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

NJA - legal action - nini

Posted: Aug 05, 2013

Has anyone spoken to a lawyer about NJA and not being paid for that time, or being forced to use our PTO, even though it's not our request to have a day off? Just wondering, because I'm thinking of speaking to a lawyer, can't imagine this is legal.

i'm sure they would say, well if you don't like it, quit - x

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x

legal action - nini

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It's not about liking it, continuing with the company or quitting, it's a question about being legal or not.

Legal action - Me

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Doesnt hurt to ask.

quitting is what they want you to do. don't fall for it - pjj

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You quit, no ue. They make out. DON'T EVER QUIT, let them fire you.

See link for old post regarding this - Helper Monkey

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http://forum.mtstars.com/360316.html

Thank you for this!! - nini

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I will definitely get a hold of an employment law lawyer. This was very helpful! Thanks again!

FYI - you can't be forced to take PTO. You have a choice of - SM

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3 things. Make up the time later, take PTO, or be released for the rest of the day without pay. If your TSM is forcing you to take PTO she shouldn't be and you should take action. Good luck.

No pay - ME

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I can't for the life of me understand why they would care if you too off without pay if there is no work...it only benefits them.

If you are a FT employee with a set schedule - sm

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and you are available to work during that set schedule and your company is failing to provide you with work (their fault), they should be required to pay at least min. wage (or more depending on what they pay out as PTO or whatever the min. required line count is per day divided by 8 hours) for your time.

This is the issue that MTSOs have been getting away with for years when it comes to NJA.

When we are hired as FT employees, we are required to meet a minimum goal (usually 1200/day ST). That is what is considered our base pay. Therefore, when hired, if your rate is 8 cpl, the minimum amount you should be paid is $12/hr ($96/day). If there is plenty of work available and we still do not reach that 1200 minimum, it's a reason for termination. We are also required to set aside our time according to the schedule agreed upon at hire, and the company should provide enough work to all their employees during those hours for each FTer to reach that 1200 goal. If we are late for work repetitively, it's reason for termination. Anything above that 1200 goal is considered tiered incentive (and we used to make a higher line rate for every x-amount of lines above that 1200 minimum... remember those days?), and the link posted above explains the tiered incentive vs. production.

If the company is failing to provide work to their employees who are devoting their time according to their set schedule to sit in front of the computer and wait for work, the company should be paying you FOR YOUR TIME.

Companies used to pay for "down time," and I don't think they used to do this because they were being nice guys. Heartland used to pay $14/hr for NJA, and we were required to check the computer every 15 minutes for work.

I think of it this way... would you hire a secretary/front desk person FT and then refuse to pay them for several hours because the phone didn't ring? And then force them to take PTO to make up for it?!? They've been getting away with this because we work remotely from our homes (which saves the company even more money), but that does not mean that our time isn't valuable and that we shouldn't be compensated for being responsible employees. The company is at fault for not providing work, and we shouldn't be penalized by wasting our time and making no money.

If you want to take PTO or UPTO because you want to leave your desk for the rest of the day, that should be an option for the employee and up to the company to approve or deny... but forcing a FTer to take vaca time to cover for the company's lack of providing work is ridiculous and most likely against labor laws (not sure on this but a lawyer would be). Also, if they are forcing you to be available during your schedule, provide no work, and then force you to check back after your set schedule (making your time available to the company extend past 40/week)... they're probably supposed to pay overtime.

If the OP is going to speak with an attorney, I say go for it. What's there to lose really? There's already no work. If my company starts this garbage with NJA before I get out of this line of work, I will speak with one also.

BTW, this post isn't directed to you personally... I just wound up placing it here after reading the thread.

Good luck to all. Remember that your time is important, and you should be compensated for it.

I am thinking with NJA and schedule - sm

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Agree with the poster on the minimum wage,,but in order to say hey I was here provide it. Then you cannot voluntarily say NJA, I'll take leave without pay, PTO, or whatever..You should stay logged on to Docqscribe the entire time and into the time clock to show I WAS here and you didnt provide me work. I'm thinking the voluntary walking away using whatever excuse, is a means for them to say, they weren't on the system, not paying it..Just a thought

Whether or not to take PTO or UPTO should be up to - the employee.

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I don't work for MModal, but this goes for any company.

If we log on for work and there's NJA, it should be up to the employee if/when/how they choose to use their time off which they've earned. If it's a nice day and you'd rather use some PTO while there's NJA, then the employee should be able to contact the company/supervisor and request permission and seek approval for it. Taking PTO to cover NJA is ridiculous. Not being paid for our time due to the company not providing work is ridiculous. Being expected to spend more than 8 hours a day checking the computer for work without being paid overtime is ridiculous.

If the employee does not want to use their earned time off because the company is not providing work, they should be paid for their time according to their schedule at a rate equal to their PTO rate or base (1200/day divided by 8 hourly) rate... at the very least min. wage. It's the company's responsibility to provide work to all employees so they can get their min. line count in. Our responsibility is to show up on time during our schedule and complete our line requirement within 8 hours.

If it came down to it and I did not want to take the PTO, I would stay logged on and check for work repeatedly, keeping a log of every single minute I sat there without work. If this goes on for more than 8 hours to get your min. line count in, I would keep a log of every minute spent past your schedule checking for work... it could count as overtime.

Of course, if you choose to use PTO, you wouldn't do this since you volunteered to take the time and leave your shift early.

Just curious, are MModal employees' benefits dependent upon fufilling your min. line count? In other words, if you don't make your min. for a period of time (due to NJA), you lose them? If so, if anyone is contacting a lawyer, mention this too.

I agree with you. However, - TSM said

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our team would be getting some new accounts in the next couple of weeks so that there should be no NJA issues,and if we continue to have NJA, then we will either have to change our schedules to hours when they need more staffing or else get transferred to a team who needs someone during the hours we prefer to work. I've already done both within the last year and NJA is worse now than it ever has been for me. They are still trying to shift all the responsibility to the MT for NJA and forcing us to change schedules/teams, instead of them being required to provide us work during our normally scheduled hours.

Please tell me how an MTSO is supposed to provide - smh

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you work if the docs aren't dictating? Oh, that's right, they have a crystal ball and can predict the future. No work is NOT your MTSOs fault, it's the facilities fault and really not even theirs. Doc dictate on THEIR timeframe, not yours.

If - they

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weren't sending all the work to India, there would be work. Now they are sending so much to India and cramming the rest of us on minimal accounts. That's why there is no work. Many of us used to have plenty of work on all shifts.

and I would'nt have a problem in the world with that - EXCEPT

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Several years ago, they MADE me against my will commit to a schedule. I take no bennies, I generally worked the same shift and told them I would continue just needed some flexibility. I was told no you must work this schedule. Mind you, I never ducked out, without warning when I was flexible and always had a minumum of 40 hours a week. So you play the game, you take responsibility for your decisions. I would give my PTO back and go flexible again in a second

and that is exactly why in the "good old days"... - anon

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you weren't forced to adhere to a strict schedule and were able to flex as long as you committed to a minimum line count. This system worked. The ones who changed it were the offshoring MTSOs. For 20+ years with my account of 500+ doctors we had a flexible schedule and volunteered for holidays, weekends, and nights (with differential) and there was no problem with TAT. It created loyalty, we loved our boss and company, and also made us feel it was our responsibility to help out and make sure the work got done.

Since, they've gone with an underbidding offshore company who makes their employees adhere to a schedule, are more often out of TAT, and have trouble covering third shift (no differential offered of course) with frequent quality complaints.

Hmmm. Which system worked better and made for happier employees and clients?

uh, you are wrong - the docs are dictating

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but at least 75% of the work is going to India, get it? and you know what? if they want to send it there so bad then fine. They will live to regret it.

we ran out of work at the hospital also - not just Mmodal

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I have run out of work as a cashier at Walmart. it happens.

You don't really understand the problem do you - sm

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The day I went to my GP and he carried a laptop in and entered the info as we talked, I knew we were not long for the world. It is cheaper to do it yourself with a flunky to check it over. The economy rots, the healthcare field is about to undergo a MAJOR change, and they want/need to save money, just like the company we work for. They overhire, they DON'T CARE about us. Bottom line is TAT. Now some of you have gotten smart and went the unemployment route, something I never would have thought of. So you are forcing their hands, because that costs money. They are trying to find a way around all of it. Another layoff coming, bet ya.

I'd be happy to take PTO, we have to make NJA time up! - ???

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Whenever there is NJA or the software system is down, we can't use PTO or LWP. We have to make it up. Just today, the system was down for an hour and had to use that as break time (fine) but still have to make that time up. This is why I'm looking for another job! GRRR!

Oh NO you don't - if their system is broken

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They HAVE to eat the time. Why do they get away with this garbage?

IKR? IDK how they get away with it... - ???

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but why risk getting fired for not making line count and/or getting FT hours in? Especially when UE isn't much and I need the insurance?

I don't work for MModal or Nuance either!

I think of this like this...if you work at a store and had no customers all day, you still close the doors at closing time right? or would you stay open later in case somebody wanted to come in and look around and maybe buy something? Um....NOT! No other business runs that way, why does MT?

It's NOT our fault if the system is down or NJA or power went out or snow took out a cable line. Some things are just out of our control. The more this happens the more upset I get and just wanna call in sick!

and that is how they get away with it - fear of being fired

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x

? We ARE paid for computer issues/downtime (nm). - mt2

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x

Downtime is only paid for 1 hour and has to be approved... - ???

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"A" company only pays DT for one hour (per occurrence) and they will email saying DT is paid. We cannot just put it on our timecard. So either go w/o pay or make it up. PTO only if NJA, not their software went down or power went out. It sucks!

Still confused? What do you mean "A" company? - MT2

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This is the M*Modal board and I know the topic is mainly the procedure here for NJA, but you keep mentioning not getting downtime pay. Again, we do get paid for downtime however long the system is down, not just one hour. We file a ticket, put it on our time card, and receive it our hourly benefit pay.

A is the MTSO I work for, not MModal... - ???

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I work for Amphion. Sorry for any confusion. I know this is the MModal board. I was just replying to the OP about having to take PTO for NJA. I wish I could. I'm not at your company at all. It seems to me that your options may be "better" than where I'm at. I didn't mean to get in on any MModal discussion, just the whole NJA stuff in general and the MT industry as a whole.

Got it! Thanks for clarification - MT2

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...and agree that's ridiculous that your company makes you suffer for THEIR system going down. I've worked for 3 companies and every single one paid for downtime.

why post on mmodal board about A company - this is for mmodal employees

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It doesnt matter to us what your company policy is when we are discussing our policies at our company.

Sorry, I thought it was something else in the beginning. Won't post on here again! - ???

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I didn't know MModal was an actual company, but a software system. The one my company uses said MModal in the description so I thought it was the same thing, referring to the software and policy, not an actual company. Sorry for posing on your "turf." It was an honest mistake. Geez.

I have checked this out. Unfortunately what they are doing is legal. - dnr

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From the US Department of Labor:
3. Does an employer need to pay an hourly employee for a full day of work if he or she was scheduled for a full day but only worked a partial day due to lack of work?

The FLSA does not require employers to pay non-exempt employees for hours they did not work.

FLSA = Fair Labor Standards Act

http://www.dol.gov/whd/regs/compliance/whdfs70.htm

And-

Waiting Time: Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time).

http://www.dol.gov/whd/regs/compliance/whdfs22.htm

Please check out if is legal for them to require minimum hours despite NJA. - dnr

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I haven't had time to research this. It seems wrong to take away our benefits if we can't get in our hours due to NJA.

When you get a chance, read these over. - sm

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The first one... we ARE working a full day, whether it's transcribing or checking the computer for work. We are not taking a partial day off unless we're using PTO. The situation described above, the way I read it, is for those who were scheduled for a full day, went to work, no work to be done, so chose to work a partial day (went home/clocked out).

The second one (which you got from #8 on the site), again from what I read, works in our benefit. They even give the example of the secretary reading a book while waiting for dictation as "working" (engaged to wait). We haven't been fuloughed and waiting for a call back (waiting to be engaged).

The smartest thing would be to try and get a free consult with an attorney.

Try contacting the DOL in that MTSO's state... - ???

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I did that when I worked for an MTSO in FL. I was IC then. I called and filed a complaint with the Dept of Labor in FL. I live in WI. I explained and kept detailed records and emails of all my NJA. I was basically told by the DOL that I couldn't "prove" I was at home waiting for work or even sitting at my desk waiting (which I WAS b/c they would randomly IM or email to make sure you were "there" even though there was no work). Anyway, sometimes the DOL can help, it may be different with employee status and mandatory min wage, but with IC positions even getting back pay of just minimum wage is tough. I figured I was owed at least $700 of back pay (I was being nice) and I was told basically TFB because I couldn't "prove" I was signed in, waiting for work and not out gallavanting around. (Like I had money to go anywhere).

Good Luck!

Unfortunately, I believe the info applies to use. - dnr

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For the NJA situation, company policy is to wait 15 minutes and then you are excused which lets them off the hook.

The second regarding paid wait time you quote is for on-site employees because their freedom to do other things. Telecommuting is not restricting your freedom and you are "waiting to be engaged." On site, you are "engaged to wait." The difference stems out of telecommuting. So, unfortunately, if there is no work to be engaged in, you are not working -- which applies to use. Also, an on-call employee, except under certain circumstances, is waiting to be engaged because their freedom is not restricted.

Now, if you are lucky and live in a state like California, you have to be paid for 4 hours if there is no work. There are about 4 to 5 other states with similar provisions, but I can't remember which ones. I had to hunt down the info for California. The last time my TSM resent the info about NJA, she mentioned the states with different laws and to email her if you didn't know about the law requirements. Of course she never answered my email, so I searched for the law. For any NJA before 4 hours, I put in a Remedy ticket for 15 minutes wait period and add 15 minutes work availability plus the ticket number. Then, I make another time entry for the amount of time left to make 4 hours and enter it as job availability and note California hours.

Ah but what about before you get to 15 minutes in a row? - That is my gripe

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What about sitting for 8 minutes between reports, then 12 minutes then 10, all before you get 15 minutes in a row and are excused? That is absolutely engaged and should be compensated at our benefit rate. I don't know how much "freedom" there is not knowing how long there is before the next report pops in. Can I use the bathroom or will I get counted for inactive time? The policy should read 15 minutes total, meaning we can add up all the minutes between reports and then be released for the day.

Totally agree - destitute MT

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I love getting a 30 second report, having NJA for 14 minutes, then a 60 second report pops up, and then nothing for another 12 minutes. I sometimes don't even make enough in one hour to buy a cup of coffee.

I agree. It makes me angry. We SHOULD be paid. That's the moral thing to do. - dnr

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This is what sent me to looking for a legal reason to nail them for time I think I should be paid for. This waiting 15 minutes straight is ridiculous, especially getting a job at 12 - 14 minutes. It aggravates me so much that I log out at 10 minutes and wait 5 more minutes before filing a Remedy ticket. Sitting there while jobs trickle in every 8 to 12 minutes for hours to get 15 to 20 minutes paid time. I call that being chained to the computer and engaged in waiting, NOT waiting to be engaged.

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