Re: MentorNet (one woman's response)

[Bernard Cleyet <anngeorg@PACBELL.NET>]

Joe!

No union, right?

Are you exempt from the Fair Labor Standards Act?

I see probably.   Clemson College's interpretation of the law:

http://virtual.clemson.edu/groups/HUMANRES/PerMan/FLSAEXE.HTM

note the professional exemption:


Professional.

TEST A

In order to be exempt as a bona fide professional employee, all of the following must be met.

     1.The employee's primary duty must be either:

              Work requiring knowledge of an advanced type in a field of science or learning, customarily obtained by a prolonged course of specialized
              instruction and study; or
              Work that is original and creative in character in a recognized field of artistic endeavor the result of which depends primarily on the employee's
              invention, imagination, or talent; or
              Work as a teacher certified or recognized as such in the school system or educational institution by which he or she is employed.

     1.The employee must consistently exercise discretion and judgment.
     2.The employee must do work that is predominantly intellectual and varied, as distinguished from routine mental, manual, mechanical, or physical duties.
     3.The employee must not spend more than 20 percent of the time worked in the workweek on activities not essentially a part of and necessarily incident to the
       professional duties.
     4.The employee must be paid on a salary of not less than $170 a week exclusive of board, lodging, or other facilities. The salary requirement does not apply
       to an employee employed and engaged as a teacher in a school or educational institution.

TEST B

A special proviso is provided for professional employees paid on a salary of at least $250 per week. A professional employee who is paid a salary of at least $250 a
week exclusive of board, lodging or other facilities will be exempt if all of the following are met.

     1.The employee's primary duty consists of work requiring knowledge of an advanced type in a field of science or learning, or work as a teacher in an activity
       of imparting knowledge, which requires consistent exercise of discretion and judgment.
     2.The primary duty is artistic work that requires invention, imagination, or talent in a recognized field of artistic endeavor.

So join the club; your only hope is organization.

bc  who became a bargainer for similar reasons.

p.s. note, there is considerable turmoil at the U. of Calif.   The non tenured faculty (tho I think they recently won security of employment) and the secretarial and advising staff are striking next week at five of the campuses.  The TA and health care workers are vowing to honor the picket lines.  I plan to join the line for a time (walk the talk).  The RX and TX (research professionals -- I and technical support staff) will not do any secretarial work.  I bet many of the faculty will join in this.  As the strikes have Central Labor Council
sanction, no work will be done on the four major construction jobs at Santa Cruz.




Joe Heafner wrote:

> > Bernard wrote in part:
> >
> > . . .    Since Universities are more or less managed by the
> > > faculty, they (you) are
> > > unaware of the demeaning nature of working for corporations.
> Okay, I work in a community college, which is a far cry from any university, but if I have a say-so in how things run around here then why am I "teaching" a 22 contact hour load? Why do I have 3 and 4 hour blocks of time in the classroom with no break? Why does my supervisor (the only other physics person here) tell me I'm not "legally entitled" to any breaks during the day? Why does our chem prof have 7 contiguous hours in the classroom on some days of the week with no break? Gee....doesn't sound like faculty have much say at all around here.
>
> Cheers,
> Joe Heafner - Instructional Astronomy and Physics
> Home Page http://users.vnet.net/heafnerj/index.html
> I don't have a Lexus, but I do have a Mac. Same thing.
>
> This posting is the position of the writer, not that of SUNY-BSC, NAU or the AAPT.

This posting is the position of the writer, not that of SUNY-BSC, NAU or the AAPT.