Re: Tech Writer Lawsuit; STC position? (take II)

["Gene Kim-Eng" <techwr -at- genek -dot- com>]

Well, that's the point.  If you're a W2, the moment an
employer "expects/requires/demands" that you work
extra hours, you're not the one who's exercising the
judgement that you need to do it, and you're now an
hourly worker entitled to OT pay.  If you're an exempt
professional employee, your employer can only
"expect/require/demand" that you accomplish the
goals of your job, and it's up to you to decide whether
to work extra hours to do it, or to devise an alternative
method of doing it that eliminates the need for the
extra hours, because professionals are paid to apply
knowledge to solve problems and accomplish goals,
not for their time worked.

If you don't have the leeway in your position to make
your own decisions about extra hours worked or to
make changes in your work methods, then you're not
a professional employee and you should be an hourly
nonexempt.

Gene Kim-Eng




----- Original Message ----- 
From: "Donald H. White" <dwhite -at- jrtcllc -dot- com>

>> Overtime pay that is *required* by an employer...
>
> I think the issue is not with "overtime," as it is legally and 
> classically
> defined. Rather, it's with being paid for the hours worked, period. If 
> a
> particularly day's work requires one to stay on for an hour or less, 
> who's
> to quibble? Yet, if an employer expects/requires/demands one work 10 
> or more
> hours per week and does not compensate for that effort...well, that's 
> an
> issue.
>
> I'm a contractor and my contracts--those that are not 
> fixed-fee--require
> that I will be paid for each hour worked and billed. This issue 
> doesn't deal
> with contractors; it's with employees and employers.

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