RE: Tech Writer Lawsuit

["Lauren" <lauren -at- writeco -dot- net>]

The definition of "employee in the computer software field" states, "an
employee in the computer software field who is paid on an hourly basis shall
be exempt."

This part of the exemption law only applies to *hourly* employees in the
computer software *field*.  This does not mean that somebody must work with
a computer software company.

This rule extends the current exemption law to hourly (as opposed to
salaried) employees, but this rule excludes technical writers.

The exception to the exemption law does not apply to Hoenemier if she is
earning a fixed salary.

Lauren

> -----Original Message-----
> From: Gene Kim-Eng

> I've never worked for a computer software company,
> so I haven't given this definition of "exempt" a close
> reading.  I guess it explains why software technical
> writers complain so much about being treated like
> "glorified secretaries."  Comparing this description to
> the other job types listed in section 5, they are.
> 
> Gene Kim-Eng
> 
> 
> 
> ----- Original Message ----- 
> From: "Laura Lemay" <lemay -at- lauralemay -dot- com>
> > The important part of that section is 5e:
> >
> > e. 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
> > onscreen 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.
> >
> > This is the tech writer and web designer clause that the National 
> > Writer's Union fought to add to the 2002 computer 
> professional section 
> > of CA labor law.  Tech writers are supposed to be explicitly 
> > non-exempt in California.  They almost never are.
> >
> > This is the core of the the Hoenemier lawsuit.
> 

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