Re: Don't These Recruiters Learn? Still Violating Federal Wage Laws

Subject: Re: Don't These Recruiters Learn? Still Violating Federal Wage Laws
From: Lauren <lauren -at- writeco -dot- net>
To: techwr-l -at- lists -dot- techwr-l -dot- com
Date: Thu, 18 Apr 2013 15:42:27 -0700

On 4/17/2013 2:01 PM, William Sherman wrote:

I got another job email today. They put it in black and white about breaking the Federal wage laws on overtime.

Florida does not add anything to the FLSA, so you are correct that employers must pay time and half for any hours worked over 40 in one week, unless the employee is exempt.

Technical writers working as "computer employees" are exempt when they earn $27.63 or more. In this case, any hour worked over 40 in one week must be paid $37.50 unless the employee is earning at least $27.63 when no overtime is required. So, an employee earning $25 per hour will earn more than employee earning $27.63 per hour in weeks with more than 50.65 work hours.

Location : Jacksonville, FL 32256
Rate : $25/hr on W2 ($35/hr for Over Time)
Duration : 9 months + (extendable up to 2 years)

Technical Training and Documentation Specialist (Contractor)

On 4/17/2013 2:28 PM, Robert Lauriston wrote:
Isn't the 2013 computer specialist exemption >=$39.90?

No. And the computer employee exemption only applies when technical writers work as a computer analysts and document computer systems. This position is for training and training documentation.

Recruiters do sometimes get sneaky and try to include clauses that control what laws will apply to the contract and apply penalties to the employee. Parties to a contract may specify the state jurisdiction that governs the contract and may include clauses that the employee is an independent contractor subject to various damages. Some states will permit certain types of employment contracts like this but the state employment laws in the state where the employee works protect the employee unless the employee is an independent contractor. Employers may find it hard to win when an employee challenges contracts with dubious clauses but many employees do not know they can file a claim with their state's labor board to get relief.

This job posting says that the contract is W2 and SGS is in Florida, so Florida employment laws govern and the company must pay 1.5 overtime. The recruiter is probably just playing with numbers and the final rate of pay will be determined when the contract is signed. If the employer does not pay the right wage, then they could be subject to pay back wages and pay the employee damages under Florida law.

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Don't These Recruiters Learn? Still Violating Federal Wage Laws: From: William Sherman

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