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anyone had successfully filed a claim with the Department of Labor regarding unpaid time? - mt70

Posted: Oct 03, 2013

I was wondering if anyone had successfully filed a claim with the Department of Labor regarding unpaid time waiting for jobs or being "engaged to wait."

I have often wondered about this - as well...

[ In Reply To ..]
but there must be some loophole to this, or many transcriptionists would have tried to use this before. I am suspecting that it has something to do with us being paid for "production." We only get paid for what we actually do, not for the work we are waiting for, but I am not sure. It is just a thought. It would be nice though!

The loophole is that they give us options - curiousMT

[ In Reply To ..]
to either sign off and take the day off, flex our hours, or take PTO. If they told us to work only our regular schedule and there was no work and no other options then they would have to pay for the time waiting for work. Cheap, cheap, miserly corporation.

Engaged to wait applies only to in-house positions. - I have researched the law

[ In Reply To ..]
Unfortunately, telecommuters are waiting to be engaged because the assumption is you have freedom to go do other stuff. Although, at least for our line of work, we know that isn't exactly true for us. We are entangled in the web of a law that works better for other telecommuting occupations. I am sure big business lobbied for this very well.

Just isn't fair for us MTs. Supposedly we have a schedule and this "make up" time requirement is ridiculous. I can just hear the fat cats above cackling.

I further investigated, and it isn't illegal to make us use our PTO if we don't have work! Technically, we can even be called into to work even if we are on PTO! The laws are very slanted towards businesses making money.

With all due respect, I think you have misunderstood - curiousMT

[ In Reply To ..]
what you have read or you have been given incorrect information. Please refer to the DOL website for the correct info.

waiting for work - Ari

[ In Reply To ..]
I was told (now it is 7 minutes) but we had to wait 15 minutes and if no work we do the sign off/sign on game and you can "choose" to sign off for the day or sign off/sign on as you fight each other for work. They fired me in August because "I was part-time" I am now getting unemployment and am so much more relaxed without working for this company. Somehow the money ended up being half, but not buying headache medicine has made up for that LOL. They don't have to pay you while you are sitting there waiting except for a few states, who say you have to be paid a minimum of 4 hours and I am sorry I don't know which they are, but if you want ANY work have fun sitting and waiting...... Something I did learn from Unemployment is you can get partial unemployment if you are not getting your full days work. So if you are scheduled 40 hours and you only get 20 you can get unemployment for those 20 hours you didn't work.

Since you have researched the law - Nick

[ In Reply To ..]
Could I impose on you to provide a couple of case citations? This would help me greatly (and would help me help other MTs). I am not doubting what you are saying--just interested in to how you got to where you are with the research. Thanks!

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