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IMEDX, question about reduction in bonus - legalities

Posted: Feb 13, 2015

The e-mail I got said it has been reduced to 2 cents above your line rate. Bonus before was set at line rate and 1/2, which I thought they did because it would be the equivalent to "time and a half," which is, I believe, the law when you are working beyond 40 hours in a week. If you are working bonus, which is usually the case, above your 40 hours, is it legal for them not to pay the equivalent of time and a half?

overtime/bonus - Effie

[ In Reply To ..]
If you are an employee, they have to pay overtime ... time and one-half, for all hours over 40 in a week. Piecemeal pay does not change that fact. I am currently in arbitration with my soon to be ex-employer over this issue.

It is not legal. - Check Dept of Labor Laws

[ In Reply To ..]
According to Dept of Labor website, this is illegal.

If you work over 40 hours, you MUST be paid AT LEAST 1.5 times work rate.

Overtime pay - OldMT

[ In Reply To ..]
You should check with you state and federal entities. The last time I check, which I admit was years ago, the requirement for time-1/2 was they had to pay time-1/2 for your states minimum wage; it did not have to be the rate you were being currently paid (which I thought was a crock), but that was they way it was then. I would double check it again now and see if that has changed.

there are exceptions - dnh

[ In Reply To ..]
There are exceptions to the OT rules in some states. Oftentimes, health care is not bound by the same laws as other industries when it comes to such things as OT, breaks, lunches, shift lengths (such as working double shifts), etc. Check with someone knowledgeable in the particulars for your state.

Bonus pay - sm

[ In Reply To ..]
Frequently they offer "bonus" if you have any deficits, had to flex earlier, and you can help out when they have a lot of work. In that case, I would think they could pay anyway they please.

If they are asking for "bonus" help from people who do not have deficits in their 40 hours, I would think they would have to pay 1-1/2.

This is going to run into the issue of taking time off later to compensate for the time you put in to keep from the 1-1/2X pay, so that people don't go over 40.

The difference I see is $0.0075 per line less for VR with new 2 cent.

However, it is 2.25 cents per line for standard transcription. We don't get much of that though.

Looking at paycheck stubs, it seems differential pay changed also. Haven't got a clear understanding of how it affected it though.

I would be inclined to "let it go," but that is probably how this industry got to this point!

Letting it go - OP

[ In Reply To ..]
I am not going to pursue it. Hoping not to be at Imedx much longer to worry about it anyway. I just wondered.

wrote email to department of labor - zany

[ In Reply To ..]
I read on the website of the Department of Labor that the law was that overtime must be paid at no less than time and a half. I wrote an email to them and have been promised an email back within 3 days. We shall see...

OT pay - gonesoon

[ In Reply To ..]
Good luck. My sister went to board of labor a few years back because the clinic she worked didn't pay her OT for 50 hours of work per week (she was being paid by line) that she was expected to put in, and they wouldn't touch it because health care had "special" rules.

got an answer back - zany

[ In Reply To ..]
Very fast answer from the department of labor as follows:

Thank you for contacting the U.S. Department of Labor National Contact Center.

Employees can be paid in a variety of ways including a salary, hourly, piece rate, or commission basis. There is no requirement under the Fair Labor Standards Act (FLSA) that an employee be paid in a certain manner. While earnings may be determined in a variety of ways, employees must earn at least the current federal minimum wage of $7.25 per hour and be paid no less than one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

There are additional issues relating to being paid on a piece rate or commission basis. The Wage and Hour Division (WHD) enforces these regulations and provides additional information on the FLSA.

The office to best answer your questions relating to piece rate is the Atlanta GA - WHD - District Office. You may contact this office at (404) 893-4600 or please visit the WHD website at www.dol.gov/whd for additional information. Please be advised that the Atlanta GA - WHD - District Office is experiencing technical difficulties with their phone system. I will need to capture your contact information in order to forward it to that office.

In order to further assist you, we will need your contact information such as name, address and telephone number. Please do not include personal information such as your social security number.

Upon receipt of this information, we will forward your request to the appropriate US Department of Labor personnel for further review and resolution.

If you need any additional information on our services please feel free to contact us via telephone at 1-866-4-US-WAGE (1-866-487-9243).

Thank you,

The U.S. Department of Labor National Contact Center

We would like to hear from you! Please click or copy and paste the following link into your browser to provide feedback on your email experience:

no overtime - SadMT

[ In Reply To ..]
Just flat out do not work overtime. I was paid for my bonus lines on this check that came today, but I will not do bonus lines anymore (probably won't be offered anyway on my account). It is not worth it to me to work overtime for them when I could be with my family.

Agree with SadMT - Just do not work OT anymore

[ In Reply To ..]
Refuse to do it, plain and simple. The bad thing is, most of us aren't even getting 40 hours a week, so when they are begging people to hop on and work, we're really only working to bring our hours up to 40 and that's it.

I'm outta here in a couple of weeks anyway, but for those of you who choose to stay or have no other options - I would refuse working for OT because it's not worth the extra time that you put in. Of course, there's going to be some MTs out there who will go ahead and work "bonus" - and THOSE are the MTs who are dragging our jobs into the dirt. Shame on those of you who do it.

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