RE: Tech Writer Lawsuit

Subject: RE: Tech Writer Lawsuit
From: "Lauren" <lauren -at- writeco -dot- net>
To: "'TECHWR-L'" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Sat, 17 May 2008 19:38:34 -0700

> From: Gene Kim-Eng

> I think Lauren is confusing "independence" as it applies
> to 1099 contractors (the ability to choose projects, work
> methods, place of work) with "independent judgement"
> as it applies to professional employees (analyzing
> situations, comparing and evaluating possible courses
> of action and implementing them within the scope of
> assigned projects with minimal or no direction or
> supervision).

No. I read the law and the article. Sun is saying that Hoenemier is
covered under 515(a) and Hoenemier is saying that she is excepted by
515.5(b). But 515.5(b) excepts Hoenemier from 515.5(a) and it does not
except (or protect) her from 515(a), which is what Sun is arguing.

Personally, I think that Hoenemier is not included in 515(a) or 515.5(a), so
she is not exempt at all.

If Hoenemier claims that in her work she is engaged in duties and
"customarily and regularly exercises discretion and independent judgment in
performing those duties," then she is exempt according to 515(a). In this
case, she is better off saying that she lacks independent judgment in her
job. Also, as a technical writer, she is not a computer software
professional according to 515.5, so that exemption is not an issue here.



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Re: Tech Writer Lawsuit: From: Gene Kim-Eng

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