Tech writers’ wage-Hour suit gets class action status — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Tech writers’ wage-Hour suit gets class action status

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A California judge recently certified a class of about 250 to 300 technical writers employed by Sun Microsystems and SeeBeyond Technology who claimed they were misclassified as exempt from overtime pay and denied meal breaks.

Santa Clara County Superior Court Judge Jack Komar certified writers employed by the two companies in the state between September 2002 and the date of final judgment. Komar gave the parties 30 days to jointly submit a proposed procedure for notifying potential class members.

Former SeeBeyond employee Dani Hoenemier filed the suit in September 2006, claiming that Sun and its wholly owned subsidiary SeeBeyond misclassified its technical writers. The suit sought overtime pay, meal-period pay, statutory penalties, interest and attorneys’ fees and costs.

Hoenemier alleged that technical writers spend most of their time performing production duties, that they do not have management duties and that they do not regularly and customarily exercise discretion and independent judgment regarding matters of significance.

She also argued that the two companies failed to keep accurate time records.

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