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> Lawyer's arguments notwithstanding, it seems to me (and
> I'm not a lawyer) that the key phrase in the computer software
> employee section is "who is paid on an hourly basis."
That was my original impression when I read the definition in the glossary.
However, the law for computer software employees, LC 515.5 does not
specifically restrict itself to "hourly" employees. Section 4 reads, "The
employee's hourly rate of pay is not less than thirty-six dollars ($36.00),
or the annualized full-time salary equivalent of that rate, provided that
all other requirements of this section are met and that in each workweek the
employee receives not less than thirty-six dollars ($36.00) per hour
worked."
What 515.5 does is include computer software employees, either paid hourly
or on salary, in the professional exemption of 515, which is restricted to
salaried employees and its definition does not include the type of work
described in the computer software employee definition.
I think the issue with technical writers in the law and in this case is that
technical writers do not direct their own work in the sense described in the
law. TWs receive orders for work, like "here is a project, now document
it," but they do not control or direct the projects that require the work.
So, although TWs may have some autonomy for how they do their jobs, they do
not have autonomy for directing the scope, deliverables, and deadlines for
their work. This puts TWs at a disadvantage, so the exception to the law in
515.5 should protect TWs. As TWs demand more autonomy and recognition for
their contributions, companies may begin to see that TWs are placing
themselves within the definition of professional employee, 515.
So I still think the controversy is that Sun puts TWs in the definition of
professional employees in 515 and Hoenemier, puts herself out of that
definition and out of the extension to computer software employees in 515.5
with the exception of 515.5.
[Due to the "magic" of word wrap, my previous link to the law got hosed.
Here it is again with a tiny.]
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