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

For all Imedx employees - anon

Posted: Apr 06, 2015

I just spent the last hour on the phone with the Labor Dept, hashing over the entire "punch in/out" versus shift issue. The short version is this ... you DO NOT have to punch in when there's work and then punch out when there's no work. You punch in at the start of your shift and punch out at the end of your shift (or when you take an extended break, such as lunch). If you're available to work but there's no work available, you still have to be compensated for that time. This is based upon a full work week, not individual days.

I can't prove it ... but after speaking with the Labor Dept, I believe the reason for the clocking in/out is because the company is making money while you're working, but if you're not working then they're not making money, and they don't want to pay you for work you're not doing.

Click on the link below to take you to the web page and then read the infor under 785.14, 785.15, and 785.16.

I hope this clarifies things for everyone.

That is what I have been saying all along - sm

[ In Reply To ..]
and everyone stated it doesn't count because we are at home workers...

for home workers, it's a "grey area" - anon

[ In Reply To ..]
according to the person I spoke with. She told me to keep meticulous records of when I actually worked. IOW, say, punch in at 8 a.m. and out at 4 p.m. but log all the times I actually was on the system and keep that as a separate record.

The ONLY problem that could arise, and this is only conjecture on my part, is that the company could terminate somebody with the argument that there is insufficient work.

So, tread lightly with this one or you may find yourself collecting unemployment.

I was - told

[ In Reply To ..]
that medical and agriculture are exceptions. They can pay you however they decide and do not even have to pay 1.5 rate OT.

What you state the DOL told you makes the most sense. Is this from the state level or the national level, and is it different state by state? What state are you in?

Thanks for your diligence!

I live in TN, but - anon

[ In Reply To ..]
The link I was given is a federal one.

Actually a good reason behind this - anonimedx

[ In Reply To ..]
I clock in once and punch out once, not every time I run out of work. I asked the sup (instead of forums) the reason they implemented this.. What it is, they pay you the highest... If you make more by the hours you work, that is what you get.. If you make more by the lines you work, that is what you get.. I believe they did this so they do not get in trouble with minimum wage laws.. I found this to be true because I had a low line pay period a couple of times and got paid surprisingly more than I had suspected. This was because they paid me for my hours instead. Some things, there are actually positive reasons for, not everything is negative. For instance, I love the fact that if I don't make my line quota, they don't take my insurance from me... I have yet to find a company that does that.. Start looking for some positives because IT CAN BE WORSE.

actually, yes and no - anon

[ In Reply To ..]
It hinges on total hours divided into gross earnings PER WEEK, which makes the determination.

I'll use my own figures for this.

March 29 - April 4
Total gross earnings: $205.17 (based on actual lines transcribed)
Actual hours worked: 14:45
Hours available: 24
Hours available w/o work: 9:15

You divide the total # of hours AVAILABLE into the total gross earnings, and that makes the determination. So, using my figures -

Scenario #1:
$205.17 / 14.45 = $14.20/hour

Scenario #2:
$205.17 / 24 = $8.55

Because I made more than minimum wage, everything is "kosher." If I had been available for, say, 35 hours -

$205.17 / 35 = $5.87

Now I've made less than minimum wage, and the company has to meet that. So my paycheck would not be $205.17, but rather $253.75.

Clear as mud?

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