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Well, no. There's no reason why any of us or the STC
as an org cannot adopt an opinion on how we interpret
the codes and their relationship to one another, with
the understanding that any opinion adopted is just that,
an opinion.
What would be improper would be to come down on
either side of this specific lawsuit without knowing
specifics about the actions of both parties. Because
that requires not just interpreting the codes and their
relation to one another, but also evaluating whether
the codes were complied with.
Gene Kim-Eng
----- Original Message -----
From: "Lauren" <lauren -at- writeco -dot- net>
>I think that it is difficult to take a position on either side given
>that
> getting all of the required details will require some in-depth
> analysis by
> the court for determining the intent of the laws (LC 515 and 515.5),
> clarity
> for the vagueness of the terms for hourly employee, applicability for
> the TW
> exception in 515.5, and the controversy between the interpretations of
> "professional employee" between Sun and Hoenemier. *Nobody* can
> effectively
> take a side without this legal analysis, except the parties to the
> controversy and their lawyers. All anyone can do right now is discuss
> the
> controversy and possible outcomes.
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