Re: Exempt status for Tech Writers

[Ned Bedinger <doc -at- edwordsmith -dot- com>]

For those who missed the last hashing out of the issue here, our 
professional status in the U.S. was implied in law nearly 20 years ago, 
first by the US Department of Labor (DOL), and then at the state level 
(in some states). A consortium of computing and high tech employers 
drove the effort to write and pass legislation in the states. The STC 
endorsed the effort, which had the combined effect of institutionalizing 
the 'professional' status of tech writers, while at the same time ending 
legal entitlement to overtime pay for hourly tech writers (e.g., agency 
contractors paid by the hour).

In California the industry-sponsored legislation was derailed and 
modified to make tech writers eligible for overtime pay in that state. 
As with the original DOL law, the California law leaves room for 
interpretation of whether tech writers are specifically included or 
excluded. High tech employers in California sometimes exercise their 
preference for hiring tech writers as professionals exempt from overtime 
pay requirements. The class action lawsuit (discussed here previously 
and mentioned by the OP of this thread) will test whether employers have 
that option or must pay tech writers as hourly employees eligible for 
overtime pay.

I think I still have the useful DOL links and documents if anyone's 
interested. The language in state legislation was very similar to the DOL.

Obviously, California is where most interest in these issues roosts 
today. The San Jose Mercury covered the story of the tech writer at Sun 
lawsuit while it was news, search there for links to the story and some 
little op-ed pieces.

Ned Bedinger
doc -at- edwordsmith -dot- com

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