RE: Tech Writer Lawsuit

Subject: RE: Tech Writer Lawsuit
From: "Lauren" <lauren -at- writeco -dot- net>
To: "'Combs, Richard'" <richard -dot- combs -at- Polycom -dot- com>
Date: Thu, 15 May 2008 14:03:39 -0700

> From: Combs, Richard

> I think I agree, except that you've reversed exempt and non-exempt.
> Exempt means "exempt from the wage-hour laws," so it's the salaried
> workers that are exempt; hourly workers are non-exempt.

Read the law that was linked previously again. There is an exemption to the
*overtime* law (LC 510) that applies to hourly workers who earn no less than
$36 per hour (this year's rate adjustment), *except* technical writers.

The application of the exemption to hourly workers was, I think, in response
to the booming IT contractor industry where contractors were charging high
hourly rates *and* collecting overtime because of how California wage laws
were structured. Exemption from overtime pay was applied to these hourly
employees and there was an intense struggle to keep technical writers out
the exemption statute.

As the law is currently, consultants in the computer software field, except
technical writers, will earn their hourly rate for every hour worked and be
exempt from collecting overtime pay for hours worked in excess of 8 per day
or 40 per week. Technical writers will still collect overtime, which is
usually 1.5 times the hourly rate for hours over 8 per day or 40 per week.

Lauren


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References:
RE: Tech Writer Lawsuit: From: Combs, Richard

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