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


Here is our problem. It's the labor laws that need updated. - Abused and Underpaid


Posted: Nov 27, 2012

According to the US Dept of Labor, we are considered piecework employees.  Please see below from the US Dept of Labor website.

Please note, this is now illegal in the garment industry, and this is why most garment manufacturers are overseas/outsourced.

It is legal as long as the pay the employee receives adds up to at least minimum wage for all the hours they spend working, at any speed, slow or fast, and correctly and incorrectly. 

Some economic experts say that, "An easier way would be to pay minimum wage and then pay a bonus for every piecework done correctly and no bonus for those that have to be discarded or redone. You have to pay minimum wage anyway."

WAGES/INDUSTRIAL HOMEWORK AND PIECEWORK

Under the Fair Labor Standards Act (FLSA), industrial homework (also called "piecework") means the production by any covered person in a home, apartment, or room in a residential establishment, of goods for an employer who permits or authorizes such production, regardless of the source (whether obtained from an employer or elsewhere) of the materials used by the homeworker in producing these items.

The performance of certain types of industrial homework is prohibited under the FLSA unless the employer has obtained prior certification from the Department of Labor. Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry, if there are no safety and health hazards. The manufacture of women's apparel (and jewelry under hazardous conditions) is generally prohibited. All individually covered homework is subject to the FLSA's minimum wage, overtime, and recordkeeping requirements. Employers must provide workers with handbooks to record time, expenses, and pay information.

But we're required to enter lots of "pieces" they don't pay us for... - nm

[ In Reply To ..]
x

Production of goods - Anonymous

[ In Reply To ..]
MTs do not "produce goods," we provide a service. To classify us as piece work employees is incorrect.

Technically telecommuting - D

[ In Reply To ..]
We are not seamstresses. That law was set up for women who sewed garments out of their home. We are actually just telecommuting. We have supervisors, meetings, training, deadlines, hours that we HAVE to work, a time clock that we must punch, etc. We are technical workers. That law does not apply to us. This whole thing could be argued very well. I agree, we do not produce goods. We are all telecommuting because then mmodal does not have to pay for things like desks, computers, electricity, office space, etc. If we did work in a building doing "piece work" it would be called a factory and yes, we would have laws that cover things like minimum wage, breaks, vacation, etc. We are not factory workers in our homes or out of our homes, we are professionals and we are merely telecommuting. We have laws that apply to us. Those labor "pieceworks laws" were put in place for factory workers and do not apply to us.

I agree with you, BUT according to lawyers we ARE under that law - anon

[ In Reply To ..]
I have posted this before on the main page, and had consulted a lawyer in the past. (I am not the original poster). The lawyer stated that the laws needed to be changed, and that it had not been updated since I think he said the 1930s or 1940s, but at the current time that law DOES apply to us. I totally agree though with all of your points, and think it SHOULD be challenged in court, we need to get a willing lawyer to do so!!
We are supposed to be paid for EVERY keystroke, yet - sm
[ In Reply To ..]
we type CCs, addresses, dates, etc., into the ADT and do not get paid for them. They are not only screwing us, they are breaking the law. Period.
piecework - pookbina
[ In Reply To ..]
Think we all need to get together and work to change this.

Actually D - HLS

[ In Reply To ..]
Each report is considered the piece that we produce. You don't have to produce a garment to do piecework.

Each report is a piece. - NM

[ In Reply To ..]
NM


Similar Messages:


Question About Labor Laws And IC Rights.
Nov 20, 2012

I had a check bounce from a client as I am an IC. I was wondering if I have any rights as to file a complaint with the DOL or the BBB? Any and all info. will be appreciated. TIA ...


CA. Labor Board States "Good Case" Regarding Unpaid Labor
Jun 22, 2015

A fellow MT posted on the Nuance board that she contacted the California Labor Board regarding unpaid labor.  I hope this case creates a precedent!  For me, some jobs are so laden with problems half my time is spent researching and correcting dictator errors - for no pay!  We are not paid to check email, answer email, train, review of all the documents emailed to us, review changes in procedure, doctor exceptions to the rule, working with tech support, reviewing QA, searchin ...


The Laws Of Transcription: Law # 387 -----
Nov 20, 2010

Law # 387 "The Blown Eardrum Factor": When you are faced with transcribing a report where the volume is so low that you can barely hear it, even with both your computer's volume and your transcription software's volume turned up AS HIGH AS IT WILL GO, it is an absolute certainty that you will have a dictator who coughs loudly into the microphone throughout the dictation. ...


Question: If New HIPAA Laws Are Going To Come Down
Dec 23, 2009

sending a copy of the report to the wrong doctor, what about sending all this work offshore?  What am I not understanding?  If sending a copy to the wrong Dr. Smith constitutes a huge breach of security, then sending people's health records and personal information offshore constitutes a GIGANTIC breach of security.    ...


? About HIPPA And Privacy Laws
Jan 12, 2010

Is this more strict? or is it the same?  Am I freaking out for nothing new? According to some of those examples, I'm not even sure that normals and the repository are legal.  Doesn't it say that we are not allowed to save other records for examples?  And the fact that you can be fined if you ACCIDENTALLY see something or accidentally send something to the wrong doctor, which I know we have to be careful not to do, but what if it is the dictator who gives us the wron ...


Well, It Has Already Started, HIPAA Laws.
Feb 13, 2010

If we do not check our screen where patient name, info, attending, date of birth, blah blah blah is not correct or we did not check to make sure the dictator name is correct or attending name in the screen, of did not fill in attending or dictator for, this will have to be notified to HIPAA.  If company does not notify HIPAA that an MT made a mistake and did not correct patient name, dictator name, attending, etc., my company will be fined big time and possibly the MT too.  Honestly, ...


New Health Care Laws
Oct 05, 2010

With the new health care laws in the next 2 years, will IC become obsolete?  Won't these transcription companies be forced to provide health benefits and forced to have employees?  Or will they still be allowed to just hire us as IC's? ...


MedQuist And Antitrust Laws
Sep 19, 2011

Just for info, I filed complaints with my congressman and with the FTC about my concern about antitrust issues and MedQuist.  I think it is okay to include this link, I did not see anything about not posting links.  If it gets taken off or anything just go to the FTC home page and look under antitrust.  Maybe if everybody files complaints with their own congressional representatives and with the FTC also somebody will take it seriously.  Anyway, it can't hurt. http://ww ...


Bullying Bosses-New Criminal Laws
Jul 22, 2010

Below is the link to a TIME Magazine article, which details new laws being put into place to finally crack down on bullying bosses, criminalizing their abusive treatment toward employees.  It's about time!  The article could very well have been aimed at any number of MTSO's who have screamed, swore, berated, threatened, and even physically abused us.  During the past seven years of an "employer's market" economy, bullying employers have gott ...


More Pay Cuts? New QA Rules/laws/regulations?
Dec 30, 2012

Don't you just love the communication at Nuance? Just received an Email regarding new QA rules (new hoops to jump through for bonus), so disgusted I just deleted the message. Bringing the E5 *in line with the rest of NTS*? I don't want to know how much better and faster we are all supposed to be with WHATEVER technology you push out.... I just wanta say that some of you people in management had better learn to transcribe. And WTH is the learning module "Speak Hawaiian"....what ...


IC Jobs Being Eliminated Because Of New HIPPA Laws?
Aug 15, 2013

Is anyone elses company elminating IC jobs because of the new HIPPA laws?? We were told that the new laws effect all ICs and that we can either do all this paperwork and training to become a businness associate or become an employee, which for me means losing almost $600 a month in pay! ...


My Updated TAA Info.
Jan 12, 2010

Unless and until I file for unemployment or have a letter from the Q stating a date that I will be laid off, I DO NOT QUALIFY FOR TAA. I was told that in order for them to consider PRE-LAY OFF status, I have to have a letter.  I was also told that becuase I only work part-time, and have a 2nd job, I will not qualify for unemployment, so I will not be able to qualify for TAA even if I get laid off. I have no idea how others on this board are getting meetings and information that they will ...


When Is PTO Updated In Teamwork?
May 27, 2010

It seems like my PTO has not been updated in the last 2 pay periods.  I have not taken any PTO and certainly have earned it.  Does anyone know when the new PTO earnings are applied? ...


Does Anyone If Mtec Updated Their Cds
Jun 23, 2012

Hi all. This is for anyone who's graduated from the M-Tec program recently or knows anything about M-Tec. Do they still have the same SUM transcription audios? I'm hoping they updated that part of their curriculum, and would like to know if that's been done yet. thank you. ...


Updated Software?
Aug 30, 2013

Does Nuance ever mail out updated software, like the Stedman's dictionaries for Word and such?  I got a copy when I was hired, but that was a long time ago.   (I'd ask my supervisor, but I speak to her out of office message more than I do to her!) ...


Updated Fluency
Dec 08, 2013

Don't you just love (ha) this new fluency putting in even our subheads now taking away yet more line.  I just did 3 reports, used the old way of counting and boy is it a bit short because all my red heads, subheads, were in already, what a way to make us get yet a smaller payck.  Way to go MM.   ...


Updated My Resume, Now What?
Sep 21, 2014

It looks good and I am so proud of what I have accomplished in my ____ years of employment, but I am not sure where to look.  Any suggestions?  Wanting to expand past MT.  Thanks. ...


Age With New Updated Version
Dec 21, 2014

Isn't the latest Fluency upgrade supposed to put the correct age of the patient within the body of the report, or did I misunderstand?  I've had 2 incidences where the age was wrong and still had to figure it out for myself. ...


Updated MTStars Job Board?
Jan 27, 2010

Why is the most recent job on this website from October 2009?  Do they mostly put their ads on MT Jobs??  Just wondering.  ...


Updated Information On ANP Transcription?
Jan 31, 2011

I'm wondering if anyone has some updated information on ANP transcription? I've searched and found some older info regarding late payment, low rate. I've passed their tests and have transcribed focus groups before, and right in their contract it states how often they pay and the rate, so I'm clear on that. I'm not trying to make a full-time job of this gig, just some extra money. It's always scary to hear some bad news about a prospective job, but it didn't se ...


Updated - Couple Questions...
Feb 08, 2012

I am doing some research and have a couple questions: How much would YOU charge clients if you are using a speech recognition platform for editing their dictation? Also, what would YOU pay your ICs for editing the work? Thank you in advance... :) **I have edited this post to add the following** Lets try this scenario thenâ€Â¦ Say you are an MTSO that has been in business for many, many years and are fairly well established in your local area. Your docs current ...


KEYSTROKES - Any Updated Information?
Feb 28, 2012

Any updated information would be appreciated on employment with them! ...


Updated Reviews On AssistMed?
Apr 22, 2015

Does anyone have any updated reviews on AssistMed?  Considering leaving one of the big ones for them.  Good or bad idea?  Any input on the "new rehab account" they are staffing? Thanks   ...


Updated Teamwork And Proficiency Emails
Nov 18, 2010

I just got 2 emails, one describing the new improved Schedule Source, and the second saying they will be sending us e-mails evaluating our proficiency in ASR reports and giving us recommendations for improvement.  Anyone want to bet they think these proficiency tips are going to lead to increased production and an excuse for the next big pay cut? ...


What Companies Furnish PC's, Need Updated List
Nov 18, 2014

nm ...


EORTC Trials Updated By S/L Bulla - Cancer - Sm - Ty
Jan 06, 2011

Androgen deprivation therapy should be considered for at least 6 months and potentially for 2-3 years based on randomized data from the EORTC tials, which has been recently updated by S/L bulla to show improved 10-year disease free and overall survival without increasing cardiovascular toxicity. ...


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 ?   ...


Updated Info On Transcription South In Clearwater, Florida?
Sep 18, 2012

Hi, I was wondering if anyone had any new and updated info on Transcription South, Inc. in Clearwater, Florida. I was doing a little research before I interview with them. Anyone worked with them before? ...


Labor Day
Sep 01, 2014

Today is paid at time and a half correct? ...


Labor And Delivery - Help
Mar 24, 2010

s/l  ...  ciesis at term, onset of labor pains... Thanks! ...