How to discuss unpaid overtime with your employer

Dear Bob …

Not long ago, I started a six-month contract-to-hire position through a staff augmentation firm. I am paid by the hour and receive no benefits of any kind. If, at the end of the contract period, I am offered a full-time position, it will be salaried with benefits.

[ Also on InfoWorld: Bob offers some tips on understanding workplace decisions and machinations in “The two sides of office politics: Know the difference” | Get sage advice on IT careers and management from Bob Lewis in InfoWorld’s Advice Line newsletter. ]

The position requires being on-call Saturdays and Sundays from 10 to 5 to do remote desktop support. It’s a rotating responsibility which we each get about once every six weeks. I was not informed that there would be regular weekend hours when the recruiter contacted me about the position, nor was I informed by the agency that our client/my future employer would refuse to pay for any hours worked for weekend on call duty.

The client’s position is, apparently, that being on call on the weekend isn’t “real” work, inasmuch as you don’t actually do much work during weekend duty. To be fair, that’s accurate — out of the 14 hours total you’re required to be available, it’s rare to do even as much as 1 hour of actual work.

I do understand their position. My own is that I should be receiving some form of compensation inasmuch as being on call impacts my weekend pretty significantly. Even if I were able to leave the house, which I’m not, I wouldn’t be able to (for example) go to the movies for fear of missing a call (or, conversely, taking the call and having to leave the movie to do so).

I have explained all of this to my employer, and they understand where I’m coming from. I’ve also told them that if I had been informed there would be regular weekend duty without compensation, I would probably have declined the job. They have said that they are going to discuss the situation with the client company. We’ll see.

As I said, I do understand the client’s position, but I don’t think they understand mine. Accepting things the way they are is not an alternative for me. If I’m to give up my weekends to a significant degree on a regular basis, I expect some form of compensation. I’d be willing, for example, to accept a half-rate of pay for weekend duty; I think that would be fair, but if the client stands firm on refusing to give me any compensation for weekend duty, then I regard that as a dealbreaker.

Any suggestions you may have for what else I can do would be appreciated.

– Unpaid

Dear Unpaid …

I agree with you. And I’d let it go, especially in this employment market. Having to stay at home one weekend out of six isn’t enough of a burden to push the issue very hard, especially when we’re talking about a total of no more than five more weekends before you become a salaried employee with benefits.

Think of it as an investment in relationship-building. When the time comes to negotiate compensation with your future employer, that’s the time to incorporate the weekend work into the salary picture. You realize, I trust, that you’ll get no tangible additional compensation for your weekend work then, either. To the extent you get anything at all, it will be built into your salary where you’ll never notice it.

What I’d recommend you do is to look at your next paycheck sideways. Whatever it is, figure it’s actually just a bit smaller, with a separate amount added to cover your weekend commitments.

If six months passes and there’s no conversion to salaried employee, just more of the same, you might consider cheerfully approaching your employer, explaining that the old contract just expired, so it’s time to negotiate a fresh one — including a bump for on-call weekends if you think you can get it.

Just don’t lose your sense of humor over it. It just isn’t a big enough issue to fight about.

– Bob

This story, “How to discuss unpaid overtime with your employer,” was originally published at InfoWorld.com.