A community of 30,000 US Transcriptionist serving Medical Transcription Industry

CLASS ACTION SUIT FILED AGAINST TRANSCEND!!! BREAKING NEWS!!! - Boosted Mom

Posted: May 11, 2012

Well, it's done folks! A couple of VERY brave ladies have filed a class action suit for make up to minimum and OT issues against Transcend. If anyone is interested in getting their own going against some other MTSO's, well, it's time to be heard. We're not going to take it anymore! If you would like info on the attorneys who filed this suit, please feel free to email me. A very proud day indeed!

Boosted Mom is Back! - You go girl!

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So glad to hear from you again! And thanks for your efforts!

Bring it on! - BadNana

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Awesome news. Hopefully more to follow.

Transcend class action - Is there any info anywhere

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That we can review regarding the lawsuit? When was it filed? Thanks foir your info!

info - wiseoldwoman

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www.ilnd.uscourts.gov

Page 2

wiseoldwoman - THANK YOU!

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:)

it checks out - north illinois district court - wheres_my_job

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phenomenal!!!!!

I read the entire thing, and it made my day! - Requesting a jury was a smart move, too.

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I hope the courts slaps Transcend's hands royally. I also hope the attorneys filing that suit take a good long look at the entire industry. They're ALL breaking the friggin law and getting away with it! My own, included! I'd love to see them ALL taken down a notch or two by having to start abiding by US labor laws, instead of thumbing their noses at them.

That law firm could take on most of the large MTSOs in this country, and WIN. They'd make so much money, they could probably all retire after that.

Which of us HASN'T been told to trim our time cards to match the 40-hr-week requirement? And we're all doing unpaid work every single day. No pay for spaces, no pay for titles, no pay for researching and proofing, even though they're on us every day of the week to do more of that, too.

I agree that they should be forced to return to hourly compensation, instead of the ridiculous piecework scheme they've been running for so many years.

Other MTSOs - wiseoldwoman

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This law firm "gets it" as far as our industry, and they are hoping other MLS's from other companies contact them with similar problems -- they are ready, willing, and able to file more suits.

?? - anon

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Okay, am I the only one that can't find it???? Thanks!

?? - anon

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Found it! WoW, way to go ladies!!!!! It may be too late at this stage in my career, but hopefully, it will help others.

Using the link that was provided, paste it - into your browser instead of - sm

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Googling it. Up near the top left hand side of the page, under "Tools and Information", click on "Listing of Recently Filed Cases". Then, at the bottom right of that list, click on "next" to go to page 2. At the top of the page you will see "T____ C____ vs. Transcend". Click on the case number to the left of it, and that will open the information on the suit.

GOOD - betty

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Geeez, why am I not surprised?!!!

The only thing that surprises me is that M*Modal - has (so far) dodged that bullet! nm

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nm

What makes you think they have? When they were - sm

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MQ, they got sued.

But they've "rebranded"! They are now - "someone else", with same practices.

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Just because they were sued once, doesn't mean they can't be sued again.

When I say they dodged a bullet, I meant that they somehow escaped this particular suit. And who knows - this particular case could grow to involve multiple companies.

Oh happy day! - O happy day! nm

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I had just come on the board to suggest a class-action suit. - Very timely!

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I've been researching California labor law in particular, and it's quite likely that most MTSOs are in violation of CA labor law with respect to compensation. I'm sure that this would also be true in certain other states.

I have requested a consultation with a bulldog labor law attorney who specializes in filing class actions of this type, and will post more after that.

Last night, while I was doing the *most* difficult work we can do, correcting the VR of an ESL dictator who was simply awful (and I am highly experienced with ESLs) on a 26-minute dictation, I was being paid the LEAST because my line count sank to less than 100 lph for that labor.

This whole thing stinks, people, and even some of you passivist people need to get up on your feet and support those of us who are trying to improve the situation for YOU as well as ourselves. Don't be one of those disgusting people who let other people do the fighting for them.

Bravo! - Boosted Mom

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Well said. I live in CA as well, and about 3 months after Transcend took over the company I worked for, I was told I couldn't work more than 8 hours in a day nor 7 days straight. Well, I was a TL and of course I worked more than 8 hours a day!

This will hit Nuance too then. - Just acquired Transcend.

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Translation: BWA-HAHAHAHAHAHAHA!!

Let's face it. None of us are paid what we are worth. - Doing the happy dance

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We should be paid hourly, compensated for all of our knowledge commensurate with years of experience, familiarity with ESL, work types, AND credentialed or not. We should then get an additional incentive rate based on production. When this industry, including those who were supposed to be representing us, AHDI formerly known as AAMT, allowed the companies to decide that we should be paid for only what we produce, that is when things started declining. I still like this type of work. I like the challenge of learning new things daily. I just think it is about time we got what we deserve.

Me too! - I am actually dancing

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around the house and singing.

BRAVO! BRAVISSIMO!!!! - AWESOME NEWS!!!! NM

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I'll be praying that they win their case, and that it sets a huge precedent in the MT business! Enough greed! No more dishonesty! It's time for them to stop treating the very workers who make their business even exist, like nothing but a bunch of expendable insects.

wtg Boosted!!!! - anon

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I am so happy that 13 of you have banded together to do this!! I wanted to let everyone who is on FB know you can go to MT Tools to see a comment and more info about it, and you can share or like that link to spread the word more, and also the lawyer is not allowed to solicit for more clients BUT anyone esle who feels they have suffered the same should contact him. Good luck to you and we are behind you!!

Are they only suing Transcend, or are they - going after other companies, as well?

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One can always hope!

The larger issue is.... - wheres_my_job

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not simply, uncompensated work that CAUSES one to work overtime or get paid less than minimum wage - but the FACT OF uncompensated work. I'll have to read through the .pdf file again - but I wonder what the legal argument is as far as not being compensated, independent of hours worked.

I calculated for reading emails from company, getting paid half a cent a line - 65 characters in a line WITHIN EMAILS - also, all the character inputted for anything ELSE - i.e., cc's...that's in my complaint. If we get paid per 65 characters - then I want to get paid FOR ALL 65-character "units" I process for a company.

CONTACT THE LAWYERS! - Alice

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Yes, the lawyers are interested in hearing from MTs who worked for other companies. Contact them, as they cannot solicit MT clients. The statute of limitations is 3 years, so this applies to any MTSO that you have worked for within that time. I believe the name of the lawyer is included in the complaint which is posted at
http://www.ilnd.uscourts.gov/RecentlyFiledCase.aspx
#12cv3627.

ALSO, - Alice

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Any complaint related to wage and hour is worthy of a lawsuit. This includes not being paid minimum wage for all hours worked as an employee, and also includes situations where you were called an IC, but treated as an employee with strict schedules, etc. Again, the statute of limitations is 3 years.

lawyer's contact into - anon

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Here is the website for the lawyer with all of their contact info:
http://www.missouriemploymentlawattorney.com/Labor-and-Employment-Law-Blog/2012/May/Medical-Transcriptionist-Unpaid-Wage-and-Overtim.aspx

Also, go to http://mttoolsonline.com/ for a great blog about this, and you can share it on FB and comment, and you can also click on the link for the lawyer from here.

This is a great day!! I am so thrilled that 13 brave women documented and are bringing light to this!! Thanks to you!!!

One has to wonder if Nuance is/was aware this is a - common occurrence at Transcend and

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how this is going to impact on their merger now. Let's face it, many MLS at Transcend actually "embrace" the flexibility to be able to hop on and add additional lines (a LOT of companies do not allow this outside of the timeclock) to either meet their min requirement or boost their counts. With this taken away, how many Transcend MLS are going to run for the door now (knowing the "flexibility" option is obviously going to be over)or will be terminated for not meeting company required minimum counts? The latter obviously would open a whole other can of worms as someone who has been employed for possibly years suddenly being told they don't meet company required minimum. How can they (Transcend) logically explain that one suddenly?

Nuance has acquired all these accounts but with nobody to type them, now what? Just saying ...

"flexibility" - anon

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I hear what you are saying, but the BIG issue here is that this "flexibility" and being expected to work your fingers to the bone was NEVER the rule before SR and the draconian pay cuts and undervaluing of MTs. I used to take my time and proofread everything and I would go to the bathroom without worrying that I was "on the clock" and I made MORE money. Something has to give, and NOT the expectation that we will work 10 to 12 hours in order to make a barely subsistence level of living!!

I like productio pay - but think the downtime needs

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brought back. I like the production because you're not locked into an hourly rate, determined by an "average" of what others do. If I want to make $ 30.00/hour based on my production, without being dependent on someone else's STATs, I should be able to do so. There will always be higher produces and lower producers, hard workers and those that do not work as hard or consistent (like the one on this board that complained she was mad because her TL did not want her "napping" during her scheduled work time). I do think they should bring back the down time rates we used to get paid for research, emails, nonproductive work, etc.

agree about production pay...but.... - anon

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I have always been on production pay and have worked in this field almost 30 years now. I like that I can work extra hard and be compensated for it, that I can add macros and shorts that will translate into more money. The HUGE issue here though is the drop in pay over the years so that I am easily working twice as hard for LESS than I made!! Also, the devaluaton of our job, Nuance advertises on their Indian job site that "no special education is required" and they are just reading the report and making a few edits!! It takes years to learn this trade, and I for one learn at least 1 new thing a day (often more).

How about hourly pay based on merit, cost of - living, and experience? S/M

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Or a FAIR hourly wage, with tiered bonuses for different levels of production? How about wage increases based on lengt of employment? Some of us have been with the same company for anywhere from 5-10 years, and haven't seen a dime of pay increases.

"Production pay" was realistic back in the days of Correcting Selectrics or simpler word processing programs. But look at all the BUILT-IN ROADBLOCKS that exist in these companies' software! They want us to work "faster and smarter", yet their DUMB, CLUNKY programs make that impossible. We often spend more time wading through the demographic input, or pondering the mysteries of all these ridiculously intricate job specifications, than we do actually typing. And yet they want to pay us ONLY for "hands-on-keyboard time"? Uh-uh. We're not gonna take that c**p anymore!

Oh absolutely agree. I guess I was just wondering - how all of this and the current Transcend

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method of operating is going to impact Nuance's takeover. Nuance uses an actual timeclock so if you're typing/working, you're on the actual clock. Is Nuance aware they are inheriting basically sweat shop workers and with the practice ("flexibility") most likely ending shortly, how this is going to impact all the Transcend alleged happy customers?

If Transcend is essentially basically under the Nuance umbrella right this moment and as recent as last night being encouraged to "hop on and type extra," which we all know means not overtime, just type, is this now a Nuance approved policy since it's still business as usual under their name?

It will be interesting how it plays out, that's for sure.

Don't work there, but... - Anonymous One

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If these companies managed their work flow and staffing properly, MTs should be able to work their shifts without having to flex and should not have trouble making their minimum lines. When people do a lot of flexing, even because they are forced to, it does affect the work flow and must be confusing for management, not knowing who is working, and when. "Jumping on the system" at odd hours to pad one's line count takes work away from others who consistently work a schedule.

The "flexibility" to try to meet min. lines and - do enough to eke out a living - sm

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wouldn't be needed if they:
a - Paid a fair wage, preferably hourly, with production bonuses.

b - Didn't over-hire just to produce a ridiculously short TAT. If they had to be able to provide work for their employees to do, instead of them having sit around waiting for it, maybe they'd have to have a little more of a backbone when it came to realistic TATs they quote their clients.

NUANCE DOES THE SAME - Alice

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It was my experience that Nuance does the same stuff as far as requiring you to flex time in order to get lines and keep checking the queue. So, they will not be surprised at anything Transcend does, IMHO.

Hate to break it to you, but - destinyisntfree

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Nuance is just as guilty of the same offenses, or at least they were just a couple of years ago when I worked there. I don't know if things have changed now, but I do know that QC has moved to an hourly pay, and in my opinion, less than 20 an hour for QC is appalling, because it requires a much higher skill set. I can list on one hand the companies I have dealt with who were not guilty of this.

suit - me

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As an hourly employee you are required to sit there your entire shift and watch for work, but if you don't meet the minimum standards, your pay is cut to meet your production and although this is illegal, people are afraid to report it and lose their jobs.

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Well, it's done folks! A couple of VERY brave ladies have filed a class action suit for make up to minimum and OT issues against Transcend. If anyone is interested in getting their own going against some other MTSO's, well, it's time to be heard. We're not going to take it anymore! If you would like info on the attorneys who filed this suit, please feel free to email me. A very proud day indeed! ...

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