
week.  This is a general statement, but true for for
ordinary jobs.

Other jobs are "exempt" and paid as salary.  These types
of jobs may require more than 40 hours per week and no
additional compensation is required by law for these
exempt positions.

You didn't say what type of work your friend has, so
whether your friend's job is exempt or not is unclear.
Programming jobs are almost always exempt.  If your
friend is non-exempt, he or she can still be required 
to work overtime but must be compensated for it.

Working at any job is the individual's choice.  Also,
expecially in Georgia, the employer calls the shots
as to what the job requirements are.  Georgia is *not*
a "right to work" state.  We are free to work where
we can get hired, employers can terminate us for any
reason.  There is an equilibrium in this and it is
all very market driven and reasonably efficient.

When the equilibrium becomes unbalanced in favor of
employers as has happened before, employees can form
Unions and bargain with employers collectively.  If
the Union and employer can't agree on things, the
employees can go "on strike".  The influence of Unions
has been decreasing in recent decades and is most
effective against large employers.

Therefore the short answer for your friend is to either
do what the employer says the job requirements are, 
quit or face termination, or organize a Union and then
bargain collectively with the employer.  Your friend 
is in control of his or her destiny.  This is America.

Having said all that, H1B visa status could change this
picture for all I know.  I doubt it.  After all, it is
still America.


> > > 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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