An ethics question

[Goon]

I'm the LD for a non-profit venue (non-union) and they consider me exempt from overtime. I'm paid a salary and I can accept my exempt status. What's bothering me is that they charge clients time and a half for my labor after 10 hours.
In my mind, the purpose of time and a half is to provide fair compensation to an employee for putting in the extra effort. Clients assume that part of this charge goes to the employee and, frankly, I somewhat resent not receiving it after a 16 hour day.

Morally speaking, is there something wrong with my employer profiting from overtime charges for an exempt employee?

Thanks for your opinions...

[koncept]

Yes and no, If you signed a contract agreeing to it then I guess not. I would be upset by that, but where I work currently if someone rents the space they charge like 12.00ish/hr to have me there its like 45.00ish/hr for our td. I only make 5.85/hr no matter what. If I were you I would approach your manager about the issue as I would not agree with it.

[ship]

It's never really ethical to compare what one is charging as compared to what they are paying you than get upset over it with the person paying you what you asked for. Kid of like buying a car from a dealer, you kind of get taken for a ride or sit in the front seat.

I’m salary also and for the last five months have been putting in somewhere between 60 and 80 hours a week non-stop. On the other hand, for the last seven months since I got my raise, I have been only working about 40 to 60 hours a week and sometimes less. When I find myself in need of a day off or what ever, I when not busy once in a while take it without it counting against vacation or sick days. This the same with leaving early for the day occasionally or coming in late without a problem. It’s part of the concept in not punching the clock. At times I take stuff home to work on, and other times I baby sit the place while doing my own thing.

That flexibility of schedule and constant pay is what sent me towards doing salary. I don’t mind doing the work just like better an expected pay every week with perhaps an occasional but rare bonus check, but at least a specific budget that will never fall short when slow. I also don’t have to worry about blowing the budget or having a short week and still meeting the mortgage. Yep, I as a concept loose money when ever I work over time as a theory, such is part of the incentive for getting stuff done efficiently and correct the first time or in having a good contract that already compensates for beyond normal hours work. For me at least or as implied, such salary pay is based upon both a normal week plus expected average overtime already calculated in and agreed upon within reasonable or specified limits where for some after a certain amount of hours you might be able take some hours off during to make up for the as it were overtime above and beyond. At some point I might go in for another raise in pay to balance out this newer amount of overtime and need to do so, but normally every other year I just mention it’s time for a raise and a few thousand dollars a year is tacked onto the salary. I’m there and would do what’s needed anyway, my salary is just sort of a retainer in me doing my normal work plus what ever falls beyond that.

No, as salary you don’t get extra pay for overtime, on the other hand if you find yourself working a lot of it - irrespective of what the venu is charging for your time, than when it’s time to negotiate your contract you might ask for more in salary pay. This or perhaps after a certain amount of hours in a week negotiate a bonus above the salary pay to balance it out and the theater will be the one falling short in losing money on you if not as busy next year. Or go to being hourly but expect that it will than get complex in not paying for your out of the theater hours work in design which than would require a specified per show design pay. As a designer, it more or less is a flexible type of thing best as salary or fee. What the venu charges for your labor is not really any of your business just as I certainly don’t get paid what the company charges for my even normal before after hours labor to clients. For me at least, I’m always busy so something that is last minute or a rush no doubt gets figured into some overtime scale for paying me even if I don’t see it. Makes up for paying me when I’m not so busy. Sometimes on the other hand when I run over on a project, we have to cut down that paperwork part of the expected wage to the client to match up with the quote. This adds flexibility in what can be charged and is none of the client’s busness in the venu charging for an hourly wage and overtime even though my wage is set.

It all balances out in the end or in being taken advantage of for what you expected in hours what you are paid. Means either your contract is not so good for you or was broken in what if anything was specified in what’s expected of you. Otherwise if the salary is not working out so well, figure hour normal hours than perhaps negotiate in some form of show pay or peridium where by dependant upon the scale of the show in the more of them there is you would work extra hours over what you would otherwise work in more normal shows. On the infrequent show I do, I get paid show pay, and if away, make peridium above and beyond the salary and show pay. That’s part of my own contract but I don’t do many shows. Peridium food/expenses if after say 12 hours, and show/design pay for each design would not be bad in adding into a normal expected work week salary out of fairness.

[disc2slick]

Hey,

I believe that most states have laws dealing with when you have to get paid overtime. So look into that.

-Dan

[gafftaper]

Yeah check on state labor laws. There is likely something there that helps you.

It isn't right that they charge overtime for you but don't pay you any more. That's definitely worth a RESPECTFUL complaint to management over. Why should they make time and a half when you are doing the work.

On the other hand, you can't look at what they charge for your services and complain that they make money off you. That's how business works.

No matter what if you signed a contract then you are stuck with what you signed so be respectful and see how far you get. Try approaching you manager with the attitude, "I see that you charge over time for my services, but I don't get paid overtime. I was wondering if there's been an error and you ment to pay me overtime."

[soundman1024]

I'm not certain but I think overtime laws change when it comes to non-profit groups.

[Goon]

Thanks for all your opinions. I had already mentioned it to my supervisor, coworkers and the CEO and they understand my position and I believe it has made them stop and think. There is no way they will pay me overtime. I've checked the labor laws and have spoken to the state labor board concerning my exempt status and as I've said, I'm ok with my exempt status.

My question was concerned specifically with the ethics of a non-profit charging clients overtime for exempt employees. I view it as taking advantage of a situation that was not meant to be used in such a way. There needs to be a direct connection between employee's extra effort on the job, clients being charged overtime, and the overtime profit used to reward those employees for that extra effort, which is what overtime is intended for. Overtime charges were never meant to be used as a way for only employers to add profit, rather, it was meant to give employees fair compensation for those times when they go above and beyond in their duties.

Unless there is some kind of correlating reward for employees related to those times, I'm going to take the stand that it is an unethical practice, however, they could change this by giving employees a bonus at the end of the year, the amount of which could pertain to the amount of overtime worked.

But I could be completely wrong, so that's why I'm asking!

[Pie4Weebl]

It, while unfair, seems to fall into the catagorie of "things theatres do." I'm always mildy annoyed by the the fact that they not only charge more for me over a certain amount of hours but that they charge $8.75 an hour for me and pay me $2 less per hour.

[Chris15]

Originally Posted by Pie4Weebl

It, while unfair, seems to fall into the catagorie of "things theatres do." I'm always mildy annoyed by the the fact that they not only charge more for me over a certain amount of hours but that they charge $8.75 an hour for me and pay me $2 less per hour.

That $2 an hour, at least here, would be used to pay your superannuation, workers compensation premiums, sick leave allocations, etc. It is a normal business practice as best I can tell. You can't tell me that the techs that we are required to use at the professional theatre we use are actually getting all of the A$38/hr.

[RelativeMischief]

The last company I worked for charged the client $35/hr for me to be there, with overtime as required. They payed me $9.30/hr for one year then a raise to $11.30 the next. They were making over $20/hr on my time. As well, the client was charged a minimum call of 4 hours, but the most I could clock in with on a short shift was a 2 hour minimum call. If I worked a 45min shift (which did happen a couple times) I got $22.60 while the company netted a profit of $117.40. Fair? I didn't think so but they were known for screwing around with people.