Re: employment law, overtime

Subject: Re: employment law, overtime
From: "Gene Kim-Eng" <techwr -at- genek -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Wed, 23 Jan 2008 08:03:11 -0800

They're probably working on the view that writers, technical or
otherwise, are doing work that can be standardized and taught
to low-wage employees without advanced education who work
under direct supervision, such as secretarial/admin, clerical
or DTP workers, rather than professionals with advanced
education and skills who design, invent and/or manage as an
integral part of their typical work functions.. You can probably
expect to see more of this sort of thing now that even the STC
has thrown in the towel and adopted the BLS definitions and
statistics for technical writers instead of leading the charge to
promote a higher view of technical writing as professionals
rather than "glorified secretaries."

Gene Kim-Eng


----- Original Message -----
From: "Chesler, Lynn" <lchesler -at- auspicecorp -dot- com>
> Exempt (salaried) and Nonexempt (hourly) are defined by the Federal Fair
> Labor Standards Act (FSLA). Whether you are exempt or nonexempt under the
> law relates to the specific duties you perform in your job. While I can't
> speak for California (which tends to go off in its own direction), I can
> say that if you are using professional judgment as described in the
> statute, you qualify as exempt and therefore are not entitled to overtime.
>
> Regarding the government contracts, the government might be tying specific
> tasks to a specific title and the title of tech writer might not be
> considered a "professional" position and therefore entitled to overtime.
> This is just a guess.
>
> The buckets described by the FSLA are somewhat subjective, and a tech
> writer as defined by one company or the government can be doing very
> different work from a tech writer as defined by another company. You need
> to look at the language of statute and assess it against the tasks of your
> own job.

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Follow-Ups:

References:
employment law, overtime: From: Jay Maechtlen
Re: employment law, overtime: From: Jay Maechtlen
Re: employment law, overtime: From: Jay Maechtlen
RE: employment law, overtime: From: Allan Ackerson
RE: employment law, overtime: From: Chesler, Lynn

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