RE: Tech Writer Lawsuit

["Combs, Richard" <richard -dot- combs -at- Polycom -dot- com>]

Lauren wrote:
 
> I think that there is a big issue here in that the exemption
specifically
> applies to employees "paid on an hourly basis."  Hoenemier was a
> _salaried_
> employee.  I think that she would need to have her status changed to
> hourly
> in order for the exemption to apply.  The mention that "many of the
> writers
> don't want to be hourly workers" suggests to me that Hoenemier may be
> arguing that she is an hourly worker or should be an hourly worker,
rather
> than a salaried employee.  I think her employment status here is
critical
> to
> the case.

I think I agree, except that you've reversed exempt and non-exempt.
Exempt means "exempt from the wage-hour laws," so it's the salaried
workers that are exempt; hourly workers are non-exempt. 

The idea of being salaried, but getting overtime pay, makes no sense to
me. Regardless of how things are totaled on your paystub, logic tells me
that if your earnings depend on how many hours you work, you're an
hourly worker. Don't forget to punch out at lunch. :-) 

Richard


Richard G. Combs
Senior Technical Writer
Polycom, Inc.
richardDOTcombs AT polycomDOTcom
303-223-5111
------
rgcombs AT gmailDOTcom
303-777-0436
------






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