Exempt vs. non-exempt?

Subject: Exempt vs. non-exempt?
From: Geoff Hart <ghart -at- videotron -dot- ca>
To: "TECHWR-L" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Mon, 04 Apr 2005 15:21:56 -0400


Shirley Kondek wondered: <<We're currently looking to add a couple full-time/permanent tech writers, and I assumed that they would be classified exempt.>>

From context, I assume that you mean they are not entitled to overtime no matter how many hours they work?

<<An inexperienced new boss came back from HR with new job descriptions for Tech Writer I, II, III - and they are non-exempt.>>

Let's hear it for inexperience. My not particularly humble opinion is that nobody should be forced to work more than occasional and minimal overtime without being compensated for this. Among other things, there's no way to demonstrate our true costs and true value if our hours are devalued in this manner.

If your HR department accepted this classification, my seditious advice is to accept this, and once the situation has endured long enough to become status quo, ask that all other techwhirlers in your group receive the same status. Of course, you have to be pretty confident in your company's stability and your own importance to your boss to try this, since there's a risk that the additional costs this is likely to generate might lead to layoffs.

It's up to you whether you're willing to stand on principle or the desire for compensation for your work to make a point despite this risk. (Not being sarcastic here. For some people, the principle really is important. At my last job, I made "reasonable overtime" a condition for my employment, but (a) I had the chops to insist on this and (b) they needed me or someone else desperately and couldn't really negotiate on this point. More importantly, (c) they actually had a clue and treated employees like humans.)

<<I understand some people might like the chance to be paid for their overtime, but I see this as a loss in the fight for professional standing since they are now classified as office - clerical. There are also other repercussions to the classification.>>

If this is a true demotion in any practical sense, then it's a significant enough point that my recommendations above may not apply. But if it's nothing more than a name on a chart, with no practical significance, I wouldn't lose any sleep over it. We earn our respect based on our performance on the job, not based on our titles. If the managers who hire and fire us only recognize us from our name on an org chart, it really doesn't matter how we're classified: we're still expendable.

It's the "other repercussions" that you haven't spelled out that need to be revealed. Are any of these truly important, or are they small annoyances like titles? Details?

<<Has anyone else run into this reclassification issue?>>

Only in the sense that I've always been an exempt employee (20 years), and resented it.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --
Geoff Hart ghart -at- videotron -dot- ca
(try geoffhart -at- mac -dot- com if you don't get a reply)
www.geoff-hart.com
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References:
Exempt vs. Non-Exempt: From: Shirley_Kondek

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