Re: Tech Writer Lawsuit; STC position? (take II)

Subject: Re: Tech Writer Lawsuit; STC position? (take II)
From: "Gene Kim-Eng" <techwr -at- genek -dot- com>
To: "techwr-l List" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Wed, 21 May 2008 09:45:19 -0700

I don't think the potential downside is offshoring as much as
it is the potential diminuation of technical writing from a
profession to a trade. Overtime pay that is *required* by
an employer (as in, "this week you are *ordered* to work
60 hours) is already mandated by most state labor codes;
either the codes mandate the payment even to exempts,
or they are written in such a way that an employer subjecting
an exempt employee to such a requirement automatically
voids the employee's exempt classification. The only
overtime that an employee can be "exempted" from in most
states is overtime that an exempt employee *chooses* to
work if, in his or her judgment it is necessary to accomplish
an objective (as in, "sometimes we need to work extra hours
to get things done, but it's up to you to decide if, when and
how much you need to do it.") Check your state's labor
code to see where you stand.

Gene Kim-Eng


----- Original Message -----
From: "Geoff Hart" <ghart -at- videotron -dot- ca>
> Just to clarify: I was in no way advocating that STC should step in
> as a lobbyist; in this particular case, it's not clear whether
> advocating to promote paid overtime is a good thing (i.e., it defends
> the rights of technical writers) or a bad thing (i.e., it gives
> companies one more reason to cut costs by offshoring). Companies
> could jump either way, and it would be a bad thing for STC to be seen
> as promoting a position that leads to more offshoring if they guessed
> wrong. That's probably the real reason why STC is staying clear of
> this mess.

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Follow-Ups:

References:
RE: Tech Writer Lawsuit; STC position: From: Donald H. White
Tech Writer Lawsuit; STC position?: From: Geoff Hart
RE: Tech Writer Lawsuit; STC position?: From: Dan Goldstein
Tech Writer Lawsuit; STC position? (take II): From: Geoff Hart

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