A community of 30,000 US Transcriptionist serving Medical Transcription Industry
MINIMUM WAGE - IT'S TRUE ! HALLELUJAH ! - WithYouOnThis
Posted: Nov 28, 2011
I called my parents' lawyer; this post is RIGHT ON! MTSOs have used semantics to rip us off for the past decade. They DO have to pay minimum wage ! We do NOT work "production", as MTSO's claim. The term for compensation method regarding our work type is "tiered incentive"; there is an actual base hourly rate, which is what PTO 'per hour' time is designated and paid out at (in my case $12.00, almost $4.00 more than minimum wage in my state), and anything over and above a mandatory line rate per day is paid additionally as incentive.
If we let this issue die here, this industry dies and we are all dinosaurs, even those just out of school, because there will be no future.
You MUST check with employment law lawyers, not your state Dept of Labor; the DOL at the state level has been giving out the wrong information since at least 2002, because they didn't have the very definition of our duties.'
If we don't all act on this now, we are doomed. With the law on our side, any of us who accepts the newest low - which for one company is 0.024 per line for editing for US MT editors - we are cutting the throats of all US MTs in this industry, betraying ourselves, our fellow MTs. We watched editing go from 0.065 to 0.035 in years, and most of us just accepted it. We have watched carefully for the past 4 years, and VR has proven imperfect even after time. Therefore, VR editing will not be obsolete for several years to come, the OS companies have proven that they cannot submit work without editing, and now that we know that we didn't have to accept the crumbs they tossed us, it's time to collect our due.
Get 1 free question answered by employment lawyers - you'll find their web sites and phone numbers listed online by Googling Employment Law - then author and send emails to your employers (leads, supervisors and members of the board), include cc's to the Department of Labor in your state, as well as the federal DOL office in Washington, DC.
Only we can do this; we have seen that no one will champion our cause... not since AAMT went AHDI.
We're on our own; we must demand what we have worked so hard for, and that which is rightfully ours by law.
(p.s. ANYONE who calls me a whiner, disagrees with our need to move fast on this, or states it's not true, is either a frightened MTSO or an MT with absolutely no self esteem, one who would accept 0.024 and sell us all out.)
REFERS TO SGS POST MOVED TO COMPANY BOARD - WithYouOnThis
[ In Reply To ..]This post and info is in reference to an SGS post moved to the company board. Please read post there.
WithYouOnThis - Old Pro
[ In Reply To ..]GOOD FOR YOU! As someone who has always treated people who worked for me well and who was never out to be greedy, I applaud you and I support each and every MT who thinks he/she has been cheated to speak out, speak up, and DOCUMENT, DOCUMENT, DOCUMENT! Keep a daily log with times logged in and out. Print out hard copies of all memoranda from MTSO asking for extra time, saying they are out of TAT, etc. etc. Not many states have labor laws as tough as California, but I bet there is a lot that can be done. Don't be afraid. GO FOR IT!
God bless you, Old Pro - WithYouOnThis
[ In Reply To ..]Thank you so much for your supportive post. I want to make it clear that not all MTSO's are motivated by greed.
I have worked for companies which historically have paid employees much higher CPL than other companies - Keystrokes and MTP (both based in Illinois, owned by former MTs, and as far as I know, all work remaining in US) - and actually pay employees hourly wages on the most high maintenance accounts. For these companies, an hourly minimum wage requirement is moot, because their employees are treated fairly, and given the opportunity to earn up to 5 times more than minimum wage.
Every MT who reads this knows which companies are indicated; they need not be mentioned here.
California has more criteria, and very specific DOL laws in place, however, on a state to state basis, if you check the DOL sites, there are specific acts/laws regarding fair and equal wages for women and children, and other criteria into which we fit (won't tip our hand by listing them here).
The nay sayers are wrong this time. Let their hands become arthritic claws for $0.025 CPL if that's what they're willing to settle for. I'm not willing to settle for less than is fair and legal.
BTW, how many of you work for companies who outsource offshore, but their medical facility clients don't know? Also, how many medical facilities, clinics, and individual physicians are aware of the laughable level of quality which comes returns from offshore, and must be filtered through 2-tier U.S. QA to be made medically, legally acceptable?
seriously? - IC MT
[ In Reply To ..]If we don't agree with you, our opinion is invalid? LOL!
Some of y'all really REALLY crack me up.
Move fast. Let me know how you make out. You're being fed a bill of goods but not by your MTSO. (and I'm not at ALL a frightened MTSO or an MT with no self-esteem, STILL laughing out loud (seriously) at that pronouncement!)
Good grief - why is this even necessary? - just stirring the pot?
[ In Reply To ..]Is anyone really working for less than minimum wage? Why? Your pay? No work? Why are you tolerating that? They have a Job Seekers board on here that lists MT jobs every day, and that is only 1 source.
This particular poster, if it is the same one I see so often, is constantly trying to rally the very few MTs on this board to protest against the companies they work for, even if they are happy with their jobs. For some reason the MTs who are not happy with their jobs become everyone's responsibility instead of it being that MT's responsibility to improve their own situation either in the industry or not. Being profitable at this is certainly not possible for everyone, but that doesn't make their situation a duty or responsibility for other MTs to improve.
This must be owner of cheating company. Why else upset we - might take action against the cheaters? nm
[ In Reply To ..]x
Who is "upset?" Get over yourself. - sm
[ In Reply To ..]Certainly, any company who cheats on minimum wage should be called out on it. Have you ever heard of the Department of Labor? My point was, why would anyone work for a company like that in the first place. Not doing so sends the strongest message or "taking action."
Upset, really......?
The point of the original post was - to inform MTs of
[ In Reply To ..]their rights even if they've been misinformed by the Department of Labor. Of course we've heard of the DOL. We're not stupid. That's the first place I called when, after coming off unemployment and about a month into my new FT 40/WK EMPLOYEE POSITION, I started running out of work. I was put in a spot where I was sitting with no work and making no money; however, if I quit (that you be taking your advice about why would anyone work for a compnay like that, right?), I would be either ineligible for unemployment or it would have to go through a review process, after which I could still be declined. When I explained the situation to the dunce on the other end of the phone at the DOL, I was basically told that I was SOOL because I was paid on "production." When I explained that I was required to check my computer for 8 hours during a set schedule (actually comparing the situation to hiring a secretary for 8 hours a day and then not paying them because the phone didn't ring that day), I was again told that I was SOOL because I worked from home. When I asked if I would be entitled to partial unemployment if I had to go to an office, I was told yes. When you speak to the DOL, it's like talking to a wall, and I'm sure I'm not the first MT who has been in this situation... getting completely WRONG information from the DOL. They're useless.
The OP has gone out of their way to provide information that will benefit MTs who have gone through this which is greatly appreciated. Your post and the insinuation that we're too dumb to know what the DOL is, however, is not appreciated.
This is a double post and is against forum guidelines. - see message
[ In Reply To ..]You also posted on the Company board. Just one post please.
Anyone who MT/MEs for minimum wage - is making a terrible mistake.
[ In Reply To ..]Reading a lot of people yammering about this great victory--qualifying for minimum wage pay--is really depressing. It's not just the providers and MTSOs who are pushing incomes down, they're also being dragged down from the other direction.
If you can't make a living at this work, don't you really need to go find a job that will pay more than minimum wage? Almost all jobs that require genuine literacy and the most basic computer skills pay more.
The reason why MTs are making min - wage is because
[ In Reply To ..]the MTSOs are allowed to overhire and provide little to no work with no consequence. This is a victory because if they are required to pay employees at least min wage even if there's no work, it's a HUGE disincentive NOT to overhire!
Many of us are having trouble making a living because of the overhiring practice/NJA... not because we can't handle the work.
Also, if they're required to pay min wage even if the work is there, this is a disincentive for companies to hire multiple newbs at really pathetic CPL rates (which drags experienced MTs' CPL down as a result) where they can't meet the line equivalent of min wage hourly.
So, that would be 2 areas where this profession is being dragged down that would be affected (overhiring and starting at extremely low base CPL). Doesn't sound too bad to me.
No one is yammering, and there is nothing to be depressed about here.
Oops.. either take out the "dis" or - take out the not
[ In Reply To ..]at the end of the 1st paragraph. Sorry... it's early.
People doing this work for minimum wage IS depressing - to me and self destructive to them.
[ In Reply To ..]Sure, it's nice to not have to get made up and go off to work, nice to be able to take a break just in time for a favorite TV show, but for some that is clearly a path to destitution.
First, they spend their days at home because it's comfy and that's where they want to be, then they stay there because they can't afford to go anywhere, then they lose that home and move to a tacky little motel room a short walk from a laundromat because that's all they can afford. This isn't apocryphal--this is what happens. No money to pay even small medical bills that pile up. No money to repair or replace a broken car. No money to keep up on credit card payments. No money for the rent or mortgage.
Minimum wage is poverty-level income, as those who over time lose everything they have then try to live wholly on it tragically find out. Allowing oneself to slide into poverty and destitution IS a hideous mistake, especially when it's so avoidable. Even a job behind a counter at a local hardware store would do better.
Again... most of us are not working min - wage by choice!
[ In Reply To ..]We're making min wage OR LESS because of OVERHIRING because the MTSOs have been getting away with not paying us. What is there not to get here?? We're not talking about lazy or unmotivated workers or those who went to "matchbook" school so they can watch Maury and Springer during the day and type with their kid sitting on their lap (smiling the whole time). We're talking about MTs - like me - who have years in this business who log in on time every day to find NO WORK. We can't quit because we more than likely can't collect unemployment (again... advice through the DOL), and they won't fire us or pay us because they claim they don't have to. If the MTSOs have to pay min wage, perhaps they will think twice about hiring 20 MTs (just in case... to cover TAT) to cover work that 5 MTs could easily do and keep busy. Even better, if they have to pay us at least min wage, maybe they'll stop overhiring AND send back some of the gravy work sent to India to keep us busy while we wait for the junk to come pouring in that India and VR can't handle. Better yet... maybe they'll stop hiring 10 newbs at 4 or 5 cpl who can't keep up on production enough to make min wage so they can fire 2 of their higher-paid more experienced MTs.
When most are hired as FT/employee status, we are REQUIRED to produce a minimum (usually 1200 lines/day). Therefore, we calculate a base minimum that we will be making based on that (in my case, I should be making at least $96/day at a pathetic 8 cpl)... not great money, but better than min wage and better than if I was working at a local hardware store for $8/hour. I'm fully capable of producing 1800-2000/per day IF THERE'S WORK, and stopping NJA/overhiring process by the MTSOs is the only way to guarantee that.
But you are with this MTSO by choice. Unless you are - actively trying to get on elsewhere. nm
[ In Reply To ..]x
Do you work for the DOL? See details - in above post
[ In Reply To ..]Fine... have it your way. Yes, we all CHOOSE to work for MTSOs (not like we've had our hospital gigs completely outsourced to them and the remaining hospital gigs in town are slim pickins, but whatever), so they have the right to not pay us a dime when THEY DON'T PROVIDE WORK TO THEIR FULL-TIME EMPLOYEES. That makes total sense.
Happy now?
No, they dont have that right. Get on w/ different MTSO then take - the 1st MTSO to court. nm
[ In Reply To ..]x
Yes... we should all be nomads, gypsies, - travelers
[ In Reply To ..]so the MTSOs can do whatever they want to their FT employees and we try to take them to court (with all that extra money we have laying around and time on our hands to do so) based on the sound advice provided by the DOL (which was part of the reason for the original post... to inform MTs that the DOL is full of it). I guess we are the greedy ones if we're looking for a little something called job security... totally unreasonable. We should all hire on with an employer fully expecting to pick up and leave in a matter of several weeks to months (usually right around the time when the waiting period for bennies to kick in is up). Plus, mutliple short-term employment history entries makes a resume look fantastic!
More great advice.
Or you can all be victims. - nm
[ In Reply To ..]x
What about IC's? - Huh?
[ In Reply To ..]They don't pay us yet we have to sit for hours or days at times without work.
Well, as an IC, try calling the DOL - for help
[ In Reply To ..]Yeah, right.
I haven't worked IC in many, many years; however, that does not mean that I'm not sympathetic to the issues facing ICs as of late, specifically the pathetically low CPL being offered and MTSOs requiring ICs to work set hours (which is ridiculous). Basically the MTSOs have been getting FT/emp status from ICs without having to pay for it or offer PTO, bennies, etc. Again, much of this is the direct result of the overhiring process which cuts the need for ICs to be there. Why would they contract you (traditionally for a higher CPL and at your time specifications) when they have a whole bunch of employees they're not paying circling the work pool (usually for much longer than their required 8-hour work day to get lines in) like vultures waiting to swoop down and pick at work? Hopefully, if the overhiring process is stopped (by having to pay at least min wage to have FTers sit there), there will be an increased demand for IC status as well, and the ICs can start being compensated properly for such... no more of this low CPL/set schedule garbage.
Trust me... I feel for you.
Scat Hit Fan - 2, 3, 4, 5th MTs To Court - ItsSimple
[ In Reply To ..]...today. Apparently, when PTO is paid out as hourly, the wages must be paid in the same manner. Two MTs filed in court today in different states, one was fired for bogus reason without backup documentation, and one had lawyer meet with employer. All the same company.
Notice how quickly this post was buried? - karma
[ In Reply To ..]:)
What buried? Moving as other posts are made. Nothing - odd or different about that. nm
[ In Reply To ..]x
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