Comment Re:So? (Score 2) 27
I wish I had some mod points.
Fun fact: If you add -pinterest to the end of Google searches, you don't get any links to them.
I wish I had some mod points.
Fun fact: If you add -pinterest to the end of Google searches, you don't get any links to them.
If the company's costs are largely based on hours, whether estimated for a flat fee or actual for billing, it's going to track hours, salary or not.
Irrelevant to whether or not an employee qualifies as exempt.
It's very common for certain salaried professionals to be paid for overtime.
Yes. They're called salaried non-exempt. (Also, the designation of professional has a specific meaning under federal labor law, which doesn't really apply to programmers, who have their own legal definition. "Professionals," in that sense, are people who are either licensed by the government in some way, or require specific education, like a university degree. In other words, doctors, lawyers, and engineers.)
Sometimes that's straight-time pay, sometimes compensatory time off, sometimes something else.
If they do not qualify as exempt (and simply tracking their hours is sometimes sufficient for that), overtime must be a minimum of 150% of normal wages, and other than for public sector (non-exempt) employees, comp time is illegal under the Fair Labor Standards Act. But wage theft is, in fact, quite common, yes. (And if they are exempt, comp time is irrelevant, since you're not supposed to be tracking their hours at all.)
(IANAL, YMMV, different states may have different laws.)
Federal law, however, does not vary anywhere in the US.
I'm sure there are some chronically unemployed MAGA types in LA.
Not really, no. They mostly moved to Florida a long time ago. Again, you've obviously never been to LA.
Might get at least a few of those in the jury pool.
Statistically speaking, very unlikely.
The initial selection for the jury pool is random.
A random selection filtered down to people who can devote weeks, if not months, to jury duty without sufficient hardship to get excused. That generally means either wealthy (and they never bother to even show up, why would they?) or unemployed people, often chronically unemployed, and in southern California, that is a demographic that leans pretty hard left. And it is very, very fashionable on the left to hate on tech bros these days.
They're going to get all sorts.
LA has all sorts of crazies, yes.
And they have to go through voir dire.
And once both sides use up their peremptory challenges, it's up to the judge to rule on for-cause challenges. And superior court judges are either appointed by the governor (and therefore, 100% political appointees) to fill a vacancy, or (re)elected for six year terms, which is a 200% political process. California judges always reflect the ideology of their community, and there are very, very few places in the United States as left as LA.
I don't think people go crazy just by virtue of living in California either.
You've obviously never been to southern California. Especially LA.
Elements for "paying by the hour" include things like reporting start time and end time. We later (on advice of legal counsel) changed the term to "hourly bonus" and paid it monthly instead of each paycheck. The "looks suspicious" warrants some level of investigation, but when the name is the only thing really linked to hourly performance it is overreach.
In what delusional fantasy world is paying hourly bonus money not linked to hourly performance?
You can't pay an hourly bonus without tracking hours. There is case law (at the federal level) that says that if you track hours, they're an hourly employee. It's a minefield, whatever you call it, because you're still tracking hours.
(And overreach is a specialty of the California labor board, especially when it comes to reclassifying exempt employees as non-exempt. Because it's a very easy win.)
If you're paying salaried employees by the hour, they're not salaried employees. Even if you're only paying extra. Looks suspicious.
Only salaried employees can be exempt.
And yes, in California, the judge will side with the employee, because the labor board doesn't care about employees any more than anywhere else, but they live to screw over employers in any way possible for the slightest reason.
Mostly, in the wallet.
I guess I have more faith in juries than that.
In general, so do I. But a) most juries are not dealing with trillion dollar companies run by people regularly referred to as robotic, and b) this is California, and worse, southern California, and worst of all, Los Angeles, the more wretched hive of sum and villainy.
When Alpha Centauri IV sends its beings, they're not sending their best. They're bringing drugs. They're bringing crime. They're rapists.
I've read that book. Or, rather, several of those books. Most of the movies based on that premise aren't very good, though.
I'm reminded of Apollo 13. Nixon had a speech prepared for their successful return. He also had a speech for their death in space. Probably more than one.
So, yeah, Trump has a speech for aliens contact. Probably more than one, for friendly aliens, hostile aliens, attacking aliens, refugee aliens running from their enemies, and any other scenario science fiction has thought of for the last hundred years.
They're probably the same speeches Biden had, and Obama, and every other President for decades, at most, polished for this delivery style.
How likely do you think it is that Meta was acting ethically here?
As I said, it doesn't matter. They could literally resurrect dead babies on live television and the jury would find against them because they have a lot of money. Or they could eat live babies on television, and the appeals will go exactly the same, with the SCOTUS ruling being based solely on who sits on the court at the time.
Facts only matter in a legal case. This isn't a legal case. It's a political case, and facts are literally not allowed to matter.
In the end, Meta will lose, regardless of the facts or the law. They will lose because a California jury will look at the amount of money Meta has, and decide to take as much of it away as possible. I'll predict a billion dollar verdict or more, if Jesus personally came down to testify that, being God, and knowing everything about everyone, had Personally created man to not be capable of becoming addicted to Facebook. Facts simply don't matter.
The appeals will go on for years, and in the end, the only thing that matters is who holds the majority on the Supreme Court in the end.
At least there are differences between different blends of toxic bean waste.
One study, using an fMRI scan to detect activity in the part of the brain that experiences pleasure from taste, involved giving test subjects a test of two wines, one they were told cost $10/bottle, the other, $90/bottle. The fMRI scan showed they physically enjoyed the more expensive wine more than the cheap one. The trick, of course, was the both glasses were poured from the same bottle.
In many circles, so are companies that sell thousand dollar speaker cables with directional arrows, and wood tuner knobs, and all the other things audiophiles literally can't tell the difference they make if they don't know it's there.
You have a point? No? Didn't think so.
Bose recommends standard lamp cord.
We were so poor that we thought new clothes meant someone had died.