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Monolith hires both Writer A and Writer B (as contractors). Writer B (in Boston) works any hours he wants -- 2 hours on Monday, 10 hours on Tuesday, 5 hours on Wednesday, 20 hours on Thursday, whatever. He puts in 40, 60, 80, or more hours per week as he pleases. It's a contract with a due date and the work is there. Monolith pays Writer B $60/hr for every hour worked. No special OT stuff -- no time-and-a-half, no double time. Writer A (up in LA) is capped to 40 hours a week according to the deal, because of the state law. Writer A can earn a maximum of 40 hrs x $60 per in a week, or $2400. In a typical week, Writer B can earn double that or more, by virtue of not having an OT law in his state that vetoes the FLSA exemption.
I can't make it any clearer than this. Oh, and while Writer A is sitting on his hands because of the 40-hour cap, Writer B and the other writers on the project (around the country) are cleaning up, doing the work that Writer A can't do but would be able to do if the state allowed him to put in more than 40 hours a week without having to force Monolith to pay OT rates.
It's simple. It's a handicap. Everything stated in this thread regarding the law confirms that. So there's nothing to debate here except when the law in California will change back to what it was, if ever. It's easier for one state to embrace capitalism once again than for the other 49 states to go socialist.
Steve
On Sunday, June 21, 2015 4:43 PM, Gene Kim-Eng wrote:
Off hand, I would still say most likely probably not. Because most likely Monolith will either hire Writer A in CA as non-exempt with a limit of 40 hrs per week for $2400 or hire Writer B in MA as exempt - at a fixed salary of $2400.
Writer B may have an edge in the selection process if Writer A is unable to convince Monolith that the job can actually be done in 40 hrs per week, but will not be making any more money for additional hours worked.
Gene Kim-Eng
On 6/21/2015 3:46 PM, Janoff, Steven wrote:
> Basically half of what Writer B can make if Writer B is ambitious enough. Even at 60 hours a week, Writer B can make $3600 for the week, but Writer A is still capped at 40 hours or $2400.
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