Legal Question in Employment Law in California
technical writers non-exempt?
In CA labor code 515.5b the code identifies technical writers as non-exempt if I read it correctly. But wage order 4 seems to reclassify the same verbiage to ''who is paid on an hourly basis'' in 3(h). Does one of the regulations precede the other, because it seems we fall under the professional exemption.
Also, our boss warned us that in March we are expected to work nights and weekends. The labor code states we get at least the 7th day off. Does this apply to us? Is there any limit in the amount of hours they can make us work in one day?
2 Answers from Attorneys
Re: technical writers non-exempt?
Your duties determine whether you are exempt. For the definitive answer, contact the Labor Commissioner for an appraisal. If they agree you are entitled to OT, then file your claim. If others wish to join, have them file as well. Contact me if interested in hiring counsel for the hearings and trial.
Re: technical writers non-exempt?
The first question is, what type of "technical writer" work are you performing? Under 515.5(b)(E), writers of documentation materials to be read by customers, subscribers or visitors ARE NOT EXEMPT from overtime laws. Technical writers solely documenting for internal usage purposes are exempt (i.e., documenting what the programmers have done for internal consumption, not for public use.) Please contact me so that we can determine if you have been properly classified as exempt as a preliminary question.
(800) 447-5549
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
