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How is it legal? - Khaled is tired of BS.

Posted: Dec 23, 2013

Is it really legal for Nuance to make us work a holiday, then we don't get paid for it because there are no reports, and then they expect us to work overtime another day to make up for the holiday we worked on that we were never paid for?!

Did I get that right? Has anyone here called the Labor Department? I'm curious.

I will not work overtime after missing Christmas with my family (for zero pay), in order to accomdate their poor scheduling. I'm upset that they would even ask.

I don't work for Nuance - sm

[ In Reply To ..]
but no, it does not seem legal. I really don't know for sure. Please call the DOL to find out. Anytime it appears that an employer is breaking the law at the expense of its employees, employees should not be discouraged from calling the DOL for clarification. If you are informed by the DOL that the situation seems to indicate that your employer is breaking the law, you can file a complaint ANONYMOUSLY if you wish to.

In order for wrong things to be righted, someone must take action. The DOL is the best place to start because they know the laws and have the authority to investigate your allegation and compel your employer to comply with the law. You can protect yourself from retaliation because you can remain anonymous.

Please don't wait for someone else to do it. You have the power. All you have to do is pick up the phone. As an employee, you have certain rights. Don't let someone trample on them.

Yes, I intend to call. But I also am curious to hear - from others who have called.

[ In Reply To ..]
And thank you for clarifying that I can maintain my anonymity, because that was something that I was wondering about.

Think it is legal, unfortunately - CuriousMT

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I'm no expert, but truthfully, I think it's legal. We're not independent contractors, but we are non-exempt employees and are only paid for hours worked. We are not under contract for a certain number of hours, though we are "expected" to work certain shifts and are scheduled a set number of hours to qualify for certain benefits.

This basically means that if there is no work, they are not required to pay us. Actually, as long as the hours they require us to be at the computer (so, 15 minutes waiting for work to come in in an out of work situation) does not dip below minimum wage for the entire week (so, if you end up working an hour for the week and that 1 hour is more than $7.25, then anything over that technically goes towards the time you're waiting for work).

It sucks. I hate it. But this is the field we work in. Most of our former employers such as hospitals and doctors offices had much better policies. But we don't work for them anymore, and this is why it's cheaper for them to outsource. They don't feel bad paying a set rate to some random company, whereas they would feel horrible telling an employee that they were going to cut their pay, make them wait around on federal holidays for work that will never come, and won't be paid for it!

While it's not comforting, I hope this answers your question.

Legal or Not - hopefulme

[ In Reply To ..]
This is kind of a gray area and states usually have better rules on these things. DOL's stance on work falls under the FLSA Act of 1938 with wage and hours. You must be compensated at least minimum wage if you worked, even in situations where there is no work, which they term "waiting for work." Here's the gray area with DOL - if you go to a place of employment and sit at your desk waiting for work, this is considered "waiting for work" and you must be compensated for it. But because we work from home, the DOL doesn't look at a home office in the same light as an office away from home, when it comes to "waiting for work," since you are at home and can do other things. Here is where your state may not agree and have their own rules on this. My state (CA) says if you are required to be in contact at home by your computer, checking e-mails for requests to return to work, etc., while you are waiting for jobs to come in, they consider this "waiting for work" and you are to be compensated for this, at least minimum wage. But, if you can leave the house and have your employer contact you by cell or text when work comes in, then you are not "waiting for work" and shouldn't be compensated for the waiting time, only time spent performing the work. Also, my states stance on work schedule, if you are scheduled for a shift and it is mandatory that you are available during that scheduled time frame and can't leave your house, work or no work, then you are to be compensated at least minimum wage. You would have to show on a time sheet (if requested, so keep copies) that you were on the clock, even if it lists it as OOW. So, if you are required to clock out on OOW when you have no work, clock out of your shift, clock back in as OOW, when work comes in, clock out of OOW, and clock back into your shift. I did file and win my case with my states Labor Commissioner on these issues. But you have to decide for yourself if you want to put yourself out there and take a stance and fight for your rights. It is illegal for an employer to retaliate for going to the DOL or your states labor commissioner and fighting for your rights, but the risk is still there. You just have to decide for yourself if it's worth it or not. Check out your state laws before doing anything. My states info is under the Labor Commissioner. You would have to file a claim with your unemployment department for the hours you were available for work but didn't have any (like if you were unemployed or under-employed), but you would have to file a claim with your state labor commissioner for uncompensated wage issues that you should have been compensated for on your check, but wasn't or if you want to file a complaint. Hope this helps.

Working holidays - Cista

[ In Reply To ..]
Just got this email from our TSM:

Tuesday and Wednesday (24th/25th) are observed holidays for Transcription Services Managers (TSMs). I will not be scheduled to work but will be checking in...WHAT ARE WE, CHOPPED LIVER?!!!

Just call in sick; it is no less ethical - SM

[ In Reply To ..]
than what these MTSOs are doing to us a thousand-fold. So the supes & suits get off automatically. If a good number of us peon MTs called in sick, and they got fined for being out of TAT, maybe they'd start playing fair with US, like maybe PAY for a holiday spent babysitting the PC screen.

I am scheduled to work - I asked for a

[ In Reply To ..]
few hours in which to spend with my family but I never got an answer. I didn't ask for the entire day off, just a few hours. I will work but I will also take my few hours to spend with my family. I simply do not care. This is about the third time I have sent a request to my TSM and never get a response, but she sure can send out mass HELP HELP HELP emails.

Just take your day off. What are they going to do, fire you? That may actually be a blessing.

I would take the day off - sm - mt2

[ In Reply To ..]
Like she said, what are they going to do - fire you? My account is so OTAT they won't fire anyone from it. Besides, if they did fire you, put on UE form you had permission to take off but then they fired you and say now that you're fired, you can't get into the company webmail to "prove" it. UE doesn't care - the employer's UE insurance is what pays you.

work - wthdim

[ In Reply To ..]
Thanks - make it worse for those of us who do work when we are scheduled. An i hope you or your family never have something serious happen on a holiday and be told sorry, we cant do surgery/save your life because there is no one to type your report. That attitude nearly killed me 3 years ago so i've no sympathy for it. Family is forever - not being around for them because someone did not want to do their jobs is another/

I seriously doubt they would refuse a - lifesaving procedure

[ In Reply To ..]
because there is no one to type out the report. That is absolutely ludicrous.

OMG!! Complete absurdity on wthdim's part! - NM

[ In Reply To ..]
NM

Doubt - wthdim

[ In Reply To ..]
Yes they did. Because I had the misfortune have having a strangulated hernia with 4 feet of bowel in it, ind it happend on Christmas! I had to wait 2 days in the ICU head down and on morphine or Dilaudid for pain. During surgery, 2 feet of that bowel had to be removed. Dont you dare tell me its ludicrous! Who do you think you are? I darned well know why my surgery was delayed - they flat out told me and put in chart that it was due to not having transcribed reports and no one available at the service for the chart/EMR that they were using.

I sure as h e double hockey stick hope this happens to you so you can be in an ICU for 2 days wondering if you will survive long enough to have your surgery because your chart isnt properly document for care and legal purposes, and lose organs in the process

Seriously? - Give me a break

[ In Reply To ..]
So apparently no one could pick up a phone and call the person who dictated the report? You had to sit in an ICU for 2 days because they were all waiting for transcription? Well la-di-da, I feel so much more important now!

TO WTHDIM - GIVE ME A BREAK. - MT2

[ In Reply To ..]
This company is the worse place I have ever worked. The recruiter let me believe we had paid holidays. There was no mention of paying myself to be off. And this extra pay of 25% - which is ONE PENNY - is not worth my time.

Keep on kissing Nuance's butt. You'll go far - not.

AND FYI - I AM WORKING CHRISTMAS. I HAD XMAS WITH MY FAMILY SATURDAY THANK YOU VERY MUCH.

What? - lalala

[ In Reply To ..]
Life saving treatment not given because no one was able to do the REPORT?

Balderdash!

That's BS. For an emergency, they don't need a flippn report. - me

[ In Reply To ..]
I've worked both in-house and for MTSO.

A small company I worked for years ago, we were on-call for stats. I got a phone call at 10:30 p.m. because 1 of the doctors there was an A-hole and they were afraid of them.

I was scheduled to work that weekend - which I started around 6 a.m. - so I was in bed when they called.

I said "is there someone there to print this so-called stat?" They said no. So I said "then I'll do it at 6 a.m. Good night."

Never heard another word about it.

I am scheduled to work - 7th child

[ In Reply To ..]
Wow, if people's lives hang in the balance because of someone who makes 4 cents a line to fix mistakes made by someone who has gone to school for 12 year and an incompetent piece of technology, I think we are all headed for hell in a handbasket!

I couldn't agree more - Pollyanna

[ In Reply To ..]
To not automatically have a paid number of holidays per year should be illegal. This is the worst company I've ever worked for. Nuance could care less about its employees.

When I was hired and spoke with recruiter - sm - mt2

[ In Reply To ..]
I asked about holidays and she said "we observe New Year's, Memorial, etc." I assumed that meant paid holidays. Was I surprised the next month when I requested Xmas off and didn't get paid! Now they passed the new rule you can't be off if you do not have PTO to cover it. Pay yourself for a holiday - what a load of BS. This company SUCKS.

Have had it with Nuance holiday policy - MT for 40 years

[ In Reply To ..]
OK, I worked Thanksgiving, will work Christmas, New Year's Eve, and New Year's; yet when I asked for Christmas Eve (I work evenings), I was told could not be approved because I did not have enough PTO. I'd only wanted to take it as unpaid time off, but was told UPTO was a "perk" Transcend had offered that did not carry over to Nuance. I was told IF there is no work for any of my accounts, then I can send an email to my TSM and NOT HAVE TO CHECK BACK!! Wow! What is so unfair (in my opinion) is that if I actually DID change my plans, and did NOT go where I am going for Christmas Eve and there was no work, I would receive absolutely no compensation for staying home and being "on call." I guess the way they get around it legally is to say, "But you were free to go." I find this policy deliberately thoughtless of the fact that holiday plans usually require, uh, "plans," before you know if your queue will be empty when you log on for your shift. I shrugged it off when we didn't get paid for any holidays. Shrugged it off when the recruiter said 1 week PTO for the first year (full-time). Then I found that "lines and a half" times nothing often means just that! Now to find that you "have" to work it if you do not have PTO (yet will not receive any kind of on-call pay if there is no work); and that not only do you not receive holiday pay, you have to spend a PTO day just to take it off! (Not unusual, I understand, to have to spend a PTO day for a holiday; what's different here is the company does not deposit any hours into your PTO bank for the holiday! It's like cognitive dissonance! With just 40 hours of PTO for the whole first year (including holidays), conceivably the MLS could spend all his PTO on just SOME of the recognized holidays and, because of not being able to take time off without pay, not be able to take ANY other approved time off for the whole year! The "straw" for me is not being able to take time off without pay. (My sister, who used to be in charge of benefits for a large school district, said she got a good laugh out of hearing "unpaid time off" referred to as a "perk." To me, it epitomizes the corporate culture of this company: They get to offer 24/7 service to the clients they are trying to entice, including holidays, but it's on the "backs" of the MLS to deliver.

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