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KS OT Case in Texas: MTSO Has To Pay - MTmt

Posted: Nov 11, 2009

There's a post buried below regarding overtime and a case lost by Keystrokes in Texas. A KS poster (probably the owner) states "It is a lie". It's not a lie. Here's the publicly accessible truth.

The link for the original charges is listed below this post. The Final Judgment 6/19/09 is below and states that all Keystrokes employees must be informed. These files are open to the public to view.

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FINAL JUDGMENT – Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

CHARMAINE CAMPLIN, individually and on behalf of similarly situated individuals, Plaintiff Civil No. 4:09cv111 -v- ECF

Defendants: KEYSTROKES TRANSCRIPTION SERVICE, INC., LEE TKACHUK, JEFF TKACHUK, PHIL BINTER, KARYN BINTER,

FINAL JUDGMENT

On this day came to be heard Plaintiff’s Motion for Default Judgment. The Motion is granted for good cause and in the interest of justice. The Court finds good cause to award economic damages in the amount of $47,373.44, liquidated damages in the amount of $47,373.44, and reasonable attorney fees in the amount of $3,675; for a sum total of $98,421.88.

It is ORDERED that a default is entered in the record of this case.

It is ORDERED, ADJUDGED, and DECREED that Plaintiff Charmaine Camplin recover from the Defendants, Keystrokes Transcription Service, Inc., Lee Tkachuk, Jeff Tkachuk, and Karyn Binter, jointly and severally, the amount of $98,421.88.

Lien registered June 19, 2009

Case 4:09-cv-00111-RAS Document 18 Filed 05/11/2009 Page 1 of 2

good info .... thanks - N/M

[ In Reply To ..]
N/M

Uhmmm.... - this is not really good a sign

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I am glad someone took a stand! :)

Thank you, thank you, thank you!! - wish I could laugh

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Wonderful news! Wonder if the KS employees are being notified?? It's been 5 months, and as of 2 months ago they were not notified.

And to think I was considering applying with them! -nm - Eeek!

[ In Reply To ..]
nm

Interesting, especially the reply by the KS MT...Thanks! - nm

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zzzzzzzz

Which reply is that? - Where are all the KS MTs?

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Are there no KS cheerleaders left in this bunch?

LOL

It's down towards the middle of the page, tried to put lind inside - see link

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http://forum.mtstars.com/160524.html

Were any KS employees notified at all?? - wish I could laugh

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no?

Oh yeah I see now! - KSMT is very quiet on this one though.

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I'm glad for this MT that she got her money! God Bless her!

it's in the post 26 stars down from this post. - n/m

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n/m

I just googled company names and lawsuit - MT4AcesNV

[ In Reply To ..]
and came up with some interesting articles. The KS lawsuit is listed here, but there is also a lawsuit against a doctor who called female employees names. I tried to post the link below to Courthouse News from March 2009.

"Class-action complaints alleging Labor Code violations have been filed against these defendants: Champion Exposition Services of Northern California, Iris Financial Services, EBusinessware and Mascon Global Limited in San Francisco Superior Court; Keystrokes Transcription Service in Federal Court in Sherman, Texas; Executive Coach & Carriage in Nevada Federal Court; Tennessee Valley Authority in Paducah Federal Court (Tenn.); and Bottling Group dba PBG in Orange County Superior Court."

WOW!! That is a LOT of money! Was it for - regular wages or un-paid overtime?

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Time for me to start keeping detailed records of my TRUE hours worked!

The original charges say overtime - MT2twins

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pay. If you click the link and read the six pages of original charges it's about overtime pay. I called a labor lawyer today and he says we better get moving before they go chapter 11.

What do you mean before they go chapter 11? - mtmtmt

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Will the company go under now because of what they have to pay out? Just wondering because I work for them. Thanks for any info.

$98k would not put them in Bankruptcy. They are a big company. sm - KSMT2

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This is one employee being vindictive, same one as in the past. A judgement would have a link; it does not, only the original, which leads me to believe that the poster below was correct and itw as dropped.

Why did she wait until now to post if it happened in June????

No, but $98K x 600 MTs would - MT20YRS

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Any MT who has worked for KS since 2003 can file suit.

I am FT with KS and do not work over 40 hours. SM - Happy KS employee

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I have been there 6 years, as an IC for 3 and an employee for the last 3. I work 40 hours or less. If I am asked to work a weekend or extra, they pay me "holiday pay" which is 1 1/2 times my regular rate. I have been asking others on my account and a few on other accounts and they have the same thing.

They are not denying that it was filed, which was all the posted link shows. They are saying there was no judgement and no court order for anything.

Lots of lawsuits are filed in all kinds of cases and most are dismissed. Filing means nothing.

Why do you want to be so nasty to the only company that really cares about its employees? Many, many of us are happy there and plan to retire from there. If you weren't, move on. There are other companies that might be better for you.

ALL PAGES OR JUDGMENT RULING-NOT DISMISSED - MT20YRS

[ In Reply To ..]
Full Judgment ruling against Keystrokes. The KS posters are lieing; this case was NOT dismissed. They lost.

http://www.quickfilepost.com/download.do?get=bc003d1b5f4d40090e260c036f4a0aa0

As you will read, " final, APPEALABLE" which it was. sm - KSMT

[ In Reply To ..]
The date is May for this. The OP said June. Why would it be brought up NOW, 6 months later? This is a legal matter that should be kept between the parties. Those listed do not even own the company, only one does. There would NEVER be a judgement against EMPLOYEES of a company.

This is getting out of hand.

Out of hand because of KS lies. Unreal. - MTSunnyCA

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First you deny it. Say it's a lie. Now you're trying to talk in circles to confuse the people on this board.

The proof is there. Keystrokes is caught with their pants down on this one.

I have spoken to many coworkers who will be filing also.

You work there now? You obviously are not happy or you would not sm - Curious

[ In Reply To ..]
want to see them destroyed by fighting court cases. Innocent people and companies are brought to bankrupcy fighting court battles, just to prove their innocence.

Many co-workers who will be filing? Why work for a company that you obviously think lies? If you think they treat you wrong, why would you put up with it? Go to another company that you think is better.

I personally have had a great experience and do not want to see anything happen to the company.

For the record, I also overtime, called incentive pay, which is time and a half in terms of line rate. Don't you? Do you work more than 40 hours a week? Do they know this or do you do it to make more money? If they ask you to work more than 40, you get paid for it.

There are no appeals filed to date on that case - MTmt

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Texas has up-to-date filings online. There are no appeals filed to this case. Keystrokes lost. Period. Why were they so silent for most of the day after this was first posted? Because the owner was screaming for damage control.

this isn't about you. - NM

[ In Reply To ..]
NM

VERY happy working for KS - Another Happy KS Employee

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I have been with KS for almost 6 months. I love it here - very kind people and yes, they do pay "holiday pay" if you are asked to work on an unscheduled day. ALL companies have a lawsuit at one point or another for WHATEVER reason. Don't judge this company by THIS.

Why do you say this employee is being vindictive? - see msg

[ In Reply To ..]
I don't understand why you are calling this employee "vindictive."

Since when did it become vindictive to simply want to be paid for the overtime that you have worked?

Because I know who she is. I worked with her at KS and at another company. sm - KSMT2

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She was always trying to find something wrong with every account, with every person. This all started when another person who left KS tried to get others riled up. Most laughed her off but this one did not as she is very bitter.

Her name is on the documents. Ask her what KS did for her, when they helped her pay her bills without working, when they tried to find an account that she would like, when they bent over backwards for her. I know because I was a lead at the time on a few of those accounts, and the owner personally tried to help this woman many, many times, over the 2 or 3 times she worked for the company. This is what happens when you try to be nice; it comes back to bite you. This is why the owner does not step in any more, because people turn ugly.

I understand what you're saying.... - BUT...

[ In Reply To ..]
Whatever else has happened in this past, with either this employee, or with a different one...

I still ask, why do you call a person, any person, "vindictive" because they want to be paid for overtime that they worked?

If you work overtime, you are entitled to receive overtime pay. And with the judgement against KS, I would have to say that the courts agreed.

You work overtime, you get paid overtime. That is not vindictive.

BUT ... she did not work OT. The courts did NOT agree. sm - KSMT2

[ In Reply To ..]
She received money for time NOT working, much less being not paid for OT. She is vindictive for other reasons, and this was something she thought she could win. Anyone can file a complaint and lawsuit. Unfortunately, the only ones who often benefit are the lawyers. I am sure it cost Keystrokes a pretty penny to fight and appeal this, but there are people who will sue anyone for everything.

Yes, if you work overtime, you should receive overtime pay.

We DO get paid OT at Keystrokes if asked to work it.

Keystrokes is a good company to work for. They are fair and pay well. They take care of their employees. I hate to see them be slammed like this as it gives people the wrong impression. Believe me, there would not be so many long-time employees if they were out to rip people off.

What this DID do was take away the opportunity for those that are slower to work extra because management has cut out people being able to work extra without approved OT. I used to like being able to work extra if I wanted extra lines, now I have to wait for them to ask me. It hurt me, in that now I work a second job for LESS per line to be able to work extra. I wish I could work one job but 3 kids and a deadbeat ex-husband make it necessary to work more.

This whole thing really has gotten out of hand and should have stayed between the person and Keystrokes. I wonder what happened to make her bring it up six months later?

The courts disagree with you - She worked OT as did 100s of others - MTmt

[ In Reply To ..]
Judgment states overtime was worked, employer willfully failed to compensate, ruled in favor of MT. I was a lead there for years and we begged for OT/holiday pay for extra hours. MTs were threatened they would lose their jobs if they didn't work the extra time at regular pay.

And that's a shame, - Another KS MT

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because the owner is a really great person to work with. So many vindictive ex-KS employees who got fired for not making the cut in one way or the other go on this board and post rubbish.

I have been with KS for 3 years, both HIM and rad, and have been treated better by them than any other company.

lawsuit - answering your question as the person who did it

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I did not post about this lawsuit. Actually, it is none of your business. You do not know the circumstances and to "spout I am vindictive and malicious" just says a lot about you. I will not give the details of why I did this but it was an honest lawsuit. I was shocked when I saw it posted and I know why it was (it happens all the time). This is not the first company I have worked for that did not pay overtime but the fact it was granted was not on "my word" but the facts. The facts of my leaving Keystrokes caused me great financial hardship and there just comes a time when you say no more. I have been in this business for 19 years and have seen it financially deteriorate for us. Mine is not the only lawsuit that has been filed and had to pay transcriptionists, there have been many. I did not post the lawsuit - I have never even gotten on this site and said anything bad about Keystrokes after I left. So, the only thing I can say to you is (the Keystroke responder) is mind your own business.

If you did not, someone did you a disservice by doing it for you. sm - what did this accomplish?

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Why would someone post this without your knowledge? How did they know about it? There are some ugly people in the world.

As another Keystrokes' employee, I agree with you that no one should have been involved but you and them.

These people doing this, on both sides today, are making everyone look bad.

I also worked with you (I saw your name) and was upset to see what I thought were your posts. I am sure that LT will be glad that it was not you either, as she always has spoken highly of you. I will make sure to email her, although I do know that she also stays away from here.

Everyone needs to stop this; it's not doing anyone any good.

Bravo for you, CC, for speaking up. I hope things are better for you.

Are you currently employed with KS? sm - cabsmom

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I wonder what would be the statue of limitations for filing a suit against them? I left them in May 2008, so I wonder if I could file for all the unpaid OT I worked.

WERE ANY KS MTS NOTIFIED OF THIS?? - MT20YRs

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DID ANY OTHER KS MTS RECEIVE LETTERS OR EMAILS ABOUT THIS?

I have never received anything from the company. No letter and no email. - mtmtmt

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This is the first time I have even heard of it here on this site.

Why would we? It was a private suit. - nm

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nm

It wasn't private. Read it again. KS is supposed - MT20YRS

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to notify past and present employees as part of the original charge.

If the charge was dismissed, they would not have to. sm - NotACheerleader

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If it were true, they would have been legally bound to do so back then, not months later. This is obviously not true.

Why does everyone always want to believe the worst on here?

I work for KS and am very happy. If they ask me to work over my 40 hours, I get 1-1/2 times my rate and have for the 18 months I've worked there.

Have someone read it to you: NOT DISMISSED - MT20YRS

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Apparently, you can't read. Case was NOT dismissed. Have someone read you the Judgment Order posted at the top.

Repost the URL so everyone can see without signing up for anything. - Moderator

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Otherwise, we will remove this because it is not readily accessible.

Moderator

There's nothing to sign up for. To view the - MT20YRS

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court papers just click on the link or cut and paste into address window

http://www.pdfescape.com/pdf/open/?auto=5&aurl=shrd142664d4

URL...sign up - me again

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Maybe you had better try opening the link from your own posting, because in order to view it, you have to *register* with PDF company first. that is what the moderator is talking about. I would like to view this, too, but I refuse to sign up for some off the wall application and then get a virus or something. It happens to easily as it is.

View KS Court Documents - MT20YRS

[ In Reply To ..]
Here's another site. Click the "Download" button. Don't have to download; click 'Open' and PDF file will open to view

http://www.quickfilepost.com/download.do?get=ddf12db43b7a5e441d5eb4ed5ac2505f

View KS Judgement Order - MT20YRS

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Here is a link to the final judgment in June 2009 against Keystrokes.

Nothing to register for. Click "Download" button on screen, then click "Open" if you don't want to download.

http://www.quickfilepost.com/download.do?get=bc003d1b5f4d40090e260c036f4a0aa0

Full judgement site and other KS cases - MTmt

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There is a publicly accessible court docket system called PACER. Anyone can view online current and past civil and criminal cases. You search by state. There are more KS cases pending.

If KS failed to notify their employees, - wish I could laugh

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are they in violation of the order???

View KS Court Docs and Judgment Settlement - MT20YRS

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Original charges March 2009:

http://www.quickfilepost.com/download.do?get=ddf12db43b7a5e441d5eb4ed5ac2505f

Final judgment against KS June 2009:

http://www.quickfilepost.com/download.do?get=bc003d1b5f4d40090e260c036f4a0aa0

MTs have been posting about Keystrokes... - MT

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not paying overtime for years. Most often, the thread is either locked or deleted. It is ALWAYS KSMT who has something rude to say about it, either the MT is vindictive, couldn't keep up with their "standards," or whatever the excuse may be. The excuses are getting old.

There are MANY MANY other companies...sm - me again

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who do not pay for overtime work. I realize this is for *employees*, but ICs work many hours over 40 per week, myself included, and we are not compensated for that either. Where I work, it is *expected* that we work seven days a week to cover some accounts that are 24/7. If we choose not to work on a saturday or sunday, for instance, we are bombarded with e-mails such as *we know you are just sitting there drinking your morning coffee or reading your newspaper. Sign on and help clear out this backlog of TAT*. Now that is rude!! There is no compensation for that, even if the transcriptionist is an employee. Keystrokes is only one company. How about outing all of the rest of them who do not pay OT and how about filing suit against the whole of the industry! This complainant just got lucky on this one, and even though I do not work for Keystrokes, I still consider them to be one of the best. Cheap shots like this girl took will not tarnish their stellar reputation. Go after the others now, and stop whining about Keystrokes! Let's see a show of hands for all the OTHER companies who DO pay overtime. Name names, if yours does.

name the ones that do not. - n/m

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n/m

I asked first...name the ones that DO - me again

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as far as I am concerned, there are very FEW companies that actually pay for overtime. It is a much shorter list to state who does, so pony up or shut up. Who pays for OT? Give me 10 names...otherwise, leave Keystrokes alone and find something else to complain about.

hmm... smells like KS management nm - MTSunnyCA

[ In Reply To ..]
nm

nope. not management, not even an employee - me again

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But perhaps would like to be. so you are wrong, again, but why will no one answer that THEIR companies pay OT??? perhaps because none do???

Because this case is about KS, a company that has to finally pony up - MTmt

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and it is invigorating to finally see an MT stand up for herself. Most are too afraid of losing their jobs. They complain here, but do nothing about the illegalities. This one did. I say "hoorah" for her.

I agree with the MT standing up for herself... - me again

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However, there are many other companies that do not pay overtime either, and even though most of us are afraid of losing their jobs if we say anything, this one made her point. but that does not mean that Keystrokes is a *bad* company just because it did not pay overtime. There are much worse companies out there that do not pay either. It's just that nobody has sued them for it. That was my point...not that the MT did anything wrong in choosing to bring a lawsuit. but now start on the rest of them, as well. don't stop there. Why choose to degredate Keystrokes when they are/were no different than any other company and make them sound so terrible for doing what all the other companies are doing, as well. bad mouth the others, as well, not just Keystrokes.

Precyse does - No msg.

[ In Reply To ..]
/

again, give the names of the Many Many, as you say, companies that do not. - nm

[ In Reply To ..]
nm

you soud like someone I know...sm - me again

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is your name melinda, by any chance??

no, but it does start with an M; - maybe you have psychic ability. nm

[ In Reply To ..]
nm

you never know....woooooo.... - me again

[ In Reply To ..]
nm

Wow .. I have tons of emails they sent me asking me to work extra on my day off, which I did. - LTMT

[ In Reply To ..]
I guess I wasn't smart enough to sue. Oh well ......

You'd have gotten no OT pay if you worked for them 5 yrs ago - MTmt

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Which member of management or lead MT are you? Or are you the CEO because everyone knows she is on here 24/7.

..or if you worked for them 3 years ago. nm - MTSunnyCA

[ In Reply To ..]
nm

Now you tell me... - New KS rad MT

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Had I known this company did not pay for spaces, required a line count to get Insurance and FT status, did not offer PAID training, gave new MTs accounts which caused them to work OT because audio/voice was less than optimal, I'd have never taken the job.

It is news like this that is absolutely necessary to know to make an informed decision. Now, I have to start all over again, and probably gave up 2 positions that would have compensated me fairly enough that I'd now not be three months late in my mortgage.

The happy MTs are not the new MTS, that I am certain of. We all know why...

If anyone has anything to offer a rad with tons of experience, grade QA scores and who never misses, covered holidays and is a team player, please e-mail me. I am desperate.

Post your message at the top if you want help - MTmt

[ In Reply To ..]
because no one will read it down here. Now they're not paying for spaces? You need to get out now; perhaps your other two options are still open. I wish you the best of luck.

ABSOLUTELY NOT TRUE. They DO pay for spaces on every single account. - Long-Time KS

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Call the office. They absolutely do pay for spaces on every single account. I had a discussion with a very high-up person at the company a few days ago about another company that does not. If you think your account does not, you are wrong. Email if you would like.

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