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Update on "Disappointed in new job" - meezer


Posted: Jun 12, 2014

I’m posting this on the company board because for me, it is company specific, but it could go on the main board.  I cannot name the company.  Here is the link for my original post if you want the history: http://forum.mtstars.com/548168.html

So my last paycheck was $202 for 2 weeks, which is approximately $2.52/hr for 80 hrs.  I am FT, IC, 3rd shift.   

I’ve had low paychecks before with other companies, but few and far between and not that low!  With this new job, it’s going to be 3 pays in a row.  The work has just dried up (for me).  I suspect there is work for the senior MTs.  I know the company uses 2 different platforms and I can see other MTs signed into our “communication platform” so I assume THEY have work.  I do not.  I started in late March.

So I’ve been researching the Transcend lawsuit (because I have no work to do) and reading the Nuance forum on this site.  Basically Transcend is getting sued over not paying at least an hourly minimum wage (only paying for “hands on the keyboard” time).  If I understand it correctly, Nuance is covering their corporate butts by paying MUP (make-up pay) if an MTs hourly average does not meet the minimum wage for the MTs state of residence. 

So I have a bunch of questions:
Isn’t my current employer breaking the same labor laws as Transcend?
Don’t most MTSOs follow this same practice: “We will overstaff to guarantee we meet our contracted TAT; on the other hand, we don’t care if MTs don’t have enough work to make a sufficient paycheck.” 
Aren’t they putting themselves at risk for legal action by following this practice?
What can WE do about this? 
Do we have to hire legal representation so that we can achieve a fair wage for ourselves?
Why isn’t the U.S. Dept of Labor doing something about this? 

I’m going to research more.  I’m not sue-happy by any means, but these labor laws are in place for a reason and I feel we are all getting screwed here. 

What are your thoughts, and please, if you are NOT an MT, I really don’t want to hear from you… yes, I’m referring to you, “Ms. You Sound Surprised.”

"There are 8 million stores in the naked city, this is just one of them." - anon

[ In Reply To ..]
We have been kicked to the curb and big time. There are those lawyers who are covering that Transend case and it is a "class action" case. You may want to email them. I did like maybe 2 years ago just in case they needed any other information. They said they would contact if they did, but I would really think they can see by now all the injustices going on. This is also a monopoly in which Nuance has taken over and subcontracts the work out and gets a kickback also. Big business that has never been what healthCARE should be about. We all feel your pain and for years now. Only thing is to file for FAFSA because our jobs have been taken over by technology and foreign trade. Have to go back to school and figure out what we are going to be now that we are old. Hopefully the greed of hospital CEOs and doctors will be dealt with by Karma. We are all suffering horribly.

I agree with you about getting a different job - BUT

[ In Reply To ..]
You guys need to sue. ALL of you. I am not currently a transcriptionist, although I used to be. I never worked for one of these greedy nationals, but I did use to waitress. I earned tips and a small hourly wage. There were many times that I had no customers. I was still paid my hourly wage. How is your situation any different? This is a labor violation. Sue. Each and every one of you. Make them listen.

I agree completely.... - meezer

[ In Reply To ..]
I suffered burn-out a couple years ago and actually took a job in a liquor store. So take that position as a liquor store clerk; it would be comparable to my boss telling me to clock out if there are no customers, but stay in the store and wait for customers to come in. If they come in, you can clock in, but if no customers come in, you won't get paid for your time being there. Totally absurd if you think about in those terms.

If you are an IC as your inital post says then - no labor laws apply to you

[ In Reply To ..]
Sorry, but the sad fact is you are not an employee, you are a contractor.

As to those who have employee status and the rest of those questions, I believe that because we are considered "piece work" employees, that some of the laws are different. I'm not sure and I don't think it's fair, so more research would be necessary.

I didn't think about that, but check out these links... - meezer

[ In Reply To ..]

http://www.dol.gov/elaws/esa/flsa/scope/ee14.asp


According to the U.S. Small Bus Adm definitions, sounds to me like ICs definitely are employees.  This makes things very interesting!


http://www.sba.gov/content/hire-contractor-or-employee


http://www.eeoc.gov/policy/docs/threshold.html#2-III-A

You are misclassified as an IC. - Should be an employee.

[ In Reply To ..]
Companies cannot force their ICs to sit and wait for work. Also, as an IC, you should have multiple companies to work for so you aren't having to wait around for work. If you are required to sit at your computer for your current company and not able to accept work from other sources, you should be classified as an employee. This company is taking advantage of you and absolutely should be reported.

First Step. Call your state UE office. - SM

[ In Reply To ..]
If you have not already done so, this is the first step. If you don't qualify, go from there. As an IC, I do not know what the outcome will be for you, but possibly you are underemployed. I have been through this and in my state I was told that I needed to keep track of the hours I was scheduled to work and the time that I was not provided work. I did this by clocking out with the message "no work available." You should do this anyway for your records, if you aren't already keeping track. Jot it down and keep it. I found a way to get out from under this employer and found another job before I needed to officially file an unemployment claim, so I cannot tell you what happened, nor do I know what would have happened, but I think it's a good start for your. Good luck. I am very sorry this has happened to you and what this profession has become.


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