Re: Tech Writer Lawsuit

[Ned Bedinger <doc -at- edwordsmith -dot- com>]

Gene Kim-Eng wrote:
> The OT pay itself does not.  The consequences that
> will are that most companies will tell writers to go home
> at quitting time with the admins and clerical staff rather
> than pay it

Aye, it isn't about the work so much as the real cost of getting it done.


, and engineers seeing writers do this while
> they are salaried employees with no OT will further 
> reinforce the existing tendency to view writers as
> nonprofessionals.

Dani made an interesting point on the blog--nothing precludes a 
techwriter from donating free work, staying late to work with an 
engineer who is also working late.

> 
> The real issue is a lack of parity between employees
> whose work is of equivalent complexity and requires
> equivalent education, experience and skills.  

I think there is also an issue that exists between the buttons of 
qualifications and parity. The writers who work effectively without 
being peers of the software engineers--they're not making engineer's 
wages and are not 'taken care of' the way a professional employee is. 
The company enjoys the benefits of having those writers do their portion 
of the work at a rate lower than an engineer charges, even with 
occasional OT.

Can a lesser-qualified tech writer, paid less than $36/hr, actually do 
the work, or will it take twice as long and be less accurate? That is a 
question the hiring manager has to resolve.

The hiring manager who makes those decisions with the law in mind has to 
plan for overtime pay if workload and writer's productivity suggest it. 
This may not be a blame point in the lawsuit, but is generally true in 
any case.

Being able to predict a writer's productivity and overtime requirements 
may not be a science, but where overtime liabilities are concerned, the 
manager needs to factor them in. I don't think it works to say "I won't 
be authorizing any OT", because that is the twin gesture to "I won't be 
working any OT", and an impasse ensues. That doesn't get the work done.

If that putative hiring manager can hire only people who profess abiding 
loyalty and waive their right to OT pay, then I guess (but don't know) 
that's within the law. But without that, I think the law does prevail. 
We're a nation of laws. The people, and businesses are just passing through.

BTW, I think the blog brought out the fact that this is about state 
laws, not national laws. That's a useful point.

Ned Bedinger
doc -at- edwordsmith -dot- com


> ----- Original Message ----- 
> From: "Ned Bedinger" <doc -at- edwordsmith -dot- com>
>> The question is, how does OT pay amount to a problem
>> in technical communications between engineers and us?
>> Hhow does it follow that software engineers would
>> treat us differently if we bill OT hours?
>>
>> Let's face it, tech writers have been in this
>> position for a decade or more, we're not well
>> informed about the laws, we haven't been insisting
>> on OT pay and employers have been insisting they
>> won't pay it.
> 
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 
> Create HTML or Microsoft Word content and convert to Help file formats or 
> printed documentation. Features include support for Windows Vista & 2007 
> Microsoft Office, team authoring, plus more.
> http://www.DocToHelp.com/TechwrlList
> 
> True single source, conditional content, PDF export, modular help.
> Help & Manual is the most powerful authoring tool for technical
> documentation. Boost your productivity! http://www.helpandmanual.com
> 
> ---
> You are currently subscribed to TECHWR-L as doc -at- edwordsmith -dot- com -dot- 
> 
> To unsubscribe send a blank email to 
> techwr-l-unsubscribe -at- lists -dot- techwr-l -dot- com
> or visit http://lists.techwr-l.com/mailman/options/techwr-l/doc%40edwordsmith.com
> 
> 
> To subscribe, send a blank email to techwr-l-join -at- lists -dot- techwr-l -dot- com
> 
> Send administrative questions to admin -at- techwr-l -dot- com -dot-  Visit
> http://www.techwr-l.com/ for more resources and info.
> 
> 
> 

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

Create HTML or Microsoft Word content and convert to Help file formats or 
printed documentation. Features include support for Windows Vista & 2007 
Microsoft Office, team authoring, plus more.
http://www.DocToHelp.com/TechwrlList

True single source, conditional content, PDF export, modular help.
Help & Manual is the most powerful authoring tool for technical
documentation. Boost your productivity! http://www.helpandmanual.com

---
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-unsubscribe -at- lists -dot- techwr-l -dot- com
or visit http://lists.techwr-l.com/mailman/options/techwr-l/archive%40web.techwr-l.com


To subscribe, send a blank email to techwr-l-join -at- lists -dot- techwr-l -dot- com

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