What do you do when your clients expect you to work crazy hours (way beyond 9-5) and you’re on a day rate?

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You tell them your rate covers the natural 8 hour workday and any hour after that comes at an extra cost

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A day rate by law is 8 hours. It just comes down to how much the creative wants to push it.

Ideally, you explicitly describe what counts as overtime in your contract. Day rate books you for 8 hours a day and/or 40 hours a week, anything that makes you work more than 8 hours in a day or 40 hours in a week gets overtime pay at 1.5x.

If that isn’t already in your contract, you could have a very straightforward conversation about “managing workloads” or “managing bandwidth” or something, the goal at the end being that you establish *in writing* that any hours over 8 in a day get time and a half.

Once you’ve established that, you’ll be shocked at how quickly your client figures out how to stop giving you work after 8 hours a day.

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I set boundaries with them. I tell them realistically when I can get something done and sent back to them. You can't do the work well if you're stressed and tired. Plus, you likely are working for other clients. Politely tell them what's a reasonable timeline for you to complete the work.

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Even with a day rate, that client won't be the only one you'll ever have. You have to get adequate rest and breaks to serve your other clients in the future.

If you are being hired at a day rate, your contract should specifically state your hours (9-5) and that anything beyond that window is subject to availability and billed at an hourly OT rate.

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For all those saying “OT” over 40 hours, what about a 1099 contract. Have you ever successfully asked an agency to add the OT clause, even on a 1099 contract?

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Yes

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What does your contract say? Do you have anything in writing? In those situations I used to charge hourly which was good for my agency clients because they knew they could make a nice margin on every hour I worked. (But I don’t work for agencies any more.) The short answer to your question is, have a conversation with them. If they value your work, they will be sympathetic. If they just see you as a way to generate a lot of low-cost billable hours, you may have to suck it up until the gig is over.

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