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Employee Contract / Compensation Letter

OddArchitect

The thread about working crazy hours spawned another related discussion.  

How many of you have an employee contract and / or compensation letter that stipulates additional compensation for overtime work?

If you're not in the US please let us know.  

 
Nov 14, 22 2:14 pm

I'll start. 

Part owner of a firm.

No employee contract, compensation letter has no provisions for additional compensation for overtime.  

Nov 14, 22 2:16 pm  · 
1  · 
atelier nobody

Pretty standard for exempt employees in the US. At least as a part owner you might see a little profit for your hard work.

Nov 14, 22 8:51 pm  · 
 · 

Yup. This year has been good. I'm getting a 32% return on my stock buy in. I own about 1% ish of the company and have gotten dividend payments the the mid four figures.

Nov 15, 22 3:48 pm  · 
1  · 

same set up for me. small firm rules, i guess.

Nov 18, 22 9:45 am  · 
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fwiw, the only job I had with compensation for overtime was in Japan. In UK didnt have that but the boss did not normally allow overtime. Cant recall what the deal was in Canada. Weird thing about the job in Japan was that EVERYONE worked in sane long hours. 7 days a week, half days on Sunday, 09:00 to 23:00 on a regular day, a few hours longer when busy. That was during a recession. Cant imagine how it was during the boom years. Bigger bonuses I guess. Anyway, if you do that for long enough it becomes really hard to stop cuz half of your income is based on overtime and over-overtime wages. At the end of 5 years I was burned right out and started going home early, and just took the pay cut. Cannot imagine working that hard for a flat salary, unless the owner.

Nov 18, 22 9:53 am  · 
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natematt

My (large corporate) firm has an employee handbook that I believe was referenced in my offer letter. That is generally set as the standard by which overtime compensation and benefits are determined.

In short you get overtime pay per non-exempt employee status per your local state for about 2-3 years.  

After that and forever you can still get overtime perks such as meals and transportation costs if you work a certain amount of hours in a day.

Nov 14, 22 2:51 pm  · 
2  · 
Non Sequitur

Yes.  Obviously in dirty frozen communist canadi'stan.

Pre associate, had a $/year number and a $/hr figure.  $/hr = year salary divided by 1950hours (52weeks*37.5hr).  That was OT $ paid out biweekly with regular payroll.

Post associate, I have a set $/year + profit share and a set 37.5hr/week commitment.  Profit % is expected to cover OT and more.

Covid has not been kind to the profit share... mostly because we kept all our staff on payroll regardless of projects or ability to put in full-time hours (see dirty communist point above), but when I calculate my % share from last year, all my hours above the 37.5/wk give me a OT rate of 1.85x


Nov 14, 22 2:52 pm  · 
6  · 
Non Sequitur

To clarify the first point, say a regular staff is 50k/yr, they have a $/hr of $25.64 (50k/1950hrs). Our employment contract uses this figure for all hours worked, including hours in excess of the required 37.5/week.

Nov 14, 22 2:58 pm  · 
1  · 
natematt

I'd love to get paid even regular time for my OT hours. I make a pretty serious point these days of not working more than a few hours of OT because I get nothing for it.

A few times I've actually offered to help on unrelated projects for which I was not assigned and where they didn't have the staff to do it... With the requirement being them giving me a  "spot bonus"... actually worked twice... 

Nov 14, 22 4:09 pm  · 
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tduds

This is exactly my firm's arrangement. Non-shareholders are hourly & get paid 1.5x overtime. Shareholders are salaried, with no overtime, but bigger bonuses. About 75% of the firm are shareholders.

Nov 15, 22 2:31 pm  · 
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Non Sequitur

We’re 7 out of 22 (I think) with profit shares. 4 of those 7 have a say in business decisions.

Nov 15, 22 5:24 pm  · 
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pandahut

Overtime is in my initial contract offer and signed (as well as within our employee handbook). Average YTD OT payout is 10k after tax (yikes, need a new gig).

Nov 14, 22 5:10 pm  · 
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Are you a full time or contract employee?

Are you licensed? 

Nov 14, 22 5:11 pm  · 
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pandahut

Full Time and No, not licensed.

Nov 14, 22 5:53 pm  · 
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Are you in a state that views interns as non professionals? IE you get OT for anything beyond 40 hours a week?

Nov 14, 22 6:16 pm  · 
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pandahut

NYC. Everyone here get OT unless they are a P. (Firm of over 3,000+ globally). Not all offices get OT however.

Nov 14, 22 6:51 pm  · 
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Sounds like it's a firm policy because of the international work and labor laws that go along with it. Very nice!

Nov 15, 22 12:21 pm  · 
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atelier nobody

I did once work in a small firm whose policy was that only Principals were on salary, everyone else was hourly whether or not legally required to be. They also gave me a nice bonus at the end of the year even though I had just started there in mid-October. They were just exceptionally generous.

Nov 15, 22 1:43 pm  · 
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RJ87

When I was an hourly employee it was stipulated in an agreement I signed my first day that laid out OT, but when I switched to a salary position after getting my license it went out the window. We're generally expected to have it balance out over time to 40 hrs a week. Overtime is pretty frowned upon & has to be approved in advance for hourly employees.

Nov 14, 22 6:08 pm  · 
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The first firm I worked for was like that. Everyone other than the partners had to get approval to do overtime.

Nov 14, 22 6:17 pm  · 
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atelier nobody

In my experience, it NEVER balances out to 40 hours average - they always expect 40 hours minimum.

Nov 14, 22 8:56 pm  · 
1  · 
thisisnotmyname

Yup! And one time I worked late until about 2:30 or 3 am and then got reprimanded for not coming right back at 8:30a the next morning!

Nov 15, 22 12:17 pm  · 
1  · 
RJ87

Yeah, I know that can be the norm a lot of places. We really are typically a 40 hr a week office though. Sure, stuff happens occasionally. But the general thought is if you can't do it in 40 ish hours on a consistent basis something is wrong. We're pretty civil when it comes to expectations of having your butt in the chair, which is why most of our employees have been here for over a decade. Like every office we have our gripes, but in general you're left alone to do your work on a day to day basis.

Nov 15, 22 12:34 pm  · 
1  · 
atelier nobody

We don't have a contract per se (I actually don't even remember if I got an offer letter or just a verbal) but we do have overtime policy in the employee handbook, which I believe is as legally binding as a contract for at-will employees.

Exempt employees don't get time+½ like hourly employees, but we can get straight time for up to an additional 20 hours a week.

Nov 14, 22 8:49 pm  · 
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Interesting. 

Your case may be because of a unique state labor law. In general though, employee handbooks that detail overtime compensation that differs from state and federal law is NOT legally binding or considered a contract.

Nov 15, 22 9:54 am  · 
1  · 
atelier nobody

Nope, not a California labor law. I believe it has to do with our major Federal contracts - I think the Fed contracts have clauses that they have to give us something similar to what Federal Government civilian employees get. We also get ALL Fed holidays even though other divisions of the company doing non-Fed work don't. (Now, if they'd just give us the same number of leave days...)

Nov 15, 22 1:27 pm  · 
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Ah! I forgot about the rules for Federal work!

Nov 15, 22 2:22 pm  · 
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bowling_ball

Staff get time in lieu for any overtime worked, and it must be approved in advance. Having said that, we have had to pay out effectively nothing since I can recall, as we're all very strict at putting our pencils down at 5. 

Nov 14, 22 10:57 pm  · 
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I imagine at BB's firm there is a countdown clock that reaches zero at 5pm. All the computers and phones shut off automatically at 5:01pm.

Nov 15, 22 9:55 am  · 
1  · 
thisisnotmyname

Our people stop at 4:55 in order to be lined up at the exit door by 5pm.

Nov 15, 22 12:19 pm  · 
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atelier nobody

Before going into architecture I once worked for a Japanese bank. If we stayed late we got nothing, but if we weren't at our desks, logged in and working at the stroke of 8:00 we could get written up. The day I got "downsized" from that place with 5 weeks severance pay remains one of the happiest days of my working life.

Nov 15, 22 1:34 pm  · 
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bowling_ball

The last employee to quit on us was in 2018. I had dinner with her tonight, and she asked for her old job back. Apparently people appreciate having normal work hours. Who knew?

Nov 16, 22 12:24 am  · 
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RJ87

It is incredible how easy it is to retain employees when you maintain professional hours.

Nov 16, 22 1:35 pm  · 
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thisisnotmyname, need a 10-minute long - 4:20 pm break period and remaining time is wrap up for closing up for the day and go home at 5pm.

Nov 16, 22 7:12 pm  · 
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ambrbk

North East. Major City. US. 

Overtime (& pay) must be approved by a principal beforehand. Apparently until some years ago, all employees were hourly with auto overtime rate for any hours above 40. But that was costing too much? so now it is salary, 7 hour work + 1 hour lunch, and 90% of the office clears out at 5. 

Nov 15, 22 10:30 am  · 
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Almosthip

Northern Alberta - I am a salary employee 52weeks/37.5hrs, with employee contract, 3 weeks of holidays, no sick days.  And overtime is banked and I use it as time off later.

When I was buying my house they let me cash out my vacation time for one year and banked hours to help with my down payment.  

They also pay for all my university / syllabus classes and dues

Nov 15, 22 10:39 am  · 
3  · 

Very nice!  If I every turned to the 'dark side'  er 'dark north' and became Canadian I'd want to work for your firm.  

Nov 15, 22 12:21 pm  · 
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Almosthip

There is a reason I have been here 15 years. We are like family. A small company of less than 20 peeps.

Nov 15, 22 12:45 pm  · 
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pandahut

You have more than 15 days PTO now however, right? 15 years at a firm and still 15 days PTO is worrisome. Paying for uni...now that is nice.

Nov 15, 22 5:17 pm  · 
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Non Sequitur

Canadian university is cheap tho, esp compared to U$A. Besides that, 3 week vacation is typical for us too for anyone 5+ year in form. 4 and 5 weeks for management and ownership. I’d be more worried about no sick leave. Does Alberta not mandate a minimum amount of sick time?

Nov 15, 22 5:22 pm  · 
1  · 
pandahut

Dang, are you in CA? We started 15 days here from Day 1 and caps at 250 hours by year 5....really solid. Although to be fair I have never used all of my PTO before, I have work to do.

Nov 15, 22 5:25 pm  · 
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They are both in Canada. They have a lot more holidays than the US. Not to mention required paid leave for things like having a child.

Nov 15, 22 5:38 pm  · 
3  · 
Non Sequitur

Also helps that we really only need to worry about paying parking when having a child. 8-)

Nov 15, 22 6:22 pm  · 
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That's it, I'm moving to Canada!

Nov 15, 22 6:27 pm  · 
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Stasis

Does Canadian firms offer pretty good paternity leave? I got one week for my kid and can't apply for the California Family Rights Act as I do not have 12 months of service at my current place. There is paid family leave by EDD, but this one does not offer job protection, so my employer can get rid of me if I choose to take this route.

Nov 15, 22 7:39 pm  · 
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Non Sequitur

Parental leave is mandated by government. 12 or 18 months leave at 2/3rd salary or so. Your job is also protected and that leave can be split between parents. Some places will top up the last 1/3rd of salary and some, esp gov departments with unlimited budgets, will allow both parents to take 12months each paid leave.

Nov 16, 22 5:52 pm  · 
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If Trump is reelected or worse (if possible), moving up north of the border (Canada) sounds very appealing. British Columbia, Canada is a fine place.

Nov 16, 22 7:20 pm  · 
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Almosthip7

Alberta does not have mandatory sick days.   There are only 2 of us in the building science department, we are just not big enough for us to all be taking vacations all the time.  All of our staff have been together 10+ years.   Imagine if we all got 6 weeks vacation than who would the work?


We can take 12-18 months off paid for having babies but only 60% of your pay

Nov 15, 22 7:49 pm  · 
1  · 
Stasis

I'd totally take that offer at 60% of the pay... Nothing beats quality time with your baby. 1 week is a joke... My wife has 4 months but getting these government beauricracy to takes amazing pain in the butt..

Nov 15, 22 10:48 pm  · 
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Stasis

I meant getting government support is pain in the butt..

Nov 15, 22 10:49 pm  · 
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RJ87

This may come off as cold hearted but I mean it as a legitimate question because I'm curious. Do most people actually take 12-18 months off when having a kid? I feel like as a business owner you'd have to pay someone 60% & hire someone new to fulfill that work load. Then if they come back a year and a half later you've got two employees when you may only need one.

Nov 16, 22 1:41 pm  · 
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Stasis

As for me, I'd appreciate at least 2 months. 12-18 seems pretty nice for bonding time, but I understand the business owner's perspective here too. Even though they won't cover the 100% of the 60% pay (probably split between employer, EDD or equivalent in Canada, State government, company insurance, etc), it seems difficult for companies to hire someone to fill 12-18 months gap.. I've seen tech companies here in the US offer up to 4 months (what my wife gets), but I have not seen any arch firms sponsor maternity/paternity leave for 4 months.. Firm sponsored paternity leave seems almost non-existent in the US firms.. Perhaps states outside of CA may offer better benefits? I'm curious..

Nov 16, 22 2:30 pm  · 
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Here in Colorado: CO FAMLI provides up to 12 weeks of paid leave for family, medical, and safe leave. Eligible employees who experience pregnancy or childbirth complications can receive an additional 4 weeks of paid leave, for a total of 16 weeks of leave.

Nov 16, 22 3:36 pm  · 
1  · 
Bench

Postings to fill those kind of positions generally include an explainer/title as Maternity Cover or similar... its usually very up front

Nov 17, 22 9:06 am  · 
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Almosthip7

the government pays the 60% as part of employment insurance.  Not the company 

Nov 16, 22 3:58 pm  · 
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whistler

we are located in Canada eh! Always had a employee contract with all my staff .. don't do overtime, shows poor form! and poor management skills!

Nov 16, 22 6:10 pm  · 
1  · 
pj_heavy

Rather not disclose the location, 37.5 hrs/ week as per in contract ( never worked beyond 40 )  20 days paid holidays ( will ask for 25 days staring next year) , 10 days sick/ personal leave. Paid OT with meals / cab fare if work more than 3 hrs. Parental leave, can’t remember this one. 


And no we are not a communist country. :)



Nov 16, 22 10:34 pm  · 
1  · 

I'm guessing you're not in the US.

Nov 17, 22 9:53 am  · 
2  · 
Stasis

10 days sick days is pretty good. I had to burn lot of sick days this time of the year for my newborn and from COVID... I get 20 PTOs but my shitty company kept asking me to use every time I fall below 80% billable hours.. This could be a separate topic in itself. Can a company semi-force (coerce) you to take PTO without finding you projects to charge? At my company, they wouldn't just approve the timesheet unless I charge my hours to PTO. It's like we are paying for upper-management's poor use of resources.

Nov 17, 22 1:45 pm  · 
1  · 

Companies cannot do that. If you're in the office then you're working. Simple as that. Contact your states department of labor and report your firm.

Nov 17, 22 1:59 pm  · 
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Stasis

yea it seemed really shady. they use words like we encourage you to take some time off, but I am able to work and don't really want to take unnecessary PTOs here and there. My company's not American (based in Ireland) but they still need to adhere to the local labor laws.

Nov 17, 22 2:22 pm  · 
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All I can say is what you've described is illegal as *@$k in the US.

May I ask how long you've been at this firm and how long this PTO nonsense has been going on?  

Nov 17, 22 3:07 pm  · 
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Stasis

I've been working here for 8 months and was asked couple times to use PTO when the work is light... It wasn't just me. The upper management casually brought this up during the discipline leads meetings that they encourage the leads and people under them to take PTOs when they are low in billable hours....

I did a quick research (need to look into this further), but CA has Forced Vacation Time that says it is legal for employers to control when workers take their vacation time..  This can also allow them to force their employees to take paid vacation leave at certain times...  

strange land California is...

Nov 17, 22 3:47 pm  · 
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I believe that law is for dictating when you can take vacation into pre-scheduled days. AKA : all vacation must be taken between certain dates. I don't think the law allows owners to say "we're slow, use five hours of your PTO this week."

I could be incorrect though.  

Nov 17, 22 4:05 pm  · 
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Stasis, I agree that there are good reasons for some types of work where employers should be allowed to control paid time off like when certain times of the year, where you don't want staff to take vacations. This is a problem at USPS every single year from Thanksgiving to New Years where postal workers takes their year's worth of vacation time causing understaffing and mail deliveries way into the night because the workers don't want to do the work of delivering all those holiday packages. If USPS could exercise some degree of control over when workers are not allowed to take vacation time off... you can see packages being delivered more steadily and not so late at night in winter because they would have a fuller work crew. Now, I don't know if this granting of control to employers in every kind of job. I think it depends a bit on the situation. Not sure California law would apply to USPS workers but may apply to workers of other mail & parcel delivery services.

Nov 17, 22 6:53 pm  · 
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joseffischer

there isn't a law in the US to my knowledge to stop firm management from asking you to use some of your PTO and/or encouraging you to not use it in other times, even flat out denying PTO. I try to take all of december off every year. Different companies react to this in different ways, but almost always there is shock, even when I bring it up often verbally and in writing during and after my interview process, including showing them past examples of how profitable I can be pre-thanksgiving. My newest gig is VERY shocked, and struggling with our prearranged emails about the matter since a job that was supposed to kick of 1st of oct drug its feet and is now only starting the Monday after thanksgiving....

Nov 18, 22 4:34 pm  · 
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sameolddoctor

3 weeks vacation+sick leave, company pays health insurance for the employee (not for family) - and this is associate level and up.

No overtime for anyone except summer interns (?). This year itself has been an average of 54 hours per week...

Nov 18, 22 11:27 am  · 
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No signed contract (at will employment), compensation was/is outlined in the offer letter and employee handbook. 

I'm an exempt employee so my salary (and any discretionary bonuses) is all I get regardless of the amount of overtime I work. I try not to work much OT, but it does happen here and there as needed to get my work done and out the door. 

Only twice have I worked where an architecture firm paid OT. Both were non-exempt positions and paid hourly. One likely was breaking the law and only paid direct time for OT, though I never worked any while I was there (a short stint of a couple months). The other paid time and a half for OT and I worked a lot while I was there and made pretty good money for it, but it wasn't sustainable.

Nov 19, 22 12:17 pm  · 
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