> Subject: Microsoft trickery
>
> Computer underground Digest Sun Dec 21, 1997 Volume 9 : Issue 92
> ISSN 1004-042X
> [...]
> Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
> [...]
>
> Date: Fri, 19 Dec 1997 21:05:37 -0800 (PST)
> From: "T.L. Kelly" <[EMAIL PROTECTED]>
> Subject: File 2--Urgent Action: WA state HOUSE BILL 2209
>
> The WSDMA, a "labor" organization, has quietly asked the Washington
> Dept. of Labor and Industry to strip computer professionals making
> over $27.63 an hour of their overtime.
>
> Furthermore, the proposed law is written in such a way as to exempt
> "Any employee who is a computer system analyst, computer programmer,
> software engineer, software developer, or other similarly skilled
> worker" even from the minimum wage provisions of Washington state law.
>
> If approved, the law will be adopted Dec. 31, 1997, and become
> effective Feb. 1, 1998.
>
> The WSDMA's largest member is Microsoft, the largest employer of
> computer contractors in the region with an estimated 3-5,000 such
> employees. The company recently lost a labor case brought by a group
> of contract workers. It is the company's acknowledged policy to employ
> contract workers to avoid the cost of benefits, vacation, etc.
>
> Recent applicants have confirmed to me that Microsoft explicitly
> *requires* all contract workers to work "a minimum of 50-55 hours a
> week".
>
> The Boeing Company is also a member of the WSDMA.
>
> The WSDMA's legal move was kept secret. The "request" was not reported
> in the local press until the day AFTER the public comment period had
> ended. The author of that story has acknowledged he learned of the
> proposal in October, but did not cover it because he "didn't
> appreciate the significance." One wonders how he manages to cross the
> street successfully.
>
> The "public" hearing was scheduled for the Tuesday before Thanksgiving
> from 10 am to noon--in Tumwater, WA, several miles south of Olympia.
> The vast majority of the state's contract workers live in Seattle and
> neighboring communities far to the north.
>
> The WSDMA's own street-level membership was not informed of the move,
> let alone invited to comment.
>
> It should be noted that computer professionals are already barred from
> labor organizing by a Cold War-era federal law. It seems the time has
> come to work to get that law overturned on Constitutional grounds. But
> first...
>
> THE PERIOD FOR PUBLIC COMMENT ON THE OVERTIME LAW HAS BEEN EXTENDED
> UNTIL DEC. 19--NEXT FRIDAY.
>
> Management and owners have had nearly two months to comment, we have
> less than a week. Please make it count.
>
> Comments can be sent to Linda Merz of the Washington State Dept. of
> Labor and Industry at (360) 902-5403 or [EMAIL PROTECTED]
>
> Please be clear, relatively brief, and most importantly courteous
> (even if firm).
>
> Comments of up to 10 pages may be faxed to (360) 902-5300 or snail
> mailed to:
>
> Greg Mowat, Program Manager
> Employment Standards
> Department of Labor and Industries
> P.O. Box 4-4510
> Olympia, WA 98504-4510
>
> Below is an excerpt from the proposed law, HOUSE BILL 2209. As you
> can see, it applies to just about anyone working in the computer and
> web industries.
>
> (source: http://www.wa.gov/lni/pa/w128-535.htm )
>
> (1) Any employee who is a computer system analyst, computer
> programmer, software engineer, software developer, or other similarly
> skilled worker will be considered a "professional employee" and will
> be exempt from the minimum wage and overtime provisions of the
> Washington Minimum Wage Act if:
>
> (i) Applying systems analysis techniques and procedures to determine
> hardware, software, or system functional specifications for any user
> of such services; or
>
> (ii) Following user or system design specifications to design,
> develop, document, analyze, create, test, or modify any computer
> system, application, or program, including prototypes; or
>
> (iii) Designing, documenting, testing, creating, or modifying computer
> systems, applications, or programs for machine operation systems; or
>
> (iv) Any combination of the above primary duties whose performance
> requires the same skill level [...]
>
> RESOURCES ONLINE
>
> News Stories (both of 'em -- literally)
>
> Temporary software workers to lose OT
> http://www.seattletimes.com/extra/browse/html97/temp_120597.html
>
> Software temps gain time to fight OT changes
> http://www.seattletimes.com/extra/browse/html97/temp_121097.html
>
> Info from WA State Dept of L&I
> http://www.wa.gov/lni/pa/over.htm
> http://www.wa.gov/lni/pa/w128-535.htm
>
> HOUSE BILL 2209 as posted on the WA Legislature Site
> http://leginfo.leg.wa.gov/pub/billinfo/house/2200-2224/2209_022697
>
> WA Legislature Site
> http://leginfo.leg.wa.gov/
>
> WSDMA
> http://www.wsdma.org
>
> [...]
>
