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


Checked legality of docking pay during PM - unfortunately legal


Posted: Jun 01, 2015

Because we are hourly employees, the can legally punish us during PM as long as they pay us minimum wage. Drop me to a penny a line, and I'm out of here no matter whether or not I have any new job prospects! I haven't gotten past the first level of PM, but with the capricious way they grade and a mere 2 minor errors will flunk an audit, not matter how hard you try, you are always in imminent danger. Unless... you are amongst the lucky ones with proper ASR output. I think I am going to quit most of the editing and straight type HPI, assessment and plan, etc. I am already straight typing lab data. Sometimes I retype all the medications because that is faster that putting in all the commas. My QA audit scores soar when I straight type. Too easy to make human editing errors caused by the way the human mind works. "Below is what I found online. I haven't checked to see if California has additional laws that would protect us. Employers are increasingly using paycheck deductions as a way to penalize staff for subpar performance or workplace infractions. Their ability to legally do this depends in large part on whether you are an hourly or salaried employee. If you are paid hourly, then it is pretty easy for your employer to dock your paycheck. The biggest limitation on this practice is that the deductions cannot drop your pay below the federal minimum wage."

As for me, I am not hourly - anony

[ In Reply To ..]
I get paid production.

Not hourly here either... - nm

[ In Reply To ..]
I get paid by the line.

California - sm

[ In Reply To ..]
Not sure if this helps.

We are hourly, at-will employees. Hour rate _based_ on production. - legal

[ In Reply To ..]
PTO based on hourly. Pay period based on average hourly production. Otherwise, you could get a high count during 1 hour with high pay and then minimum wage next hour with bad reports. I will bet our paychecks might be higher if we were paid for each hour rather than average.

what are you talking about? We are not hourly - employees. Only our PTO is hourly.

[ In Reply To ..]
Your post doesn't even make any sort of sense. They use an average over 6 months to figure our PTO pay, but we are not hourly employees. My paycheck shows how many lines I did times my rate of pay. There is nothing hourly about it.
Yep, hourly implies you make the same amount per hour - sm
[ In Reply To ..]
consistently. God knows we do not. We are piecemeal workers.
You are right - MT
[ In Reply To ..]
We are certainly not hourly..if we were our pay would be the same every payday.

hourly? - Effie

[ In Reply To ..]
I don't think production pay is considered hourly pay. I just came back from sick leave and my job's short term disability company refused to pay me short term disability because they only paid "Hourly" employees and my pay did not qualify as "hourly"... so yeah, I did not get paid for SIX WEEKS of sick time after my hysterectomy.
Are you kidding me? - anon
[ In Reply To ..]
What's the point of having it if they won't pay. I have both short and long term. So, virtually I am paying for something and getting nothing? Oh great.

Thanks for that - Val

[ In Reply To ..]
I would speculate that if a lawyer could obtain many of these horrible, terrible "error reports," he or she would probably laugh his or her ass off. A skipped a, the, or space is not a crisis. A rewording may conform to the rules of English. And if he or she could listen to the dictation, he or she would chastise the company for (a) not assuring quality in the audio we type and (b) for the company's fantasy expectations. I would think the case could be made that each and every report is individual and therefore cannot be used as a "teaching tool," so "performance management" is a fallacy. I think a case could be made that this is all a ploy to withhold more money from the transcriptionist. I wish I knew a lawyer.

No matter where you live, or what you think you are - hourly or IC, you should look into this. SM

[ In Reply To ..]
What's it going to hurt, to check it out and make sure?

The worst could happen? You get nothing.

The best? You screw them over and get paid without docking.


Similar Messages:


Legality Behind $12 An Hour Limit For PTO
Nov 30, 2012

Has anyone checked into the legality of more and more MTSOs wanting to limit the PTO pay to $12/hour maximum even if you average making more than that? It doesn't seem right to me that they're getting by with "robbing" those who are high producers on PTO pay. ...


Laptop With Docking Station, Can You Use Footpedal?
Jan 07, 2012

I am shopping for a laptop to work on.  I just found that I can buy a docking station to hook into my bigger monitor and use wireless keyboard and mouse, but has anyone used one before with a footpedal?  I'm hoping that using a docking station doesnt somehow interfer with using a footpedal.  Let me know what your experience was or if you know anything about this please. ...


Re Docking Pay For Not Meeting Accuracy. It Is Back To
Jan 09, 2012

the accuracy level but instead of taking responsibility for that, turns it around on the MTSO as being wrong for penalizing them for not meeting the company's accuracy expectations.  You know what they expect and you know what the penalty is if you cannot meet that expectation.  How is that wrong on the MTSO's part?  You cannot control the actions of the MTSO, you can only control your own actions and if you cannot meet accuracy, how is that a problem of the MTSO? ...


Instead Of Docking Us For Not Understanding And Leaving Blanks
Oct 27, 2013

for rushing through reports like they are on fire?  Makes sense to me! ...


Legality? This 1 Cent Per Line QA Punishment
Aug 21, 2014

Has anyone reported MModal (or Nuance, I think Nuance does it too) to the Department of Labor for this QA crap?  I only make 0.04 and they're taking 0.03 !?  I don't think so.  I am so angry.  Responses appreciated.  Thanks. ...


Can Someone Please Explain The Legality In Only Paying For 88% Of Transcribed Lines?
Dec 14, 2014

How is Nuance able to legally justify paying only 88% of typed lines?  I am really curious if anyone has any indea how that can be done.  They are obviously trying to get transriptionists to leave in significant numbers.  There must be some motive we are not seeing.  This must be some attempt to get transcriptionists to leave in large quantities.  What other explanation could there possibly be? ...


OK, I Checked My Statistics For
Mar 04, 2010

1-1/2 days of work.  Out of 50 reports I sent 4 to QA (none of which were able to be filled in by QA). The reports I sent to QA totaled over 200 lines!  I did the calculations (lines done divided by lines sent to QA x 100) and I came in over 10%. It is a no-brainer...MQ says they trust me to make the decision to send blanks to QA or the customer, so I will no longer be sending many reports (especially the long ones) to QA once this process is put in place.  I was a ...


Frequency Of Being QA Checked
May 25, 2010

How often does your company QA your work? Mine seems like every week.... ...


Checked Ultipro
Dec 28, 2011

Lowest one ever.  ...


Wow. Just Checked The Deenibeeni And Other
Jul 10, 2012

What a kind helpful attitude deenibeeni offered, her taking the time to try and help others, which only opened her up to all the rude obnoxious comments.  No wonder the office environment was not my cup of tea.  Shame upon shame. ...


I Just Checked Out An Advertisement
Jun 01, 2013

It was a full time position as an IC, hourly wage.  Wages advertised were $10 - $11 per hour.  Education qualifications:  MASTERS DEGREE!!!  yeah, like anybody with a Master's Degree is going to type insurance forms for $10 an hour....give me a break!!!  ugh. ...


Just Checked - Red Light Still On
Dec 15, 2014

Anybody care to join me for an egg nog?  Hot toddie?  Hot buttered rum? ...


Her Stool Was Checked For **glyac**? -nm
Feb 16, 2011

nm ...


ABGs Were Checked: Pier To 128?
Feb 19, 2011

what is he saying? ___:128   ...


Has Anyone Checked With A Lawyer About MM Not Paying For CCs And
Nov 26, 2012

demos when we're required to spend time searching and entering them?  How can we be required to spend hours and hours a week searching & entering "required" information but not be paid for that time or those lines?  Would it be a labor lawyer? ...


Just Checked The Nuance Board. Maybe It Is
Jan 01, 2014

the lesser of 2 evils because I don't see any posts about NJA over there. ...


Oracle? Last Time I Checked They Had Very Little Work
Mar 10, 2010

and I wondered if that ever picked up?  Have heard good things about them but need steady work. thankyou ...


For Entertainment Purposes, I Checked FIESA
Jun 30, 2012

Lots of messages about time stamping my blanks.  Uh, sorry no can do.  If I realize towards the end of the report I have more than allowed blanks, then I have to RELISTEN to the report in order to get the time stamps. If I go ahead and time stamp 1 or 2 blanks and that's it, then I have to go back and erase all the time stamps so they don't show up in the report. So, therefore, I am not time stamping my blanks.  Time stamp this. ...


Has Anyone Else Double Checked Their Line Counts Lately?
Oct 11, 2013

I used to have no problems getting 200+, now have all I can do to get 150 and have been written up for same.  I do not see any change on the policy.  Anyone else? ...


Checked FIESA To Find A Report I Did
Dec 14, 2014

a report with poor sound quality and one of the worst dictators I have ever come across in my 15 years as an MT.  She was ESL (of course though they aren't all bad), and she kept changing her mind, talking to other people around here, dictating at the speed of light....you get it.....So, apparently I misheard her say "hemoglobin 7" instead of 11.  As you all know, that is a critical error.  And I guess it IS---However, in the case where the dictator speaks ...


Checked Team Metrics For Personnel Changes
Feb 05, 2015

Checked listing from end of November and then the last one last week and found there were 1 less numbers listed. I thought more might have quit.  I guess the ones who did weren't under my TSM.  We have it pretty good compared to some. I mostly did this to see if new people were added to our team and causing low work but that doesn't seem to be it. Low work today... OOW and had too much time on my hands I guess. ...


McKenzie Brace (scoliosis)...I Have Checked All Resources...see Below
Jan 28, 2010

I find many references to the McKenzie exercises for backs, but nothing specifically for "McKenzie brace."  Any help would be appreciated.  I have exhausted all resources. ...


Well I Just Checked A Report Against Microsoft Word Document Sm
Sep 06, 2010

and always MQ gave us more even just a little more in line count.  My line count was less than what it was in Microsoft.  So we are not getting paid for something.  Need to get out of this company and fast! ...


Checked Archives. Seeking Updated Input On
Jan 20, 2011

Are most people purchasing Instant Text (or ?)  to use in this platform or is BayScribe's expander user-friendly ?   ...


Just Checked Email. Required To Check For Work Every
Nov 21, 2012

Only punch in when there are jobs available and then punch out.  Check every 30 minutes, rinse and repeat.  Enough is enough.  Has MModal reached a new low (if that's even possible)? ...


Checked My Voicemails - No Layoff Call DANGIT
Jul 26, 2013

I honestly hope I get a call! Between PELL and TAA benefits, I might actually be able to pay some bills! LOL.....pray for me to get a call please! I wonder if we can request it??? ...


Acusis--Have Checked Archives. Can Find No Recent Info.
Jun 29, 2011

Thanks in advance. I am CMT with 16 years experience, currently working for a recently bought-out MTSO. I will probably test with Acusis this weekend. Is 9.25 cpl realistic for Acusis at all? What's the % cut for VR pay? I see they state a 12-hour window. Is 36 hours considered full-time? Are you paid for spaces? VBC? Is PTO decent? Again, thanks so much! ...


I Checked Posts And A Lot Of Messages Said This Company Paid "above Average" ...sm
Jul 02, 2012

so I applied ...... 7-1/2 cpl ST, 3-1/2 for VR.  Sigh.   In 1982, I made 10 cpl for a gross line.  I realize those days are long gone, but soon I will be flipping hamburgers. ...


"Replace As You Type" Will NOT Stay Checked...sm
Oct 29, 2009

in Word 2003.  I just reformatted about a month ago and have been fighting with this issue since then.  Every time I go into a new report, I have to recheck it but it doesn't always mean it will hold throughout the whole report.  This is SOOOO annoying.  I've done the research thoroughly and still cannot find any solutions.  Anybody dealt with this before and know how to correct it?    All help will be GREATLY appreciated so I can stop scaring my cats ...