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Fair Standards Labor Act - REQUIRES OT PAY


Posted: Oct 28, 2012

The U.S. Dept. of Labor requires time and a half pay for all hours over 40 worked in a work week.  (I think only if employee status.)  We are considered piecemeal workers and indeed are eligible for OT pay. 

"All time spent by an employee performing activities which are job-related is potentially "work time." This includes the employee's regular "on the clock" work time, plus "off the clock" time spent performing job-related activities (which benefit the employer). Potential work is actual work if the employer "suffered or permitted" the employee to do it. An employer suffers or permits work if it knows the employee is doing the work (or could have found out by looking), and lets the employee do it.

With only a few exceptions, all time an employee is required to be at the premises of the employer is work time. All regular shift time is work time. This includes "breaks" (if there are breaks), and "nonproductive" time (for example, time spent by a receptionist reading a novel while waiting for the phone to ring). In addition, all time spent by an employee performing work-related activities that the employer suffers or permits is work time, whether on premises or not and whether "required" or not. "  http://www.flsa.com/overtime.html

This includes time reading emails, checking QA send backs, BREAKS. 

This is to be paid at time and a half of your calculated average pay. 

It is time we start including OT hours on our invoices. 

You might want to calculate your average hourly rate over a period of time and go by that. 

Here is the law  http://www.dol.gov/dol/topic/wages/overtimepay.htm



On the premises - Anonymous

[ In Reply To ..]
"...all time spent on the premises." You are not on the employer's premises, you are at home. Does that mean they would have to pay you 24/7? Generally, employers have to approve overtime. When I worked on site straight production, I was not paid for anything other than the lines I produced. By law, you are permitted two 15-minute breaks and a 30-minute lunch break, but the lunch break can be on your time. For instance, at my on site job, we work an 8-1/2 or 9-hour day because we don't get paid for our lunch break. The 15 minute breaks are not mandatory, not everyone takes them if we are really busy. You will not get paid overtime for taking a break. It is not necessary to go into overtime to read your e-mail, just count it as part of your workday. If a receptionist is reading a book on the job, I guarantee her employer will find something else for her to do to keep her occupied, that is not permitted where I work. No employer wants to pay people for leisure time. Asking people to falsify their time sheets is definitely a FSLA violation, and any employer doing that needs to be reported. I definitely understand where you are going with this but I'm guessing that if there are loopholes the MTSOs will find them. All I can say is document everything and good luck.

not all states pay for the two 15 minute breaks - my state does not

[ In Reply To ..]
I dont get any paid breaks at all. If I want a break, I have to punch out and it is not paid.

what about downtime? - anon

[ In Reply To ..]
If this is the case, why are we not compensated for downtime, waiting for work to come in? I always felt like I was "on the clock" waiting for jobs to trickle in, but my company does not agree. Technically, I only get paid when my fingers are punching the keyboard IN A REPORT. Anything, and I mean anything other than that loses me money, including breaks, lunch, reading emails, reviewing my QA, sending messages to QA, writing/sending emails, reviewing account specifics, and various other clerical duties that are becoming more and more time consuming.

and also... - anon

[ In Reply To ..]
I want to add that getting paid with a line rate has become a ripoff for the MT. I worked at a car dealership ages ago as a receptionist. If there was no paperwork to do and the phone wasn't ringing, I sat and read a book or did homework. Still got hourly pay because I was "manning my station," available when there was something to do, and there was not always something to do. Piecework pay is totally different.

I have never gotten time and a half pay for working OT as an MT. It is simply extra lines to get paid for. Only exception is holiday pay. Is anyone getting paid time and a half for OT as MT??

We should be paid for sitting at our computers waiting for work. - Sick and tired

[ In Reply To ..]
I don't think its right to make MTs sit at their computers using their unpaid time to constantly check for work. I don't go extended periods of time without work so I can go relax or read a book. I spend that time at my computer, waiting. I may check an email but that is it, I don't have time to go and take an hour break, then I will be working an hour late. I want the dictations in my scheduled hours, not sit their all day and night at my computer hoping to get a halfway decent line count in.
Unfortunately, you cannot make doctors dictate at a certain time - anon
[ In Reply To ..]
I wish you could make doctors dictate at certain times, but......they do whatever they want to.


Several years ago, when I was doing mostly office work, I was given a 3-day TAT, and they were still using tapes. Now, I do mostly acute care with same day TAT and some office work, but because it is called in, everybody wants their work right then and there. I get dictation called in as late as 2 a.m. and can sit for periods of time on certain days waiting for work also, so I now sleep in on those days. I feel your frustration....

The problem is... - Angie

[ In Reply To ..]
MTSOs don't seem to care that what they are doing is illegal, at least they don't care until they are sued. Until that happens, they will just fire you for punching in to train, answer email, do their bookeeping, waiting for work, etc., etc.

My last MTSO, Meridian HC, - In a better place now

[ In Reply To ..]
said we could work unlimited hours as long as we only put down 40 hours per week on our time sheet. They never paid me time a half once. Then when they started the pay cuts 2 years ago and started begging for people to put in extra hours to help here and there, I was like, no way... done with that. I'm sure Meridian isnt the only one who pulls that either.

no they are not the only one. but solution is to hire more.. - rock and hard place. NM

[ In Reply To ..]
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