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NJA and Work Availability. Different for each account? - Am I paying to work for here? CaliMT

Posted: Nov 24, 2012

I'm so mixed up. What I read here about no jobs available and what we are being required to do is much different.

Originally we were told to check for work every 30 minutes and could enter 30 min of work availability, but had to stay all shift. The following day after doing this we get an email that says that was wrong and we can only have 15 min work availability and the time cards would be corrected to take out that extra 15 min originally instructed to include.

Now the policy is 15 min job availability only and then check for work throughout shift and can't just get up and leave. Only after the shift is over can we put in for PTO, excused absence, or make up the time to cover the time we have to sit without work.

I'm from California and the policy that was sent says MTs in certain states, California being one of them are to include their state and number of hours without work.

If I have to sit for my shift watching for work and then can only take PTO after 8 hour shift to cover it, doesn't that equate to me paying to work here?

sm - lil

[ In Reply To ..]
You need to take it over their head if that is what they are telling you. You only wait 15 minutes and if you don't get more work then you can take 1 of the options, BUT you do not have to keep checking back your shift. You just take off for the day if that is what you choose to do! These CCM's are full of bull and will try to get away with anything to keep their bonus!

I thought if you were in California, they had to - pay you minimum of 4 hours

[ In Reply To ..]
They CANNOT require you to keep checking back every 30 minutes unless they are PAYING you to check back. You only have to wait 15 minutes of no work, then put in a ticket in Remedy and state what you want, either PTO, make up time, or released from work. It is that simple and I would keep those emails from your supervisor and take it above their head. They cannot change the rules in different regions. It is a company policy.

California NJA policy is in the HR Policy for - sm

[ In Reply To ..]
Work Availability in the message below - it's on MM intranet.

California Industrial Wage Commission law regarding Reporting Time Pay - MilspMT

[ In Reply To ..]
You can read up on California law regarding Reporting Time Pay here: http://www.dir.ca.gov/dlse/faq_reportingtimepay.htm

Also, you can read the Industrial Welfare Commission wage order #4 here: http://www.dir.ca.gov/IWC/IWCArticle4.pdf

Section 5 covers Reporting Time Pay. Of note in the order, "This order shall apply to all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis,..."

Piece rate is included in this order, so working production does not make MTs exempt.

What about MTs in other states not listed? - Are we out of luck? NM

[ In Reply To ..]
x

Yes, we are out of luck. Only get 15 minutes of - minimum wage in your state

[ In Reply To ..]
That is it.

CA NJA policy - fedup

[ In Reply To ..]
In the state of California, they must pay you half of your shift. If you are scheduled to work 8 hours and you log in and there is NJA,you get paid for four hours at your benefit rate but if you are scheduled to work 8 hours and you work five and then run out of work, you don't get paid any more money since you already worked half your shift.

Don't get that option of deciding to not work - at Nuance. NM

[ In Reply To ..]
x

Then do they pay you an hourly rate to keep checking - back when no work?

[ In Reply To ..]
If not, that needs to be addressed! Its illegal not to pay you if you have to remain on the job.

Then do they pay you... - happy at MM

[ In Reply To ..]
Unfortunately, while you work at home, that eases some of the labor laws that pertain to people that commute to work as opposed to those that work from home -

Working at home does not ease the labor laws. If - you are employee status no difference.

[ In Reply To ..]
Whoever told you that is full of it.

Working at home... - Happy at MM

[ In Reply To ..]
In WA State, if you work at home for an outsourcing company, there is no penalty against the company if they run out of work and you have to sit in front of the monitor for 12 hours to get an 8 hour shift in - been there, done that and I am NOT full of it.

Log onto MM intranet and go to Departments, - sm

[ In Reply To ..]
Human Resources, Policies, and in lower right-hand column there is a section for HR Policies for MTs. Look in there for Work Availability Policy. Explains what to do. Only need to wait until 15 minutes is accumulated, either all at once or throughout a shift.

see message - buddymt

[ In Reply To ..]
All time reflected below shall be compensated at the minimum wage rate for Employees who reside in Massachusetts, New York or the District of Columbia. Employees who reside in California, New Jersey, Rhode Island or New Hampshire shall be compensated at their Benefit Rate. The time spent in â��Work Availability Issue Resolutionâ�� shall be included in the hours below:
ï�� California: The Employee shall be paid for half the usual or scheduled dayâ��s work, but in no event for less than two (2) hours nor more than four (4) hours

Thank you. Interesting as I've never been paid according - to this during NJA.

[ In Reply To ..]
Aren't CCMs or TSMs trained in correct procedures, timecards, etc? This is really discouraging knowing now how many hours I've lost out on during NJA.

This is exacctly why another law suit needs to be brought up - I also lost a ton of hours due to

[ In Reply To ..]
My CCM not entering it correctly because she gets a tongue lashing from upper management when there are too many people with NJA. For 2 years I am missing my NJA pay and I had a LOT over that time.

didn't this come up in your training? - buddymt

[ In Reply To ..]
I remember we had to download this info to our computers. I have all this in a file on my desktop from training and updates. It was probably the trainer when I started working for MQ that told us to do this and of course there have been very many different trainers and CCMs/TSMs through the years.

We didn't have Medquist training. We were a buy out and - I guess still our own group.

[ In Reply To ..]
I don't know. We were sold this merger as it would be better as far as benefits and opportunities but obviously those benefits and opportunities don't apply to us.

I think we are in same region. Emailed HR with no reply. - My next contact is dept of labor.

[ In Reply To ..]
Let them explain to them why it's ok to require employees to sit through their shift uncompensated to monitor their system while they party and enjoy their holiday. I'm also in California and interested in finding out about the required pay someone mentions below. This is MModal's fault since they put these TSMs in place who obviously have no training on company rules and protocol.

I can't believe they didn't give buyouts - buddymt

[ In Reply To ..]
any training. That is just not right. Sorry about that.

California MTs - MModal MT

[ In Reply To ..]
A lot of MTSOs don't hire California MTs and this is probably one of the reasons. I'd say proceed with caution because the last 2 companies I worked for didn't hire employees in California and a few other states. I just would hate to see you out of a job if MModal decides it's not worth the hassle to employ CA MTs.

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