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

["Roy, Gary" <RoyG -at- hydroaire -dot- com>]

After looking at the entire order, this clause may be of interest; 

"1. Applicability of Order. This order shall apply to all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis,..." 

Note the 'ALL' in the preceding statement. Salary non-exempt is a category that a company use as a part of its fiduciary duty; rules for non-exempt employees must be followed, including keeping accurate track of time, paying overtime, and otherwise treating them similar to hourly employees for work above 8 hours/day or 40 hours/week (in CA). 

If I were an employer, I would not like this ruling (net profit erosion). 

I believe that this is how the Native Americans probably lost their land...Once upon a time in a land not so far away: John Doe> Running Bull, I know the papers say that we are *borrowing* the land, but this is what the trading papers *really* mean..." 

Gary


>Andrew Plato wrote:
>
>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. 




"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.

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