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Re: California laws - techwriters exempt?

Subject: Re: California laws - techwriters exempt?
From: Jay Maechtlen <techwriter -at- laserpubs -dot- com>
To: techwr-l -at- lists -dot- techwr-l -dot- com
Date: Mon, 17 Jan 2022 23:57:18 -0800

I''m not sure how the law came about, but the Sun lawsuit may have given it a push.
One or more members of the defunct San Gabriel Valley chapter was part of that, but we never heard much about it.
But it seemed that Sun liked its techwriters to work a lot more than 40 hours a week.
And there was no financial reward for those efforts. I really can't blame them for taking action.
If a company's management is reasonable, then salary/exempt is fine.
If they expect you to work 50-60 hours a week for 40 hours a week wages, then there's a problem.
Oh, well. Hopefully none of you-all get caught in such a crunch.
(an occasional 'crunch time'? sure. Regularly? plan better or reward the crunchees)
Cheers
Jay

On 1/17/2022 6:37 PM, Robert Lauriston wrote:

I think the non-exempt bit is unique to California. Some leftist
writers' organization managed to get it into a bill updating the Labor
Code during the dot-com era.

I've never seen a job ad with a list of states like that. I don't
think right-to-work would be the motive, it's not like anybody's
organizing a union of remote tech writers.

On Mon, Jan 17, 2022 at 4:19 PM Jonathan Baker <jbaker2525 -at- gmail -dot- com> wrote:
Iâve noted more and more ads for remote tech writer that list only 5-6 states that they will hire from. Iâm guessing that most of those states are right-to-work states. So, if you live in CA, MA, NJ, or other progressive states, donât bother to apply.

On Mon, Jan 17, 2022 at 6:07 PM Robert Lauriston <robert -at- lauriston -dot- com> wrote:
Per California Labor Code section 515.5(b)(5) you're not exempt from
overtime if you are "a writer engaged in writing material, including
box labels, product descriptions, documentation, promotional material,
setup and installation instructions, and other similar written
information, either for print or for onscreen media or who writes or
provides content material intended to be read by customers,
subscribers, or visitors to computer-related media such as the World
Wide Web or CD-ROMs."

On Mon, Jan 17, 2022 at 12:03 PM Jay Maechtlen <techwriter -at- laserpubs -dot- com> wrote:
Some years back, there was a lawsuit in California that resulted in
technical writers having to be non-exempt / hourly only.

I don't see anything recent on that topic, has the exempt/non exempt
rule changed?es @ http://techwr-l.com/archives
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Jay Maechtlen
Maechtlen & Associates
(626) 840-8875
www.laserpubs.com/techcomm

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