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.

http://www.minimum-wage.org/overtime/florida

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.



^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
From our sponsor Doc-to-Help: Want to see a Doc-To-Help web-based Help sample with DISQUS for user commenting?

Learn more: http://bit.ly/13xpg5n

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

You are currently subscribed to TECHWR-L as archive -at- web -dot- techwr-l -dot- com -dot-
To unsubscribe send a blank email to
techwr-l-leave -at- lists -dot- techwr-l -dot- com


Send administrative questions to admin -at- techwr-l -dot- com -dot- Visit
http://www.techwhirl.com/email-discussion-groups/ for more resources and info.

Looking for articles on Technical Communications? Head over to our online magazine at http://techwhirl.com

Looking for the archived Techwr-l email discussions? Search our public email archives @ http://techwr-l.com/archives


References:
TECHWR-L Premium Jobs, Events, and Announcements: From: TechWhirl Advertising
Don't These Recruiters Learn? Still Violating Federal Wage Laws: From: William Sherman

Previous by Author: Re: Need a collective noun
Next by Author: Re: Best explanation why NOT to run as administrator/root
Previous by Thread: Re: Don't These Recruiters Learn? Still Violating Federal Wage Laws
Next by Thread: TECHWR-L Premium Jobs, Events, and Announcements


What this post helpful? Share it with friends and colleagues:


Sponsored Ads