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
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I get paid production.
Not hourly here either... - nm
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I get paid by the line.
We are hourly, at-will employees. Hour rate _based_ on production. - legal
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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.
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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
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consistently. God knows we do not. We are piecemeal workers.
You are right - MT
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We are certainly not hourly..if we were our pay would be the same every payday.
hourly? - Effie
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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
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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
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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
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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.
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