Federal judge sides with Oregon Man accused of illegally using the word 'engineer'

[nestorius]

The Engineer's Dilemma-----
I'm not allowed to run the train
The whistle I can't blow…
I'm not allowed to say how far
The railroad cars can go.
I'm not allowed to shoot off steam,
Nor even clang the bell…
But let the damn train jump the track
And see who catches Hell!

 

[mbrowne5061]

I think you will find Oregon's protected state for the word engineer will be thrown out by the time this is finished.

I don't think they can - nor will try. Engineer is one of the professions specifically laid out as exempt from the FLSA, and federal over-rules state law in this case. Unprotecting that word would open up a whole can of worms that I don't think any state wants opened. Its also a profession in the sense you can be legally barred from practicing if found in violation of the local code of ethics for your industry and state.

 

[takemaru]

Some laws in American is so ridiculously stupid.

No, It has nothing to do with the US laws. It's the Board of Engineers (something like an engineer's union) sued the guy for impersonating as an engineer.
So, basically the BoE are fuming with rage, because THEY want to decide, who is an engineer and who is not. It's just ****in' retarded.

 

[mbrowne5061]

No, It has nothing to do with the US laws. It's the Board of Engineers (something like an engineer's union) sued the guy for impersonating as an engineer.
So, basically the BoE are fuming with rage, because THEY want to decide, who is an engineer and who is not. It's just ****in' retarded.

What about Doctors? Lawyers? They're placed in the same legal category as Engineers; legally regarded as a "profession" that requires specialized education to perform that work required. You can't just call yourself a Doctor or Lawyer (or engineering) without having gotten an education recognized by their respective governing boards, and passing their required certifications, because people's lives depends on them performing quality and reliable work.

This guy may have been an engineer in his country, but he didn't bother to go through the process of becoming one here - something he undoubtedly was aware of, and then apparently chose not to pursue. If Oregon's BoE allowed this to slide, it would set precedent and then anyone who was an engineering back in their country would be able to call themselves one here - regardless of the other country's standards.

 

[cliffordcooley]

This guy may have been an engineer in his country, but he didn't bother to go through the process of becoming one here

On that I will agree. But the board cast his work out regardless of how well thought out it was. And they did so simply because he wasn't licensed.

People don't have to have a license to be qualified. And the sad part of this is they don't necessarily have to be qualified to be licensed either. It is a money grab by government for the most part. Bottom line is they only care about the the cost it took to get licensed. That is the sole purpose in making people get license for absolutely everything they do.

 

[takemaru]

anyone who was an engineering back in their country would be able to call themselves one here

So what? They are not doing anything wrong by calling themselves an engineer, they aren't even lying. It's only illegal, if they are practicing.

 

[mbrowne5061]

So what? They are not doing anything wrong by calling themselves an engineer, they aren't even lying. It's only illegal, if they are practicing.

He presented himself as an engineer to a civil authority (his local town) to advocate for a system he designed for use by that authority. By definition, that is practicing. Someone cannot call themselves a lawyer in New York, and then offer legal advice in New York, without being qualified by the New York Bar - even if they are qualified by another state's Bar or in another country. Similar deal for doctor.

Here is the real kicker: all he had to do was take his work to a PE and get it signed, then he would have been fine, and it even would have counted towards him getting his own license. I don't think there would have been a PE out there who would have taken issue with his work, and few might have even tried to hire him on as an EIT.

On that I will agree. But the board cast his work out regardless of how well thought out it was. And they did so simply because he wasn't licensed.

People don't have to have a license to be qualified. And the sad part of this is they don't necessarily have to be qualified to be licensed either. It is a money grab by government for the most part. Bottom line is they only care about the the cost it took to get licensed. That is the sole purpose in making people get license for absolutely everything they do.

The BoE in all 50 states is not a government agency. Each state has chosen to "outsource" their qualification process to this private third party (though not the same one for all 50 states), and entrusts them to be fair and impartial when issuing (or revoking) certifications and licenses. The state doesn't see a penny of the licensing fees, at least not directly.

IMO, given the scale of modern projects and the amount of cross-state trade these days (compared to what it was nearly 70 years ago when these boards were first stood up), I do believe that there should be an overall 'federal licensing board' that supersedes the state ones at this point (either as a fed agency, or a private-but-impartial third-party), but that is neither here nor there in this thread.