SGS pays SOME MTs minimum wage - AnotherSGSMT

On a post below about SGS, an MT states that she is being paid minimum wage.  She states she had to 'fight' for it, however, they are paying her minimum wage on the accounts where she is scheduled, and expected, to sit in front of her computer when there is very little work.

I have asked several coworkers about this, and some of them are being paid minimum wage, as well.  Not all; only the ones who requested (demanded) it.

THERE GOES ALL MTSO CLAIMS THAT SINCE WE'RE ON PRODUCTION, THEY DON'T HAVE TO PAY US MINIMUM WAGE.  SGS IS paying minimum wage, but only to those who fight for it. 

This is HUGE for the rest of us.  Here is the loophole they missed: Our work is not considered "production" by DOL standards; it is "incentive-based" work.  "Production" implies a physical product, assembled, manufactured, or altered in some way by an employee, and iis also referred to as "piece meal" work. 

This is not what transcriptionists or editors do.  We do not work "production"; those of us employed full time, have benefits, and who adhere to a set company schedule, are due to be paid minimum wage, or incentive amount, whichever is higher.

This goes for SGS and every single other company out there, regardless if you're performing full transcription or editing.  The company is entitled to set a reasonable amount of "lines per hour" to be achieved per hour (factoring in level of difficulty, platform, additional tasks such as email or answering phones), however, if there is no work during your shift, you must be paid minimum wage. 

In their haste to go 100% offshore, SGS has now set a precedent which others will have to follow, and which SGS will have to follow across the board, with all MTs.  SGS is complying with minimum wage laws by paying SOME MTs minimum wage, but is only paying those who demand it.  They would not pay, if it was not illegal for them NOT to do so. 

If you work 37.5 to 40.0 hours per week, and adhere to a company issued schedule, and you are making less than $8.25 per hour due to lack of work, or due to unreasonable expectations on a difficult account, and if you are unable to average at least this dollar amount per the federal hourly standard for the incentive-based pay scale in the MT industry, your employer must pay you minimum wage.  If they refuse to do so, they are breaking the law.  If they fire you for demanding minimum wage, without showing just cause (proof of negative employee performance, excessive time off, tardiness), they are also breaking the law, as it is your legal right to be paid the state and federal mandated hourly amount without having to demand it.

You can slam me all you want, and piss and moan, telling me to stop whining, and that nothing will change.  But if you continue to take the pittance being paid, and you are making less per hour than minimum wage, you're a fool not to demand it, and you are holding the rest of us back.

This information was obtained as advice from a firm specializing in employment law.