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Working off the Clock - Midnite Rider
Posted: Jan 21, 2015
Working off the Clock - Midnite Rider
Posted: Jan 21st, 2015 - 4:48 pm In Reply to: Understand they are taking on new clients - MT
I have been an MT for 20 plus years and have never worked for a company where they had a time clock. When I first hired on with my present company, my supervisor, who is also a friend, said I can work as many hours as I want but to only report my scheduled hours and that both she and other company echelon will just look the other direction (which practice I know is illegal, both on my part and their part). She was told the same thing when she still worked as an MT. That is what I have been doing for over a year and a half now. No questions have ever been asked of me. Soon, however, my company (purchased by another company almost a year ago) will be instituting a time clock. We are required to type 1500 lines in 8 hours. The problem for me is that I have never been able to accomplish 1500 lines in 8 hours because I am more quality oriented. I asked my supervisor about the upcoming time clock, and her answer was "just continue to clock your scheduled hours and work off the clock for the other production, that nobody will really pay attention...it is just a different way of keeping track of your time." Has anybody ever worked off an actual time clock where you punch in and out, and if so, how does that work for you?
I work off the clock every day - sm
[ In Reply To ..]And I work for one of the BIG guys... no one has ever said a word to me. As long as the work gets back in time and you're not putting in for overtime that you didn't do... who cares?
If you work OTC - you are
[ In Reply To ..]Giving your employer a foolproof reason to terminate you should they choose to do so. If you are confident that will never happen, then go for it. If you have any doubts, I believe you should consider not continuing that practice.
Get that in writing and then file a complaint with the Dept of Labor sm - acuteMLS
[ In Reply To ..]and you will get all of the back overtime they were required to pay you by law.
Stop participating in this illegal activity. Clock all hours worked. Yes, you'll have to be less quality-oriented.
Get that in writing and then file a complaint with the Dept of Labor - Midnite Rider
[ In Reply To ..]Thanks. If I do not work off the clock, which has not started yet, and I am less quality oriented, how long...in weeks or months, should I wait to file a complaint? There is also the point that if, after being less quality oriented, I am not able to still complete 1500 lines in 8 hours, my account manager will most likely send me an email to that effect and terminate me after so many warnings. What about that? Do I still have a case?
A case? - For what?
[ In Reply To ..]It doesn't sound like anyone is saying you have to, or will have to in the future, work off the clock, just that you can if you want to and no one will say anything. No one is forcing you to stay there, if you can't meet their requirements they have a right to fire you and any company stupid enough to put in writing that it's okay to work off the clock you'd be better off without anyway.
DOL case - Effie
[ In Reply To ..]Work all the hours you want.. just keep track. If they ever do you wrong, get them for the overtime..either through DOL or hire an attorney. The courts will let you ask for up to three years of back pay PLUS liquidation damages which is the amount owed doubled. It is not illegal for you to work off the clock, its illegal for THEM not to pay you, whether they know you are doing it or not.
No, it is not illegal for one to work off the clock, BUT - it is illegal to knowingly submit
[ In Reply To ..]an amount of "hours worked" on your timesheet when you know you should actually be paid for more hours than that. It's a fine line, I know, but that is technically what the law says. Timesheet tampering is a no-no.
off the clock - katrina
[ In Reply To ..]My understanding of this is she is being paid for what she does, but she has to work off the clock due to not being able to get the hourly or daily lines required her to do, so she winds up working more hours to satisfy their production requirements. I don't see there could be any lawsuit involved, this is her choice rather than lose the job.
off the clock to get required lines - Effie
[ In Reply To ..]Legally, it does not matter WHY she works overtime. I work overtime to make up the hours I sit here with no work.. the facts that matter are that she WORKS UNPAID OVERTIME. Its illegal for an employer, whether he knows the overtime is happening or if he does not know the overtime is happening, to not pay the overtime.
off clock - katrina
[ In Reply To ..]Yes, in that instance it would matter. That's why I usually try to avoid employee status, because they just have more rules about production, etc. I don't like that hanging over my head.
reason - Effie
[ In Reply To ..]Sorry, but if an employer could get free overtime out of people by putting their job requirements really, really high, and requiring them to work 15 hours a day to meet the requirements, then all employers would be doing this. The only thing that matters in the court of law is that there is unpaid overtime. Please keep track of your actual hours worked cause someday if you find yourself laid off, or otherwise out of a job, there could be a HUGE payoff in the end.
working OTC - pickygirl
[ In Reply To ..]I was in exactly the same position as yourself - used to work upwards of 40 extra hours a week off the clock to make "extra" money (is there really such a thing? LOL). When my company was acquired by the MTSO I currently work for, I had to start cloking in with a time clock system, then actually log on to work on the transcription platform separately from the time clock. I made the mistake of thinking that the company/my supervisor/her supervisor wouldn't bother to verify that I was working on one platform while actually not logged on in with the time clock program. WRONG, WRONG, WRONG!! Within a couple of weeks of starting to work OTC, I got reprimanded rather harshly and put on notice that if it happened again I would be terminated immediately. Be very, very careful if you decide to work OTC. Be aware that the platform where you actually transcribe/edit keeps track of the time down to the hundredth of a minute when you open a document, how long you that document open, and when you close the document. It only takes them a couple of clicks to see when a person is working OTC and for how long. My particular MTSO will let a couple of minutes slide, but not much more than that. Not worth the risk, IMHO.
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