RE: Tech Writer Lawsuit

Subject: RE: Tech Writer Lawsuit
From: "Lauren" <lauren -at- writeco -dot- net>
To: "'Janice Gelb'" <Janice -dot- Gelb -at- Sun -dot- COM>, "'TECHWR-L'" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Sat, 17 May 2008 19:29:01 -0700

> From: Janice Gelb

> I'm not sure I understand this distinction: this is not
> specific to TWs. Almost no one who is getting paid a
> salary by a company has total autonomy. Engineers and
> programmers, who are clearly covered by the statute, are
> also told "here is a project, here is its scope and your
> deliverables, and here is your deadline."

And they are covered under 515.5, which specifically excludes technical

515 spells out the types of people who are exempt and those positions have
some autonomy as defined in the phrase, "customarily and regularly exercises
discretion and independent judgment in performing those duties."

515.5 includes certain computer software employees as exempt and they
include the engineers and programmers that you describe. 515.5 also
specifically excludes technical writers.

Sun is arguing that Hoenemier is excluded from the exemption of 515.5, but
that she is still exempt as a "professional employee" as defined in 515.
515 requires autonomy of the employee, but 515.5 does not.

The distinction is that we are discussing two different laws.



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Re: Tech Writer Lawsuit: From: Janice Gelb

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