California IT Overtime: Employers Operate with "Impunity"

Los Angeles, CAMany California IT personnel can tell you that working in computers is not all it is cracked up to be, thanks in large part to the extra overtime they are expected to work. Making the situation worse, many are not properly compensated for the overtime hours they work, leaving them frustrated and angry. To California IT personnel, overtime is fast becoming a contentious issue—one that they are willing to fight about.

Greg G. works in technical maintenance and repair for 911 services. At his job, he is surrounded by computers. He is responsible for making sure all communications systems flow smoothly.

"I have to work on the floor and monitor computer processes," Greg says. "I take care of the maintenance and flow of telephone, computer and radio systems. I make sure everything flows and works correctly—if something breaks, I fix it. I even change a mouse if it breaks.

"They [Greg's employers] think they can keep me on call, work me through lunch and work me 10 hours a day without impunity. I can't even leave the building during my shift. If I go to the bathroom, I have to take the phone with me. I've called the Department of Labor, they say I have to suffer through this."

Greg says he has been classified as being in "public safety" and that is how his employer gets around paying him overtime. However, Greg says that his job has been misclassified and he really is not involved in public safety.

"I've been working here for almost 8 years," Greg says. "It's gotten worse. It was 9-hour days, now I'm expected to work 10-hour days. I have to give them my home phone number and my cell phone number and be on call almost all the time. Except that it's not really on call because I'm not being paid for it.

"They work me 8 consecutive days and then, to avoid paying overtime, they give me 6 days off. But, that's like saying that it's okay to beat a horse as long as you stop. Out of a 2-week period, that's about 80 hours, but it's 80 hours in 8 days worked."

Greg says that his coworkers have also expressed concerns about the hours they are expected to work without receiving overtime pay.

"We are ruled with an iron fist," Greg says. "The union we are associated with is very weak. The management is allowed to do whatever they want. I've protested to the union and asked for a steward but I was told that the union is happy with the schedule. If they are so happy with it, they should work it.

"In addition to all this, I work at a 24-7 operation. My shift is followed by another shift that comes on and takes over. If the new shift doesn't come in, I have to stay and work it. My 10-hour shift turns into a 20-hour shift. I'm paid overtime for that 10 hours, but I don't feel that it's adequate compensation for imprisoning me. If I ask to leave I am directly ordered to stay. I'm told that if I leave it amounts to insubordination and job abandonment.

"Because of this schedule, the first time I pulled a 20-hour day, I totaled my car. I didn't get enough rest between my shifts. Then, they tried to cite me for not coming to work on time, even though my car was totaled from a lack of rest.

"It's like they want me to sue them. It's not right."