A community of 30,000 US Transcriptionist serving Medical Transcription Industry
Fair Labor Standards Act info - nonickname
Posted: Dec 01, 2014
How may of us are sitting around waiting for work to come in? We are tied to our computers hoping for something but we get no pay for that time until maybe a report shows up. Then we sit and wait...and wait...and wait. Should we dare to walk away and something comes in, we get a smackdown if we miss the new and ridiculous 4-hour TAT. Well, this is what I found researching the U.S. Dept of Labor.
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). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."
In other words, during these times we are entitled to at least minimum wage by law. Personally, this won't matter to me anymore as I am out of here but some of you might be able to use this information. I refuse to be at their beck and call and am fortunate enough to have another job. I wish you all well and hope you guys all survive this disaster that is Nuance.
With their 15 min plan, you are not engaged after - that and free to go. How they get away with it.
[ In Reply To ..]They're not totally stupid, they are smart enough to just barely skate over the requirements. It's the TSMs who "demand" flexing and waiting who are violating. Those emails need to be saved for future UI.
So basically it is okay that if you are a full time worker - and only get 20 hours work
[ In Reply To ..]They are off the hook as long as you follow the OOW thing?
That stinks. This is the whole problem with this business model. Good for them, good for hourly employees. Absolutely terrible for us MT workers, who are actually bringing in the $ for them to pay all the TSMs, QA, and tech people. Gee, you're welcome.
What is a job?
Why is it okay for them to say you have a full time job but if there is no work we don't have to pay you, so in actuality you have a part time job with terrible pay for those part time hours and absolutely no security that you will get anywhere near the hours you require, even at minimum wage?
Diabolical.
File for partial unemployment during low weeks - like your example.
[ In Reply To ..]Perfectly legal.
Question to anyone who has filed for - partial UE
[ In Reply To ..]Any backlash? I mentioned it to my TSM once and she acted like I was threatening to commit treason or something. Granted, kind of a stupid thing to ask her about.
Just wondering how hard it is to get, if you get any pushback from Nuance, i.e. further intimidation, targeting, etc.
Their only recourse is to guarantee you more work - which they cannot do so nothing
[ In Reply To ..]they can do otherwise. It's perfectly legal. You just report what you did make during each benefit period and they subtract that from your predetermined benefit rate and pay you the difference.
If they do retaliate, report them to the Labor Board - SM
[ In Reply To ..]Your TSM must be an idiot. Of course you would apply for UE. You are considered underemployed. You are there to work. You are classified as an employee, not an independent contractor. You sit and you wait for work? That is ludicrous to expect someone to do that. If she doesn't see that, she is just.... I can't even finish.
That was probably back when there was - truly just a lull, as opposed to
[ In Reply To ..]For the past 5-6 months, where there has been literally no work for hours, sometimes days at a time, which is more the norm now.
I used to be able to flex, too, a lot more. I now have a second job and when finished with that the last thing I feel like doing is typing into the night with Nuance.
Just wondering if anyone has actually done the partial UE, if they could comment, not particularly on the backlash, but on how difficult it might be.
Since I now have a second IC job, I guess I probably wouldn't even be able to claim partial UE since I have another source of income? Not that either of them make much. It just seems so complicated. Rock and a hard place.
also with their new 15 min plan - did anyone else notice
[ In Reply To ..]that your time sheet no longer reflects OOW situations because you clock in and clock right back out as OOW so it disappears by the next day. The old way, when we clocked out with OOW comment, it showed on your time sheet.
So...I have started saving my time sheet immediately after I clock in/out OOW so it accurately reflects OOW situations, just in case I ever need "proof" of something, anything. I save it all on a flash drive and back that up with zoom-in pix of the computer screen that shows everything. Ever try to save an email, like the special one we all just got? Practically impossible, thus the humble camera!
I just copy and paste emails I want to save - into a Word document, and save.
[ In Reply To ..]Or, I take a screen shot. But I do think the camera option is a good one to fall back on, if all else fails!
tried that, the email would not save on its own - to save my soul!
[ In Reply To ..]I have their computer, maybe that is the difference. It finally saved when I "hid it" by pasting into another misc saved file but it would not save just pasting it to its own file or to the flash drive - I spent like half an hour on it!
Similar Messages:
Fair Standards Labor Act
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 ...
Recordkeeping Requirements Under The Fair Labor Standards Acts (FLSA)
Jun 28, 2012
http://www.dol.gov/compliance/guide/minwage.htm Start keeping strict records now, based upon the guidelines at this web site. Note in the article the use of the word "piecemeal," which is what the per line rate is. ...
Fair Standards Act/getting Together On This Stuff
Jan 04, 2010
Maybe I'm just looking in the wrong place, but it seems like with all the screwing over that some of these companies do to us (and I know it's no accident that they don't encourage us to communicate amongst ourselves), few people here are suggesting some way of getting together to "encourage" the companies we work for to screw us over less, or at least less painfully. I know there's a Fair Standards act, for example, that supposedly covers even us (working on production). Whi ...
US Fair Labor Act
Sep 20, 2011
(e)Study of effects of foreign production on unemployment; report to President and CongressWhenever the Secretary has reason to believe that in any industry under this chapter the competition of foreign producers in United States markets or in markets abroad, or both, has resulted, or is likely to result, in increased unemployment in the United States, he shall undertake an investigation to gain full information with respect to the matter. If he determines such increased unemployment has in fact ...
I Downloaded The Labor Standards Complaint Form
Apr 05, 2012
For the great State of Wisconsin (as they say). All that free data entry we do, headers and so on - yeah, I'm gonna put a price on all that. Go ahead and tell me, State of Wisconsin, that in the great United States of America, workers can be expected to DONATE their time and effort to a company, and it's A-OK. Go ahead, tell me that - so I can add it into my video. ...
She Dictates "He Is Fair Com Plected" Meaning He Has A Fair Complexion
Feb 08, 2010
Good morning all - I'm trying for a dermatologist today. Not my usual account. She dictates "He is fair com plected" meaning he has a fair complexion. What is the right way to spell complected? I googled it, came up with a lot of variations and nothing concrete. Thanks for your time! ...
CA. Labor Board States "Good Case" Regarding Unpaid Labor
Jun 22, 2015
A fellow MT posted on the Nuance board that she contacted the California Labor Board regarding unpaid labor. I hope this case creates a precedent! For me, some jobs are so laden with problems half my time is spent researching and correcting dictator errors - for no pay! We are not paid to check email, answer email, train, review of all the documents emailed to us, review changes in procedure, doctor exceptions to the rule, working with tech support, reviewing QA, searchin ...
ASR And Standards
Dec 08, 2009
I know the rule has always been if the report type has a standard with more than 6 headings that we can hit F11 and type the job. Now I sorta remember reading that was changing. Does anyone know if it has and what the new rule is? ...
VR Standards
Dec 23, 2009
This is just my observation. I am presently working on VR and have been for about 1-1/2 months. On my straight typing accounts, we followed the Book of Style and typed verbatim. VR is a whole different world. Where as we had to spell out abbreviations in the impression, plan, preoperative diagnoses, etc., with straight typing, on VR we are told to not expand abbreviations. We are also told that unless the statement makes no sense whatsoever to send it to QA, b ...
FYI - Standards
Jan 08, 2010
Just to let you all know, after talking with my CCM, what happened to me was an error and has been fixed. We *do* get paid for standards. Sorry if I freaked anyone, besides myself, out with my post. ;o) ...
More About Standards
Jul 25, 2012
Thanks for all your comments about inserting standards but I am not concerned about mistakes in them at audits. I am at the point where I don't care if I am fired. The point I wanted to make is that the quality of the standard from the hospital was horrendous yet obviously acceptable because it comes from them yet we are expected to be 99% accurate under the worst possible circumstances. If this weren't so pitiful and causing so many MTs so much distress, it would be ...
ORO FAIR NIX
May 20, 2010
... when dictators say "ORO-FAIR-NIX" for oropharynx or "LAIR-NIX" for larynx? When they think of lynx do they say "LNIX" or manx and say "MNAX" ?? :) ...
Fair Pay??
Mar 24, 2012
This may have been discussed before, and if so, I missed it, but SR seems to be getting worse and worse all the time (and I use M*Modal for two different MTSOs), picking up less and less of what is actually said. This is even on very clear-speaking dictators. Some have been to the point of SR getting maybe 2 words right in 2 sentences. In this case, I'm actually "typing," but getting paid the SR rate. It struck me that the only fair way to be paid would be to be paid ...
How Is It Fair
Jan 08, 2014
Everyone of my accounts now requires manual addition of CCs and/or manual addition of ADT information and I don't get compensated? This rots, getting ready to quit. ...
SR Pay Methods/standards
Nov 05, 2009
My hospital is transitioning into SR using APEX. We're being told that they want to base our expect standards on VBC (visual black characters), saying this is "the industry standard". Are the rest of you on SR/VR paid by VBC, lines, or minutes? What were the justifications given? We've been paid for the last 10 years by minutes so aren't thinking this is a good change. Any feedback would be helpful. We are a union shop so would love to hear from other ...
Standards/templates
Dec 16, 2010
I've been with MQ for about 2 months now. I've noticed that many, many of the dictators use what we used to call "standards" or templates. We just inserted the canned text and made changes where indicated. Is this allowed? I know some has their own (crtl S), but can I make my own and use them? ...
Question - Standards/F11
Jun 09, 2011
When a report requires a standard be used and it is an ASR report, if the MT knows what the standard headings are, isn't it acceptable to just type in the headings in the appropriate places within the ASR, rather than pulling in the standard by Ctrl S? ...
Are We Paid For Standards?
Jul 05, 2012
Can anyone tell me if we are paid for standards brought into reports or only what we add to it? I did a very long OP note yesterday that had a large standard and quite a bit of dictation along with it and am surprised to see I only received 9.38 lines for it. Something doesn't seem right, I know I type more than 9.38 lines even without the standard! ...
Inserting Standards
Jul 23, 2012
Our facilities have many docs who say "insert my standard." Yesterday I got a new one which was beyond belief. The format was wrong; the PE was double spaced instead of single. Some of the headings were capitalized and some were not. There were spelling errors. No Murmurs, Rubs or Gallops appeared like so, etc., etc. Someone somewhere had to produce this PE and this is what the hospital is using as their standard. Next time I get a piece of crap like thi ...
How Do I Toggle To Standards
Oct 24, 2012
When I am in a job, and the doctor requests standard, ctrl S does not always toggle me to the standard list. Is there another way without using my mouse? thank you in advance. ...
Who Writes These Standards
Oct 24, 2012
Standard name doesnt even match what doc dictated,,the numbers he dictates dont match and the spelling...dont even get me started on that!!! ...
Doctors Using Standards
Oct 31, 2012
Anyone else get really annoyed when a doctor says "use my standard" and then proceeds to make half a dozen changes to it? What they would like us to do is remove part of the dictation, go down to the bottom, get the appropriate text, copy, delete, move it back to the correct place in the report and then, of course, edit it. Doing this multiple times is not only excessively time consuming but makes it very easy to accidentally delete text. Just curious if you are all doing this. ...
Normals/standards
Apr 22, 2014
Okay, if you want me to be 99.7% then at least have the information in the normals/standards correct. Misspelled words, punctuation errors. Really? Have to go in and change a LOT in order to "attempt" to make 99.7%. Thinking I am no longer going to change them and when i get "nicked," I am going to say "that's how it was entered." Sorry for the rant. ...
Fair Wages
Feb 18, 2011
I think a fair wage should be in relation to the economy, that which allows you to meet your baseline financial needs without having to work a second job or long hours. I worked for a service back in the early 80s for 6.5 cents per line. Today, nearly 30 years later, they're offering 7.5 cents per line, yet costs are sky-high. It's pathetic. It's sweatshop third world. It's true, we're stuck with the way things are, but ...
Fair Chance Or Not?
Mar 03, 2012
Was just wondering if you seasoned MT's think 5 weeks on a new job is a fair chance for a fairly new MT? New platform to be learned, and the dictations were from a big pool with a lot of different doctors, though not many ESL's, and QA was pretty picky. Any opinions on this? ...
Is 14 Cpl Fair For Experienced IC?
Mar 28, 2012
I have been an IC for over 5 years and have decided to increase my rates from 12 cpl to 14 cpl. In doing that, one of my doctors is thinking about replacing me. I thought 14 cpl was a fair rate. What does everyone else think? ...
How Do They Call This Fair?
Aug 15, 2013
So, I have a VR job and the VR is just bad. I FINALLY got to where I could make around $11.00 per hour and was thinking okay, maybe this won't be so bad. Well, just as I got up to where I could make a decent living, my MTSO decides to do a random audit and completely tore my reports apart. There were NO critical errors and no errors that affected the content of the report, just things like commas in the wrong place, using a comma when dictator said "and" and other simple t ...
When Did We Stop Getting Credit For Standards? - Sm
Jan 06, 2010
Last night I did two fairly long duplex studies where the doctor says "use my standard" with a lot of "move this, take that out, insert this..." Not difficult, but time consuming. When I went in to look at my line count after my shift, I got a total of 20 lines for the two reports, or 16.48 cents! What gives with this? Did I miss the memo, or did they just not tell us? Next week they'll be asking us to pay them when we actually get work. :o( ...
Medquist Standards And Guidelines
Mar 10, 2010
Before I appear dumb to supervisor, can somebody tell me where do I find "MedQuist Standards and Guidelines?" ...
What Line Counts Standards Are Out There
Jul 29, 2010
I am just curious as to what line count standards are out there. What are your line count requirements for the day and how much do you use your QA for things like missing encounters, unable to ID patients, incorrect work types? Where I work our standards are relatively lower than other places, however, we also are required to match encounters, determine the work type, send an email for each work type or inrcorrect MRN, create a temporary patient if we cannot find the patient anywhere in the s ...