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


Approaching Dept. of Labor - ex-milquetoast


Posted: Jul 19, 2011

Alerting the Department of Labor has been bandied about regarding the unfair and unjust treatment that MTSOs like to dole out because they think they can get away with it, and we have, in a sense, just rolled over and let them for fear of job loss or being the troublemaker if we spoke up.  Perhaps it is time we find out if we have legitimate issues here and maybe something can be done about them, such as:

1.  Not being paid for spaces.

2.  Not being paid for demographics.

3.  Not being paid for filling out timesheets.

Besides these, can anyone think of others? 

I would like to approach my state branch prepared with a comprehensive list of grievances and examples of unfair treatment and would like more suggestions.  I urge everyone to do the same in your state.  Perhaps we can at least get a bit of what is due us or at least shine a light on this.  Maybe something will come of it, maybe not.  Doesn't hurt to try. 

I will share on the board what the outcome is on my end.

If we can't unionize as a group, perhaps we can be individual Davids to these Goliath companies.  Thanks for any help.

Most states insist you be paid if it is required that you be at your desk. - None of this ridiculing flexing for no money. nm

[ In Reply To ..]
x

On-call and waiting-time pay is - Federal.

[ In Reply To ..]
x

I can think of others - sm

[ In Reply To ..]
1. Entering Physician names for copies.
2. Verifying addressess for the copies (at least I have to on my clinic acccount).
3. Reading the 20 e-mails a week related to work, and "response needed" e-mails.
4. Waiting for work through scheduled shift.
5. Having to sort through 500 e-mails of addendums to the client profile (do this now, Dr. Jerk wants this done, Dr. Jerks Brother does not want that but wants this done), and all because it is easier to bombard the MT with the work than do it on their end.

Sorry, had a bad day.

Thank you both. Keep them coming. nm - ex-milquetoast

[ In Reply To ..]
I'm making a list and checking it twice...

Repercussions - anon

[ In Reply To ..]
Anyone heard about what is going on with Amazon and state sales tax? They just pull out of businesses in the states when that particular state tries to force them to collect the sales tax.

Well, that is essentially what would happen here. If individual states applied laws to MTSOs to pay for "down time" or spaces or headers/footers, then the MTSOs would just choose not to hire MTs in those states.

Trust me, not every state has the same rules and they would not all interpret the rules in the same way. We are not hourly employees and I can only guess there is some legal loophole in place to ensure MTSOs are legally covered on this one. Or, better yet, they would just hire ICs and then we could all wave bye-bye to any benefits.

I am honestly not trying to be negative but it really just sounds like tilting at windmills here. The system is not built to protect the little guy. It is specifically in place to protect big business.

Just my humble opinion here.

Already happens with CA. Our tougher labor laws - scare off all the wimpy MTSOs. sm

[ In Reply To ..]
It's called DISCRIMINATION, and discrimination based on STATE OF RESIDENCE should be added to the other things it's unlawful to discriminate against.

The entire U.S. workforce can't just all pack up and move to Texas or Florida.

You are an - hourly employee.

[ In Reply To ..]
x

And everyone wonders why all the work is being outsourced! sm - common sense

[ In Reply To ..]
Its all the money hungry, whining, and nitpicking that has forced it to go bye-bye for lower wages and faster TAT where MTs are appreciative to have income. Bottom line is when the work is billed on a per line contract, it has to be paid on a per line contract. Where does the extra money come from? Companies don't pay on a salary.

This makes no sense. - sm

[ In Reply To ..]
So you, and the poster above you, are of the opinion that no matter what the MTSO does, we should be thankful we have a job and not make waves. Is that what they told the kids in the Nike sweat shops, too? Or what they yelled to the guy at the Apple plant as he was taking his header off the building?

Be interesting to know if the same people saying not to make waves are the same people that ream people out if they "let" the MTSO take advantage of them.

Just because they all do it, doesn't make it right. Everybody thought it was fine that women didn't vote. Everybody thought it was okay that blacks had to use a separate water fountain. Everybody considered it standard business practice for children to be working in the coal mines. Until a few people stood up and said, "You know, it's not right that you treat people like that."

And as long as some of you keep protecting them, nothing is going to change. Guess what? They're sending your work overseas anyway, so it's not like you've got anything to lose fighting for what's left of your dignity.

Not quite - anon

[ In Reply To ..]
repercussions poster here --

I don't necessarily think the MTSOs are wonderful and generous employers. In fact, they are getting worse by the day. More than anything, I am just being logical. This is how business works.

However, $14 an hour, which seems to be the sum most MTs post they make, is hardly slave wages. In fact it is at least twice the minimum wage in most states.

My mother told me a long, long time ago that life ain't fair.

If certain states make it "unprofitable" to do business in said state, the MTSO will simply leave. So, by all means, tilt away. Just don't expect the results for MTs to be particiularly advantageous, if this were to ever happen, which it won't so the point is moot.

Personally I don't think this equates to voting rights but okay.

Again, all just my opinion.
There are only 50 states; I doubt they can supply all their needs - from Wyoming alone. nm
[ In Reply To ..]
x
Wyoming??? - anon
[ In Reply To ..]
I have no idea what you mean by that. Why Wyoming?? Clearly you don't fully understand the way our government and big business interact in ALL 50 states.
Your best shot would be in liberal states since conservative states don't EVER interfer with businesses making a profit.

Look, pure logic says the MTSOs already know the laws. Pure logic says they know what they can get away with.

We are production paid workers. Not hourly and not salary. We will not EVER get paid for down-time or headers/footers ever again. Those days are gone.

I understand it upsets you to face logic and reason when it seems so dang unfair. But, alas it is just the way business in America is done.

As I said, tilt away at the windmill. Just don't expect it to get you anywhere.

If you want to try to nail the MTSOs, go ahead. Sometimes having a cause is enough, even if it is a completely hopeless cause.

again, just my opinion.
And I'm sure some said that about the monolithic MTSO that had to pay - all that back OT. And WY is conservative. nm
[ In Reply To ..]
x
No way, are you serious?? - anon
[ In Reply To ..]
No kidding, Wyoming is conservative? Gee, guess that cowboy movie gave me the wrong impression of Wyoming.

OT is a whole different story. You are talking about being paid for time you DO NOT work. You are talking about being paid while WAITING to work. You are talking about these things for employees who are specifically paid production. For employees who signed a contract upon hire outlining all of this in writing.

There are some fights that can be won, this isn't one of them.

I would love to make 10 cents a line again. I would love to be paid for headers/footers since I am responsible for the demographics that are going in there. I would love to be paid for the endless waiting to get work. I have had NJA for the last two nights of my shift almost all night.

So, I agree with all of your wants. I am just logical enough to understand that it will never happen and if laws were enacted to make it happen, the MTSOs would just change the rules, i.e., ICs who they have no obligations to for anything, and then over hire even more to make sure they are covered for TAT.

It would just make it worse than it already is, much worse.

Business ALWAYS wins.

The causes you were talking about were fighting the government, they are pushovers compared to fighting a business.

Cross your fingers, then, and hope you don't get caught in crossfire. - nm
[ In Reply To ..]
x
Much too hard to type - anon
[ In Reply To ..]
with my fingers crossed. Besides, I don't need to cross my fingers because this is all just pie in the sky dreams. There will be no cross fire to get caught in.




There was just something on the natinonal news about salaries... - sm
[ In Reply To ..]
I can't remember now what network aired it or when, but it wasn't more than a few months ago. They stated that there was a study to determine the average wage in the United States that would be required to keep up with today's costs and not require any help from "entitlement" programs such as welfare and food stamps. The number they gave was $15.00 an hour, so technically $14 an hour is in the poverty range according to this study, but that probably depends on where you live and what your life situation, health, etc., is. I personally still make over $20 an hour and am barely getting by out west.
Live in the west too - anon
[ In Reply To ..]
I hear you. My hubs makes $25 and I make $16 (not lately due to NJA). Sound like a lot? Yeah, not even. Add 4 kids to the mix, student loans and paying my own taxes (IC) and it adds up to a whole lot of not enough. Not looking for sympathy, as many, many people are far worse off and need MT as a primary income (I was there putting my husband through college on my income alone).

Min wage in this state is $8 an hour, no way could anyone live here on that. NO WAY!

However, we are piece rate workers, the same rules do not apply to us. We are not eligible for "down-time" pay.

It was a nice thought, but not gonna happen.

I am not trying to be a downer, just realistic. If you want more, I think you need to get a different job. That is just my opinion, though. I know I am headed off to community college to do a switcheroo to x-ray tech.
Yea, I live in Cali and make $6.50 - 7.00/hour. - Always one paycheck away from homelessness.
[ In Reply To ..]
(And all the GOOD freeway underpasses, park benches, and cardboard boxes have already been taken.)
MTSOs not hiring from certain states - anon
[ In Reply To ..]
It has already happened, many MTSOs will not hire a CA MT.
That is true - anon
[ In Reply To ..]
I interviewed with a company, she offerred me a job and then she goes, Oh, wait, do you live in California? Sorry, we can't hire you.

I was super annoyed with how much of my time she wasted.
LOL - if it had been me, I'd have replied - to her snottiness by saying, -sm
[ In Reply To ..]
"You mean you DON'T live in California? Eeeww... bummer! I feel so sorry for you. Try to have a good day, now, 'kay? "
And try to find an MTSO in CA, or even an inhouse - MT job out here. Yet if we - sm
[ In Reply To ..]
didn't have at least SOME worker-protection laws in force out here, no one would be able to live or work here anyway, because they they wouldn't be able to afford to. It's a catch-22.

What SHOULD happen, is the other states, the ones that remain woefully backward in their employment practices, should be made to at the very least, catch up to CA's standards. They're not THAT much higher, believe me.
$14/hr. may be liveable pay in Oklahoma or Tenn., - but it wont even get you a cab in CA.
[ In Reply To ..]
.
Depending on your circumstance even in the heartland it - does not go far.
[ In Reply To ..]
Once you get away from the city centers, it is pretty bad in the heartland, too. While we do save on housing, in my rural area, where I have few options, satellite internet costs over $70/month. Satellite TV, despite what the commercials say, it over $60/month. Everywhere is a long distance call, and cell phone reception is sketchy at best. Gas is cheaper, but if you want to go anywhere you it's 2-3 times as far. My electricity comes from a coop, so even though I have a little house and it's just me confined pretty much to one room, my electricity is rarely under $100. I have propane, and so it usually runs me about $1200/season to heat the place.

So $14/hour doesn't go to well here. Thank God I was able to get the kids raised and 2 of them through college before things got quite this bad. I don't know how I'd do it if I was a single income with kids now.

Corporate B.S. And WE'RE not the money-hungry - whiners here. Better re-think that one.

[ In Reply To ..]
XX

If you're talking to them..... - sm

[ In Reply To ..]
Usually companies of XXXX size have to inform the employees XXXX amount of time before a layoff, plant closure, etc. The MTSOs seem to get around this by sending an account offshore and then subsequently "starving" the MTs out so that they are saved paying unemployment because the MTs quit (rather than face eviction, starvation, deelectricization). Is this type of shenanigan legal?

If the MT incurs a gradual or sudden, substantial - loss of income due to

[ In Reply To ..]
lack of work, could the MT pursue a just-cause resignation and unemployment compensation?

Biggest issues (sm) - MT

[ In Reply To ..]
The big ones I can think of are companies stating you are to check for work every X minutes, yet not paying you for the entire time they have you checking, which is the law. The other is hiring as IC and treating as employee. You might want to contact the IRS while you're at it.

I just posted the above. See the link inside. - MT

[ In Reply To ..]
The examples given clearly indicate to me that employers that expect you to check for work periodically are breaking the law when they're not paying you for the time you spend checking.

http://www.thehumanequation.com/en/news_rss/articles/2010/waiting-to-be-engaged-or-engaged-to-wait-the-fair-labor-standards-act-makes-a-distinction-do-you.aspx

Much obliged! nm - ex-milquetoast

[ In Reply To ..]
!

Boy do I agree with that one - anon

[ In Reply To ..]
I could not agree with you more. ICs definitely should contact the IRS in droves. ICs have the same demands as employees placed on them (schedules) with none of the benefits.

That is one battle that could be won.

IRS Form SS-8 - 20-Point System

[ In Reply To ..]
x

Piece rate employee - anon

[ In Reply To ..]
Just found this. We are "piece rate" employees and this is the opinion of an attorney


******The Fair Labor Standards Act has special rules regarding piece rate workers. Piece rate workers do not have to be compensated hourly (so technically you do not need to be compensated for "down time" as you say); however, employers must keep track of hours worked because piece rate workers are not exempt from overtime provisions. It is up to you as the employer if you want to require them to sit and wait for work or go "off the clock"? If they are sitting and waiting for work, you need to keep up with their hours, even if they are not transcribing. _*****

So, in a nutshell, do your research based on the type of employee we are (piece rate) to determine if you have a leg to stand on. Looks like not. As long as they keep track of our hours and pay us overtime (which they make sure we never get).

And I interpret that the opposite of what you said. - anon

[ In Reply To ..]
To me it seems to say that if you are required to be on the clock- remember all the phone calls people get if they're even in the bathroom too long- they are required to keep that timeclock ticking.

Right - anon

[ In Reply To ..]
Yes, they must keep track of hours worked. The reason for that is because they are required to pay us OT. Not hourly OT, but OT based on "piece rate." We do not get paid hourly. Any argument on that one?

They are not required to pay us an hourly rate for any down time. They just simply must track hours "worked" whether we are "working" or not. yes we are required to sit there and they can require us to sit there and not get paid, just so long as they keep track of those hours.

This is not "my opinion." This was the assessment of an attorney who specializes in employment law.
The labor laws seem to read differently - sm
[ In Reply To ..]
The Supreme Court ruled if anyone who is covered by the Fair Labor Standards Act, which I believe even piecework is, must be compensated for sitting and waiting for work.

http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp

"Time which an employee is required to be at work or allowed to work for his or her employer is hours worked. A person hired to do nothing or to do nothing but wait for something to do or something to happen is still working. The Supreme Court has stated that employees subject to the FLSA must be paid for all the time spent in "physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer of his business."

-and-

"Hours worked include all the time during which an employee is required or allowed to perform work for an employer, regardless of where the work is done, whether on the employer̢۪s premises, at a designated work place, at home or at some other location."
Exceptions - anon
[ In Reply To ..]
Okay, you win. Your righteous indignation trumps the actual law.

There are exceptions based on your classification.

It's in the law, but whatever. You can't argue when points of law are ignored to bolster your opinion.

Dig deeper.

Again, just my opinion.
You're the one that insists it exists. I showed you mine.... - you show me yours. nm
[ In Reply To ..]
x
What you wrote is - how I know the law to be.
[ In Reply To ..]


An employee who is compensated via an hourly rate is entitled to minimum wage, overtime, and waiting-time pay. An employee who is compensated via piece rate is entitled to minimum wage, overtime...and ineligible for waiting-time pay? Why? The MT who is paid via piece rate and the MT who is paid via hourly rate share a common denominator: they are both classified as employees. 

An IC is paid via piece rate. The IC is ineligible for minimum wage and overtime and waiting time pay, not because the IC is paid via piece rate, but because the IC is not an employee. If the IC agrees to be available to work until 3 p.m. and runs out of work at 1 p.m., no waiting-time pay. If the employee runs out of work at 1 p.m., she should receive waiting-time pay because she's an employee, regardless of piece rate or hourly rate.


An employee who is compensated via an hourly rate is entitled to minimum wage, overtime, and waiting-time pay. An employee who is compensated via piece rate is entitled to minimum wage, overtime...and ineligible for waiting-time pay? Why? The MT who is paid via piece rate and the MT who is paid via hourly rate share a common denominator: they are both classified as employees. 


An IC is paid via piece rate. The IC is ineligible for minimum wage and overtime and waiting time pay, not because the IC is paid via piece rate, but because the IC is not an employee. If the IC agrees to be available to work until 3 p.m. and runs out of work at 1 p.m., no waiting-time pay. If the employee runs out of work at 1 p.m., she should receive waiting-time pay because she's an employee, regardless of piece rate or hourly rate.


Why would an employee's status change to IC when there's no work, i.e., no waiting-time pay? I'm unable to connect the dots on this. 

Only check for work if you are clocked in, - to get credit for the time
[ In Reply To ..]
(engaged to work), because you are entitled to overtime pay after you have logged in 40 hours.

I wonder what that attorney would say about - companies that have a higher minimum - sm

[ In Reply To ..]
daily line count quota than can be met in a reasonable 8-hour day's work. And when the employee works 11 hours with no break in order to achieve that minimum in order to keep their healthcare insurance, and only gets paid for 8 regular hours, and NO extra hours, since they're not allowed to put those down on their time cards, I wonder what the attorney's and the labor board's reaction to that little employee-ripoff would be?

Sounds like a big back-overtime check. - Good luck.

[ In Reply To ..]
x

Simple solution - x-MTSO

[ In Reply To ..]
Contact your employer tomorrow and tell them you want to be paid by the hour. $10 would be a "fair" wage given the current economic climate, right? that way, you're paid to post on message boards, you're paid to flip laundry, you're paid to fill out your time card, you're paid to feed your dog, you're paid for spaces, you're paid for demographics.

Research what it means to be paid piece-rate :) Sheesh, you'd think all you guys just fell off the turnip truck.

Try being an EMPLOYEE in any other field, and doing all the kvetching you do. Then let us know how it feels to be "heard."

Maybe you need a refresher on being an employee. - Turnip Trucker

[ In Reply To ..]
Actually, in no other employment are you told to sit at your desk and wait for the work, piecework or no, and not get paid for it. If the employer (that's the MTSO) wants us sitting in that chair available to work, piecework or not, they are obligated to pay for it. That rule does not change for homeworkers to Walmart greeters. Can you imagine if the Walmart greeter had to clock out when he was not actually greeting anyone?

And apparently you don't value your skill set as much as I do mine. I'm worth a lot more than $10/hour.

And, just to be clear, if people have to sit at their desk all day during their shift, say 8-4,waiting for work, and then have to "flex" 4-5 hours into the rest of their life to make the required lines, and still have to get some sleep sometime, when exactly are they supposed to do all these wondrous things?

You don't seem to get it - anon

[ In Reply To ..]
It's the law. They are not "obligated" to pay us for down time. Period. End of sentence.

They can indeed require us sit at our desk and not work. All they are required to do is keep track of those hours we sit at our desk doing nothing. We choose to sit at our desk not working for them. We are not slaves. We can leave if we want to. None of us are literally being held prisoner by these MTSOs.

This is the law. Read it. Consult an attorney. Until then, you cannot go on what you think is "right" or "fair" or what "other" businesses do. This isn't a normal business. We are not hourly or salaried employees.

Yeesh, again just my opinion (other than it is based on the Fair Labor laws).
I suggest a re-read of the law for you. - sm
[ In Reply To ..]
I don't know if it's a new decision or what, but the Supreme Court says you must be paid for the time spent waiting, not just have that time tallied for OT computation.
Dig deeper - anon
[ In Reply To ..]
You need to consult an employment attorney.

I am pretty sure you are wrong. But hey, maybe you really are smarter than all those fancy well educated lawyers the big MTSOs surely have working for them.

IMO.
Is that why the one biggun ended up paying all that back wage? If you insist MTSOs are exempted - go Missouri and show me. nm
[ In Reply To ..]
x
That was for OT - anon
[ In Reply To ..]
OT is one of the things they MUST pay us for. Thus the whole time keeping thing while we sit at our desks not getting paid and not working, which p.s. is legal.

"pretty sure"? Well now THAT sure says a lot. - Oy
[ In Reply To ..]

True. If you're a receptionist and no one comes - in the door that day, you still get paid.

[ In Reply To ..]
Same thing if the phone doesn't ring. Granted, you may eventually get laid-off, since if the phone ain't ringin' and the door ain't swingin', your company is probably about to go under. But you would STILL be entitled to be paid for the time you sat there, waiting in vain to the phone to ring or a customer to come in. You did your job.

MTs do theirs every day, and get cheated out of portions of their pay every day. I'm sure that, if an investigation of this business looked at every company and every MT in their employ, you would find that every single one of us is getting cheated out of at least part of our pay. Even those of us who don't know it, or worse, who refuse to believe it.

Skill sets - x-MTSO

[ In Reply To ..]
"And apparently you don't value your skill set as much as I do mine. I'm worth a lot more than $10/hour."

Actually, I value my skill set immensely and I'm paid for it. I average $35/hr and I'm happy with that. I also do not choose to work for a company that tells me to sit and check for work. When a company I was working for did that, I sent out the resume and within two weeks was working with a company that had work. Why the MTs keep working for such companies is beyond me.

Finally, another reasonable human being - anon

[ In Reply To ..]
It is hard to speak logic and reason when people are angry and don't want to hear the facts.

Lots of emotional arguments here, few cold hard truths and facts though.

MTSOs are not breaking any laws. Read the Fair Labor Act as it pertains to piece rate employees.

Go have a consultation with an attorney specializing in employment law. Then we can chat (as soon as you are done crying that is).

Again, just my opinion

Read the Fiar Labor Act as it pertains to interstate communications. - sm

[ In Reply To ..]
Any industry that engages in interstate commerce according to their definition falls under the purview of the Fair Labor Act.
OY - anonanonaona
[ In Reply To ..]
piece rate employee.

nuf said.
If you're sure the exemption exists, please post the link. - nm
[ In Reply To ..]
x

So, tell us. Why are you such a big MTSO-fan? - Youd think they all wear halos or something.

[ In Reply To ..]

x-MTSO - x-MTSO2

[ In Reply To ..]
I so agree with you. I have never heard so much whining in all my born days.

That just goes to show ya, - s/msg

[ In Reply To ..]
You can take the person (management) out of the suit, but you can't take the suit out of the person.

Once you've sold your soul to join that little club, I guess you've in it for life.

Typical management reply. ESPECIALLY in thinking - $10/hour for MT is a "fair" wage.

[ In Reply To ..]
.

Ever heard the expression - x-MTSO

[ In Reply To ..]
tongue in cheek?

Although if you check, most "clerical" positions right now would pay that. And like it or not, we're clerical.

x-MTSO - now I know why you are an x-MTSO

[ In Reply To ..]
I guess by your comment I can see why you are an x-MTSO. If I am an employee (and I am) and I was working in house punching in and there was no work all day I would still be paid my hourly wage as I am there and available for work. The employer does not get to decide what is paid for and what is not paid for when you punch a clock. You are paid for every hour you are there and take nonproductive time for the hours there was no work.

Punching a clock makes all the difference. I live in Michigan and I have checked with the Labor Board here and what ever it takes to complete the document is what we have to be paid for by Michigan law. So if they don't want to pay for spaces I say lets not give them any, don't want to pay for demongraphics, lets not fill them in, etc.

It is attitudes like yours that hurt us to unite and stand together for fair treatment. A sweat-shop is a sweat-shop no matter how you look at it and we work in sweat-shops.

If I were an MTSO (or ex-MTSO), these days I'd be - embarrassed to admit it. n/m

[ In Reply To ..]

Please keep it civil so this won't be removed - ex-milquetoast

[ In Reply To ..]
I just wanted to get a few suggestions to beef up my inquiry into this. If I find out it's to no avail, then I will find that out. Please let's stay civil. Thank you.

Agree Civil - anon

[ In Reply To ..]
Listen, I wish we were legally eligible to be paid for "down time."

Please do consult the labor board and post their reply.

I do not believe they are obligated to pay us based on the piece rate exception in the Fair Labor law, however, I at least admit I am not a lawyer and cannot say with absolute certainty I am interpreting the piece rate section 100%.

No sense in anyone getting all hot and bothered when no one here knows with absolute certainty what the law is.

Just my opinion, but I cannot wait to hear the result of that phone call.

David vs. Goliath = good idea - Laree

[ In Reply To ..]
You have a great point. I have one other to add: Expecting e-mails to alert supervisors when there is a problem case, but not paying us for this. We DO have to stand up for what is right, no matter the repercussions!

Not being paid when you sit there with NJA all day. - Not being paid overtime when worked.

[ In Reply To ..]
Not being paid for templates, even when we have to basically re-type most of it because of all the exceptions.

Not getting paid for paragraph headers.

Not getting paid minimum wage, even when our work for the day (or week or month or whatever) didn't even amount to minimum wage.

Being offered so-called overtime, but with all sorts of strings attached. Like you have to do a certain number of lines in order to qualify. Never mind that you had to work overtime, just to achieve those lines in the first place, since you were given a lot of labor-intensive accounts with high ESLs, SR disasters, or demographic labyrinths to plod through.

Having to write "8 hours" on your time sheet for a day where you worked 12+. That one really burns me.

Not getting paid to sit through boring meetings and useless training sessions.

thank you for your helpful reply nm - ex-milquetoast

[ In Reply To ..]
*

On my account we are required to look up fax - numbers and then fax rpt.

[ In Reply To ..]
This is very time consuming and not productive.

Wow, that's a new one. Thanks. nm - ex-milquetoast

[ In Reply To ..]
!

The ultimate goal then would be - anon

[ In Reply To ..]
to change our employee classification from piece rate to hourly wage employees.

I have a feeling a lot of us would be big losers in that scenario. They would probably try to literally pay us all minimum wage. Make us all have web cams to make sure we were sitting at our desks the entire time.

It's a bad situation without any great options.


Multiple ways to resolve the issue. - sm
[ In Reply To ..]
If companies didn't overhire, it would help the problem. If they didn't have everybody flexing all over into everybody else's shifts, it would help the problem.

Or they can pay an hourly wage, perhaps in a tiered system and go back to having incentives. Those of us who have been doing this for a while started hourly and then went to production, which is great as long as there is work. But if the MTSOs are going to overstaff and then insist on a line count that cannot be obtained during the scheduled shift, hourly is really the only fair way to compensate for thumb twiddling.

It may actually enable people that require a second job to get one, too. It's hard to get a second job when the first job has you stuck flexing there for 10-12 hours, and it's not always reasonable or realistic to be jumping back and forth between jobs 1 and job 2.
Hourly Employee status - anon
[ In Reply To ..]
I used to be hourly also but they never gave us incentive for going over minimum lines.

If they went to hourly you can bet they would monitor our every move. You would be required to sit in that chair for your entire shift, which is fair if they are paying you to sit there. Webcams and spyware on your computer would be mandatory.

I am not sure that is what most of us want.

However, my currenty company is absolutely breaking the OT law right now. They make us work our entire shift to "keep checking" for work. Then we are only to log the hours we actually "produced" work. They are a smaller MTSO and I suspect a big lawsuit if anyone has the guts to turn them in. This is a clear violation!
A lot are spying already, even w/o hourly wage. - sm
[ In Reply To ..]
Several of the companies already have installed software on the computers that lets them know when XXX amount of time passes without an entry being made in the platform. If you read through the board, there are numerous instances where people have left the platform open and up on the screen, went to go BR, grab a sandwich, cup of coffee, etc., and work called because they hadn't been typing for the last 5 minutes.

I know my own platform is continually monitoring something but I cannot get them to confirm that they are actually monitoring whether I'm transcribing or surfing.

And when I worked hourly, we had a minimum amount required which was waived when there was no work. Putting in 8 hours and walking away without having to worry about my insurance being pulled, knowing I could make an appointment in my supposed-to-be time off without having to flex into it, etc.
Just sayin - anon
[ In Reply To ..]
In a perfect world, we would be paid according to our skill set and for hours dedicated to the company. I agree with you on the face of it. They DEMAND we sit at our computer and if we don't we are threatened with dismissal. Seems like we should get some sort of reimbursment for that.

However, I just don't think it will happen. And, if some sort of huge legal decision came down against the MTSOs in our favor, they would simply change the way they do things and in the end we would once again get the shaft.

MQ's class action lawsuit provided what benefit exactly to MTs? MQ has become almost unbearable to work for according to the posts. They weren't actually financially reimbursed, they ended up getting some stupid software that was worthless.

I am one of those who chooses not to rock a boat that I am in. I still do pretty well pay-wise and really my only concern is for me and mine. So, really it just irritates me when other people do pointless things that further endanger my job. I don't want even more work being off-shored and I don't want my wages to get even lower to satisfy people who can't cut it.

Just my opinion.

Don't know if you'll see this, but..... - sm
[ In Reply To ..]
What good has happened by NOT standing up to them? Considering they are taking away jobs anyway and sending them either to ASR or overseas, they are requiring people to be more flexible than Cirque du Soleil, forcing people to use PTO when they have no work, and even cutting pay, what exactly has been gained by grabbing one's ankles and smiling?

Ninety percent of The MTSOs are screwing over 100% of their US MTs. I don't blame you for not wanting to do it actively, but I think it's wrong to be angry at those that want things set right.

My biggest hope is that those who are retirement or disability eligible cause a major ruckus on the way out, and that our government starts rewarding the companies that keep jobs on US shores to the point that it becomes worthwhile for them to keep us doing the work.


Similar Messages:


According To US Dept Of Labor
Dec 15, 2012

Recognized as top career choice by US Dept of Labor Statistics, "employment of medical transcriptions is projected to grow faster on average compared to all other occupations through 2014." In addition, with new health care legislation, adding nearly 50 million people to health insurance will definitely increase the demand for more transcribers.   What a crock. ...


Found This Under Dept Of Labor.....
Aug 07, 2012

Off-the-Clock References The Fair Labor Standards Act (FLSA) requires that covered non-exempt employees receive at least the minimum wage and at least one and one-half times their regular rates of pay for hours worked over 40 in a workweek. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work. The amo ...


I Will Be Contacting My State's Dept. Of Labor.
Aug 19, 2010

Last pay check, I did not receive the PTO I requested in SS and was granted by my CCM. I contacted payroll immediately. Mind you, this happened to me once before.  It took 1 email and 1 phone call and I had a check the very next day. It is now a week later.  I have been around and around with payroll and my CCM.  FINALLY, yesterday, I get an email that they owe me the PTO and will add it onto MY NEXT CHECK. I don't think so.  That is money that I earned and am entitl ...


Waiting On A Call Back From Dept Of Labor
Oct 07, 2010

I would encourage everyone to call their local DOL about this issue. When we sit here for 20-30 minutes typing a job and lose it due to no fault of our own, we should be compensated for the time that we sat here.  I left a message for my local DOL, hopefully will get a call back, but it seems to me that constitutes not getting paid for hours worked, which is illegal.  If anyone else has checked into this, let me know. Thanks! ...


US Dept Of Labor Back Wages Payment
Jul 31, 2013

Anyone else get a sweet check from K&R for back wages and a letter from Department of Labor? ...


Shouldn't All MTSOs Be Investigated By The Dept Of Labor?
Apr 04, 2015

Landmark:  They were sued with a class action for FLSA violation, for "willfull and reckless" nonpayment of overtime in 2011.  I have not seen a suit for minimum wage.  Anyone aware of any suits besides the one against Landmark?  ...


313-226-7448 616-456-2004 Call Either Number For US Dept Of Labor
Sep 19, 2012

Called state DOL and was given these numbers for US DOL because the company grosses over half a million a year.  I called and left message regarding OT practices at Nuance.  Will update when I get a call back.  ...


Alpha Feeder Approaching Level?
Aug 20, 2010

Is there such thing as an alpha feeder approching level? ...


End Of Quarter Bonus Time Approaching....
Jun 20, 2014

It's almost the end of the quarter and just for the heck of it, I checked my post-audit Fiesa score today - I am well over 99% accuracy right now.  With about 10 days left in the quarter, what do you think the chances are that they will find enough reports to bring that percentage down below 99%......I would be curious to know how many of us right now have over 99% and how many will have it at the end of the quarter...... ...


I'd Like Opinions On The HITECH Act Fast Approaching Deadline Of 02/17/10...sm
Feb 07, 2010

“The Health Information Technology for Economic and Clinical Health Act (HITECH Act), enacted in February 2009, …expanded the reach of HIPAA, extending it to business associates effective February 17, 2010, and imposing nationwide notification requirements for breach of unsecured protected health information (PHI).  Business associates will also now be directly obligated to comply with the security rule of HIPAA and implement security policies to safeguard electr ...


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 ...


Does Anyone Know The # To Payroll Dept?
Oct 21, 2013

I no longer work there and need to get in touch with them.  Need a copy of W2 and did not have to file a tax return because I did not make enough and do not have a copy of the W2.  Need it for financial aid.   ...


MM Help...how To Contact HR Dept?
Sep 23, 2014

Not sure if I'm just drawing a blank or if I'm going crazy (or both), but didn't our old email system (before IPSWITCH Imail Server) have a bunch of different sections, specifically how/where to contact Human Resources? Can't seem to find it anywhere and the old email system won't let me log in....? ...


Epic - Changes In # Of Staff In HIM Dept?
Mar 07, 2013

Hi.  I am in my third week of employment as a coder!  Yay!  I am learning a lot, still going to school FT, and commuting 1 hour each way to work.  I am the "low man on the totum pole."  We are starting to train for Epic which is supposed to be going live in a few months.  Has Epic affected the work load in that there is a reduction of coders/transcriptions where you work?  Just wondering.  I do other clerical duties such as pulling charts, abstracting, and ...


Anyone Have The Phone # For The HR Dept At MModal?
Aug 18, 2013

I would appreciate it. Need it for applying for UE tomorrow. Any help...thanks. ...


Email From IT Dept At Imedx
Dec 02, 2014

I just love emails from IT department at imedx. It is like solving a puzzle to figure out what they are trying to communicate. More fun and sparkle added to my day! Message to Imedx: Hire 1 English as first language IT person to commicate with your US employees. Just fuels my belief that despite what I have been told, you have NO intention of keeping me on as an employee long-term. This is just common sense, which in my opinion most of your decisions so far seem to be greatly lacking! P.S. Sure ...


HIPAA Violation? My HMO's Records Dept Accidentally Sent
Jan 10, 2015

instead of my own.  I called and told the person (it was the exact person that I had send the records)  and he acted like it was no big deal -- he just goes, "oh could you bring that back here today?"  Of course I will bring them back, but I think it was funny how he made it seem like there was nothing wrong with the scenario.  He probably thought I had no idea about HIPAA.  ...


What Dept Is Notified When A Patient Leaves AMA With Equipment Attached
Oct 12, 2011

? ...


Labor Day
Sep 01, 2014

Today is paid at time and a half correct? ...


Labor And Delivery - Help
Mar 24, 2010

s/l  ...  ciesis at term, onset of labor pains... Thanks! ...


OB Help (labor Problem)
Aug 17, 2010

Doc says: "Cesarean was done for s/l arrest of dilatation and descent."  OB is my worst specialty.  I can never figure this stuff out.  Does anyone know if arrest of dilatation and descent is right? I googled and found a couple of variations on this, but nothing absolute. Thanks in advance. ...


Labor Day Is Meaningless For MTs. For Us,
Sep 03, 2010

I don't even really know what the holiday is supposed to be about.  I've been an MT for so long, I can't even remember the last time I had the day off on Labor Day.   As a result, I haven't really paid attention to, or even cared, about what it's supposed to be.  From what I can see, living near a large body of water, it appears that Labor Day is about drinking beer to the point of major intoxication, and then crashing your boat in ...


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 ...


SBE Or SVE Was Complete During Course Of Labor
Apr 14, 2013

nm ...


Labor Trafficking
May 06, 2014

to consider MTs are victims of labor trafficking? And to the obvious comments about no one forcing MTs to keep their positions or don't be a victim...  This profession has been demolished by the greed of MTSOs and MTs were not part of the conversation (unless they were small MTSO owners who sold out or AAMT employees who sold us out).  MT has become an abusive and degrading job to have, no longer a profession.   Skip to main content U.S. Department of Healt ...


Labor Day And OOW, But Couldn't Have It Off?
Sep 01, 2014

I knew it....I am not a moron.....hiring all these MTs for these accounts, running OOW on a regular work day.....did they think we would all stay busy on Labor Day?  I am disgusted and am taking the day off.  I ask about being off.......NO.  Don't you think that managers could make schedules knowing the work is slow?  Let people off if they ask, making sure to have at least 2 MTs on in case some work comes in?  That is too easy a fix....let everyone just be OOW and ...


North NJA On A Normal Day, What Will Labor Day Be Like? NM
Sep 01, 2011

nm ...


Labor And Delivery Websites?
Oct 13, 2011

Anyone know of a good site for labor and delivery terms?  I can't seem to find one that has anything beyond laymen terms. Thanks in advance! ...


International Labor Partners, What Do They Do?
Apr 19, 2012

I've read on here previous comments about the ILPs not having the skill set to perform straight transcription/editing, and if that's true (and I tend to believe it myself), then exactly what is their purpose in the industry? Can they churn out the line count (or way above and beyond line requirements)? Can they create/edit a document that is ready for release to clients? Who QAs their grammar, punctuation, spelling (in correct English)? Can they precisely transcribe OR reports, car ...


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 ...