Problems with guaranteed hours

[Anonymous]

In my contract I have guaranteed hours and no stipulation that I need to make those hours up. Yet today when I talked to my boss about their vacation plans she told me they'd only need me 2 of the days during the week but that they would be extra long to help make up some of the hours. I realize that we didn't specify that she couldn't do this in the contract but it doesn't state she can either. She just sent me the email and I haven't replied back but I feel like if I'm working more than 8 hours in one day I should get overtime, which is stated in our contract. Any suggestions on how I can make this fair for everyone?

[Anonymous]

Being paid overtime is not anything up for negotiation. It's law.

[Anonymous]

OP, the problem with guaranteed hours is that once you feel entitled to be paid for doing nothing, you are not motivated to work.

How many days are you being paid for? How many hours are in the 2 days you are actually working?

No, I would not ask for overtime, if you are in a state where overtime is hours over 40 in a week. (If it is over 8 hours in a day, then sure.)

[Anonymous]

Anonymous wrote:Being paid overtime is not anything up for negotiation. It's law.

[Anonymous]

Depends on where you are. Some states require overtime after 8 hours a day. I believe DC only requires overtime after actually working 40 hours in a week. So if you don't work the full 40 hour week, you are not entitled to overtime for working more than 8 hours a day.

[Anonymous]

I'm the OP

In our contract it states I'm to be paid overtime for anything over 8 hours a day. If I make up some of the hours from when they were gone I will definitely be working more than 8 hours per day . That to me means they should at least pay my overtime rate for the extra hours beyond the 8 hours. Does that seem fair?

[Anonymous]

OP again

I should mention I usually work 6 hour days, which would mean she could use me for 2 hours extra without having to pay me anything extra. Since I would usually work 18 hours during the 3 days they will be gone, I'm totally fine making up 4 of those hours over the 2 days I will be working for the family.

And to respond to the the person that thinks having guaranteed hours makes a person not motivated to work, that's just silly. I go above and beyond every week for this family because they do the same for me. I know things always even out in the end, I'm just trying to figure out how much to concede on this topic.

[Anonymous]

Say you are sorry but that's not your normal work schedule and you already have plans for that time (class, appointments, whatever)

[Anonymous]

I would respond, "I would be happy to work additional hours on X days, though wish to stick with/abide by/adhere to the contract. A-B time (normal working hours) is covered in weekly check. B-C time would be at normal hourly rate and C-D time (over 8 hours) will be at overtime rate. Please let know as soon as possible what hours/schedule you would like to reserve."

Do you live in a state that mandates overtime rates over 8 hours? That may be an aspect you'd like to forgo for the sake of a satisfied boss, maybe not.

[Anonymous]

You can ask for OT, but your employer will likely view you as greedy and lose trust in you.

[Anonymous]

I had a similar situation with a fairly new boss. What I did was I said... I'm totally willing to help out. Just to let you know I normally would charge additional because it's outside of our agreed "work hours" but because this is the first time I can let it go!

[Anonymous]

Pp here... Sent too early.... cont.. However next time I will need to charge x Amount per hour! Hope this makes sense see you soon

[Anonymous]

I understand where OP is coming from. Her contract is for guaranteed hours which means she gets paid whether they use her or not. However, OP, you have also guaranteed them your availability for six hours per day. I would tell them you have another obligation after your workday but are willing to come during your agreed hours to help in other ways - water the plants, take in the mail, sanitize toys, other kid related stuff. Of course putting in a couple of hours unpaid may be the lesser evil at that point.

[Anonymous]

OP handle this carefully because you will be setting a precedent. Do not agree to anything that will make you bitter and uncomfortable if it continues in the future. I like what a PP suggested in saying that you are happy to help out this week, while stating what your expectations will be going forward. That at least sends the message that you are willing to work with them, but have your boundaries.

When I negotiate guaranteed hours I make clear that while it is about guaranteeing my paycheck, it is also about respecting my availability and the schedule we have agreed to. I strongly believe that what they do with their time is their business, but I should not have to rearrange my life around theirs (on a regular basis). I'm not interested in giving up my weekends and evenings for free because my employers chooses to take a bunch of time off. Lets all be grownups and deal with the consequences of our own choices!

[Anonymous]

Honestly, unless their trying to have you make up all 18 hours in 2 days I would let it go. But, if you have other obligations either of those evenings let them know and let then know what time you will be available until.