Re: Tech Writer Lawsuit

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

Gene Kim-Eng wrote:
> ----- Original Message ----- 
> installation and service manuals for rackmounted servers, 
> an exempt professional employee while Bob, who writes 
> software manuals, is a nonexempt clerical employee?

The more I read about it, the more I think the intent of the law is 
illustrated where it draws the distinction between those who write 
software specifications based on end-user requirements, and those who 
write product documentation for end-users. Writing software specs 
require specialized knowledge, product documentation doesn't.

The distinction is defined by the extremes, but is artificial--the job 
duties are a continuum with no natural boundary. I reckon the industry 
is well aware of the problem they've created. They'd have to be severely 
handicapped not to have seen that the law says OT for documentation 
functions at one end of the continuum.

My guess is that they've known for some time whether they would contest 
OT suits while rewriting the laws, or just pay the plaintiffs, win some 
good will, and rewrite the laws. My hope is that we'll be there to 
inject our reality when employers lobby again to write exempt laws for 
software workers.

Ned Bedinger
doc -at- edwordsmith -dot- com


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