Ask HN: As an "IT Professional" do you/should you get to claim overtime?

5 pointsntownsend16y ago4 comments

I'm curious to learn about how other jurisdictions from my own (the province of Ontario, in Canada) stack up in regards to IT professionals' ability to claim overtime. Is it common or uncommon where you work/live? Moreover, do you think that IT professionals should qualify for overtime?

For a little background, in Ontario, an "IT professional" is defined as "professionals who use specialized knowledge and professional judgement to work with information systems based on computers and related technologies." (http://www.labour.gov.on.ca/english/es/guide/guide_22.html#information)

This definition is so broad that it covers everything from tech support staff to software engineers. According to the Ontario Employment Standards act, an IT professional is exempt from sections VII and VIII of the act, which cover Hours of Work, Daily Rest Periods, Weekly/Bi-Weekly Rest Periods, Eating Periods, and Overtime. This means that there are no regulations for IT professionals in these areas. Naturally, it seems you'd be hard-pressed to find an ITP that can claim overtime in Ontario, and, I suppose, technically, employers here do not even have to provide you with time to eat or sleep.

4 comments

4 comments · 4 top-level

run4yourlives16y ago

Be careful what you wish for.

We don't have the exception clause here in BC; every employee is entitled to overtime.

If you aren't unionised, it's important however to keep overtime and other such laws in context as they apply to your entire job. In other words, if you want your employer to be a stickler with regards to paying you for that 41st hour, they're probably going to be a stickler with other things too, like ensuring you take 15 minute breaks, a half hour lunch maximum. Or even better, making sure you never work a minute of overtime again; sticking you with the worst possible tasks and projects.

It's give and take.

Are there employers that basically break the law. Of course. But there are a myriad of other trade offs that need to be considered from wages to promotions to perks. If everything after all that is still a raw deal, leave.

If you do work for a union though, my condolences.

DanielStraight16y ago

I certainly think you should be able to claim overtime. I never work overtime myself, but if I did, I'm sure I could claim it. Then again, the company I work for basically rocks, so... your mileage may vary.

byoung216y ago

I live in California, and we have a similar law here:

http://www.philtres.com/vlb/CA_515_5.html

pmorici16y ago

So long as I can claim under time and go home when I'm done with my work for the day I don't care much either way.

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