Re: employment law, overtime

["Gene Kim-Eng" <techwr -at- genek -dot- com>]

As a 1099 contractor, unless you have signed a fixed-price
contract, all your work is usually billed at straight time for
the exact number of hours worked.  Employment laws don't
apply in the first place because you're a vendor, so exempt/
nonexempt is not an issue, it's whatever the client will pay
for.  OTOH, if your contract specifice 40 hours and no 
more without authorization, it's a two-way street, because
while they can't be made to pay you for additional hours
you aren't on the hook to work them.

But if you want to be on the "safe side," I would require
a signoff on hours beyond the contracted number *before*
I worked them.

Gene Kim-Eng


----- Original Message ----- 
From: "Will Husa" <Will -dot- Husa -at- 4techwriter -dot- com>
>I had a situation where the manager who approved my invoices to told me that 
> I could not work overtime. It was 40 hours and no more. Then a major 
> customer came into the picture and the owner of the company told all the 
> managers to "get it done. Whatever it takes." Some of the software 
> developers literally did not go home that week. I worked past 40 hours that 
> week myself and added the extra time to my next invoice (expecting a 
> confrontation). However, my invoice was approved, no questions asked. That 
> set policy right there. If the owner wants something done, he'll authorize 
> the overtime. Just to be on the safe side, whenever I had to work overtime 
> for this client, I made sure to include on the invoice the reason why I had 
> to work the extra time.

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