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


MTSO and the minimum wage - Snow Bunny


Posted: Jun 25, 2012

I decided to drive to the Labor Department and ask them directly about this issue, with respect to the fact that MTs who work as employees are paid "per line." The guy said, "It doesn't matter what type of work you do, by federal law you must be paid mininum wage." --- Even if the agreement is for "per line," it must equal mininum wage. So folks ... start keeping very strict records of when you're working and ONLY when you're working. That means, if you get up to go to the bathroom or make a phone call, you're not working so you have to "sign out" (That only applies to "salaried employees," those who make a yearly salary). Do this every day that you work your schedule for an entire payroll. Don't worry about how many lines you did ... just focus on the hours you actually worked (proofing, typing, researching, etc). You do this for the full length of the payroll. It's when you get paid, that you do the math. Let's say from June 15 through June 30 you worked 80 hours, and this time frame will be reflected in your July 15 paycheck. When you are paid on July 15 you divide the total number of hours you worked from June 15 through June 30 into the total gross earnings of your July 15 paycheck. If you earned at least minimum wage ($7.25/hour), then all's well. However, if you didn't you can file a complaint through this link: http://www.dol.gov/whd/ And one more item ... overtime after 40 hours in a week equals 1-1/2 tmes an employee's regular rate of pay. That's also federal law.

IC, but good to know. Power to the MTs! - nm

[ In Reply To ..]
x

not only salaried employees can use bathroom - geez louise

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Employees at Walmart get to use the bathroom without punching out and they are not salaried, they are hourly paid.

exactly. I wouldn't sign in and out to get a cup of coffee, - sm

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any company I worked in the office for, allowed us to go to the bathroom and to get a drink, I agree, geez louise, this is an extreme to clock in and out for these reasons.

Minimum wage, etc. - Wake up call

[ In Reply To ..]
By law, employees are permitted two 15 minute breaks per 8 hour shift, your lunch is usually on your own time. Certainly, no employer expects you to clock out to go to the bathroom. Also, if the minimum wage in your state is higher than the federal minimum wage (for example, Washington State is $9.00 an hour), by law you are entitled to the higher rate. You act as if we're supposed to be thrilled to get paid $7.25 an hour. If an on site employer offered that for an MT job, most of us would laugh in their face, no one can live on that. In my opinion, any time you are compensated at an hourly rate, it should be based on your highest production rate. If you have an attorney negotiating a class action settlement, that should be one of the terms. You all talk about how much your skills are worth and then are willing to settle for $7.25 an hour, I don't get it.
Don't get it? I get it... - anon
[ In Reply To ..]
While we all feel our skills should be more highly compensated, for those MTs finding themselves in situations they do not have control over limiting their ability to earn at least the federal minimum wage consistently, in such situations they are merely looking for fair treatment under the law. It is obvious MTSOs have learned to manipulate work flow to their advantage by ignoring labor laws in the hopes the fear tactic of being unemployed during the worst recession and lengthiest (I say it's a depression--not recession, but that's a whole other subject) since the Great Depression will keep their hands on the keyboard and their mouths shut, which is sweatshop labor.

The math is simple. Wouldn't you rather receive $7.25 an hour than $5.00 an hour?

This situation may not be impacting all MTs, but it is prevalent in our field and we should all be aware of changes. I have never worked as an employee in MT. I am an independent contractor, but I am very concerned about the direction this industry is taking. In my opinion, breaking federal labor laws for US workers is significantly more degrading than outsourcing work outside the USA.

This is my opinion and it's as simple as this: It's the law. We have laws for a reason.
Now I get it - Wake up call
[ In Reply To ..]
Thanks - I've always had an on-site employer and am currently paid hourly. When they converted from straight production to an hourly wage, it was based on what we earned on production, which I think is a fair way to do things. We never run out of work so that is not an issue, when there's down time because of technical issues (also extremely rare) we use our PTO or make up our time. I wouldn't tolerate working for $5.00 an hour and I wouldn't tolerate working for $7.25 an hour, I'd quit. I know many of you think you have no choice, but there are other things you can do. Making them abide by the minimum wage law is an excellent goal, but if they have ways around it now, they'll find other methods to avoid paying it. Corporate pockets are deep, and they've probably had lawsuits filed against them before,
Minimum wage - MT
[ In Reply To ..]
I saw two ads tonight on a different site...both were for in-house hospital jobs. One was full-time for $14,000 a year and the other was full-time starting between $9 and $11 an hour. I would MUCH rather work on production!

Bad side effects, unfortunately. - NonEmouse

[ In Reply To ..]
Yeah, I'm SUPPOSED to get min wage...never did get it when I first went to employee status, despite numerous emails to supervisors/managers/payroll etc. It was a tiny amount so I never pursued it more than that, not to mention they really didn't take kindly that I wanted to get paid more than what I produced at that time (company was in transition so lots of IT problems, not my fault, I would assume quite a few MTs were trying to claim min wage then).

Since then, I changed the way I "clock" my hours. I just take whatever # of lines I made times my rate, divided by how much I want to be paid min per hour, then log that many hours on my timesheet (i.e. 1800 lines * 0.07 / $15 = 8.4 hrs). Sometimes I work a lot more hours than I log, sometimes less, sometimes it's right on. This way, it keeps my supervisors/mgrs off my back about how many hours I'm working and going under/over the weekly limit. Sometimes I adjust the hourly rate I want to make so that it fits into my weekly hours allowed (I'm part-time). This also helps me know what I'll be paid for any sick or vacation time I take, as that's based on what I make in a preceding pay period.

I know it's not fair, so hate me all you want, but that's what I do to keep my job and I hate that most of the time I'm logging less hours than I actually work, but I figure when sick and vacation days are in play, it makes up for those "lost" hours.


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