Re: employment law, overtime

["Gene Kim-Eng" <techwr -at- genek -dot- com>]

California statutes provide a set of guidelines that determine
the conditions under which an employee may be classified as
exempt.  Some of the conditions that can apply to tech writers
are requirements for advanced education, performing
management functions (including managing one's own projects)
or work that is considered to require "creativity."  There is also
a minimum pay requirment, but that's only double the state
minimum wage (currently $8.00/hr).  So if you're a CA technical
writer, unless you are paid less than $16.00 an hour or are
micromanaged to the point where you can't decide to go to the
restroom without supervisor permission, you have a very small
chance of arguing that you can't be classified as exempt.

Gene Kim-Eng



----- Original Message ----- 
From: "Jay Maechtlen" <techwriter -at- covad -dot- net>
> In California, at least, the 'exempt' status can't simply be decided 
> by
> the employer.
>
> It is defined by statute according to well-defined characteristics of
> the job activities and responsibilities.
> A number of major employers are learning this- I don't know if the HR
> folks weren't paying attention, or the slavedrivers/ managers weren't
> listening to HR.

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