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


PAID FOR DOWNTIME - WONDERING


Posted: Apr 14, 2010

Right now, I am sitting here because the platform is down.  Legally, does my company have to pay me for the hours I'm not working?   Their status is no, and work longer hours to make it up.   I'm tired of this.

Employee yes, IC no. - nm

[ In Reply To ..]
.

Good to know........ - wondering

[ In Reply To ..]
but it will never happen w/them.

downtime - mt

[ In Reply To ..]
in this case if you are employee, I would say yes. We had a huge platform/server crash at MQ for 3 days once a few years ago. We were actually paid for downtime. I couldn't believe it.

"down time" - Ex-MT

[ In Reply To ..]
It's a business tactic. Keep a log on your calendar when their "downtime" occurs. You will soon see a pattern and amazingly their "downtime" and "no work" claim occurs during the same weeks about the same time every month. That entire thing is BS. You can bet that the physician deficiency letters are not being sent out in order to make the monthly report look good to upper management.

As far as employee and IC being paid, well, if you are an IC and your contract states that you will be paid so much for so much time, they have to pay you, if they signed the contract. It is their problem if there is no work available -- they still have to pay according to the contract. Why do you think that organizations want to pay by the line. If you are an employee, they can abuse your paycheck anyway they want to; it will all depend on how ethical the employer is. From my experience several years ago, some healthcare organizations play some unethical tactics with their employees, especially the MTs. I have never been in a union, but I can say that a union in healthcare wouldn't hurt because I don't think that the business world can comprehend some of the tactics that I've experienced. (I have worked in both areas.) It is too late for any type of union or respect in the MT industry. The MTs themselves started running this "profession" into the ground more than 10 years ago by not respecting other MTs and undercutting pricing to get work.

No. They cannot force you to sit and wait. You also - can reasonably do other activities while waiting.

[ In Reply To ..]
nm

DEFINITELY yes if employee....if they refuse, turn them into - labor board in their state! nm

[ In Reply To ..]
nm

I think we are working for the same company - Long time MT

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The system is still down and it's 6:45 p.m.

I just looked at this post I started from yesterday. - wondering

[ In Reply To ..]
I checked the last time at 6:30 ET and the system was still down. Yep, I think we work at the same company! Sucks, doesn't it? !!

To settle this once and for all, call the US Dept. of Labor. - sm

[ In Reply To ..]
I did already. They told me that if I am on a set schedule and logged into their system during my set schedule, and I do not make enough during that set schedule to equal minimum wage for the 8 hours, then BY LAW the company has to pay at least minimum wage. I explained that they give us a set schedule that we are expected to work when they are swamped, but if there is no work available, they expect us to "flex" our time and come back later and work to make our lines. I also told her that the only time our employer accepts as "working time" is when we are physically typing in a report. They don't consider looking up demographics, researching terms or physicians, reading company emails, etc. as actual work time. They said at USDOL that this is totally incorrect. In fact, she was very interested in the name of the company and opened an investigation. (No, I cannot give name right now, but it probably will be known in the future.)

So, call the USDOL and state your case. We have to start fighting back, and the more that do this, the better our chances will be of changing the way these MTSOs treat us.


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