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Gene Kim-Eng typed:
>
> The problem with this is that it would be a legal analysis,
> and there's no reason to believe STC can do that any
> better than we can right here. My previously posted
> guesses on possible outcomes are based on my 15
> years of experience as a writer and manager in CA,
> and they're still nothing more than guesses.
>
> Given the differences of opinion already evident in posts
> and websites of various writers, probably the best STC
> can do would be to poll its members, particularly here
> in CA, and report back on what the majority express as
> their preference for the status they would prefer to have
> in the event this part of the labor code ever comes up
> for another review in the legislature.
Why wait that long ("in the event the labor code...")?
Is labor law exempt (sorry, had to say it) from the tweaking and
pummeling that is common law? Don't new precedents and interpretations
affect whether/how the code is applied... even before it is revised by
legislature?
After due consultation, STC could at least point out that the current
tests are incomplete or do not make a sufficient or viable distinction
among the workers, their situations, the kinds of actual work they do,
and the skills and abilities that they need to apply when doing their
work.
If nothing else, the case might result in some official clarifications
being issued, and it would be best if some organization (other than the
"writers' union" be the source of some of that clarification... i.e.,
"expert witnesses" for the judge to rely on.
Kevin
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