Re: Big bucks in tech writing - show me the money!

Subject: Re: Big bucks in tech writing - show me the money!
From: Andrew Plato <gilliankitty -at- yahoo -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Thu, 24 Oct 2002 13:57:13 -0700 (PDT)



"Roy, Gary" <> wrote in message news:174000 -at- techwr-l -dot- -dot- -dot-
>
> Based on the responses that I received, it is perplexing how some technical
> writers can work under overtime exempt status (no overtime compensation).
> I cannot speak for other states/countries, but according to the California
> Department of Industrial Relations, IWC Order 2001 Industrial Welfare
> Commission Order no. 4-2001 regulating wages, hours and working
> conditions in the professional, technical, clerical, mechanical and similar
> occupations, it is specifically stated how services rendered by technical
> writers, based on the duties performed, are to be compensated:
>
> "...(i) The exemption provided in subparagraph (h) does not apply to an
employee if any of the following apply:
>
> (v) The employee is a writer engaged in writing material, including box labels,
product descriptions, documentation, promotional material, setup and installation
instructions, and other similar written information, either for print or for on
screen media or who writes or provides content material intended to be read by
customers, subscribers, or visitors to computer-related media such as the World
Wide Web or CD-ROMs...."
>
> Refer to http://www.dir.ca.gov/IWC/IWCArticle4.html for more details.

I think you are misintepreting this ruling. Its a bit more complex than this.
Part of the issue here is people paid hourly vs. salaried employees. You've
pulled two paragraphs out and held them up as proof, but you're not looking at
the entire ruling in context.

Basically the exmption you speak of only applies to people paid on a hourly
basis. Salaried people are not included in this ruling. And independent
contractors are also not included since they are paid flat out for their work.
The only place this might apply is contracted, hourly employees. And even then,
many companies will redefine the position as exempt as part of your employment
contract or use a agency that redefines the work as well. Either way, if you show
up at the front door with your hand out asking for overtime pay, you're not
likely to make any friends.

Andrew Plato

BMW 540i and now you want overtime pay? Sheesh. What's next? M5s for everybody?

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