Re: Technical Writers and Overtime

Subject: Re: Technical Writers and Overtime
From: Lauren <lauren -at- writeco -dot- net>
To: techwr-l -at- lists -dot- techwr-l -dot- com
Date: Fri, 27 Jul 2012 14:14:30 -0700

On 7/27/2012 9:59 AM, Robert Lauriston wrote:

I'm sure a lawyer could make a case that I'm not exempt, but I doubt
the case would be solid enough that the lawyer would take it on spec.
Has anyone heard of tech writers in the software industry successfully
suing for unpaid overtime?

Yes, Dani Hoenemier. http://www.techwr-l.com/archives/0805/techwhirl-0805-00758.html#.UBMEAbR8Duw

"*Technical writer misclassified as exempt
*NORTHERN CALIFORNIA - A technical writer who was misclassified as exempt from overtime compensation had job benefits removed after complaining to the employer. Technical writer was constructively termited and former employer made deliberately false statements (including asserting the existence of a non-competition agreement that violated Business and Professions Code section 16600) to a prospective employer in violation of Labor Code section 1050, successfully preventing the technical writer from being hired. Confidential settlement."

http://www.joeroselaw.com/cms/Default.aspx?tabid=57

This is a pivotal case in California.

http://www.marlinandsaltzman.com/Employment-Law-Employment-Law-Class-Actions/Misclassification-of-Technical-Writers.shtml

http://www.lawyersandsettlements.com/articles/california_labor_law/technical-writers-versus-sun-micro-10627.html#.UBMDRrR8Duw

http://classactiondefense.jmbm.com/2008/06/labor_law_class_action_defense_4.html







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