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


313-226-7448 616-456-2004 Call either number for US Dept of Labor - sm


Posted: Sep 19, 2012

Called state DOL and was given these numbers for US DOL because the company grosses over half a million a year.  I called and left message regarding OT practices at Nuance.  Will update when I get a call back. 

Be very careful. Unless Nuance... - Des

[ In Reply To ..]
forced you to work OT w/o reimbursement -- forced by telling you in writing that you'll lose your job if you don't work that OT -- then you're only going to succeed in getting yourself fired for voluntarily working over 40 hours per week (regardless of the reason) against company policy. This may not end up being the case, but you should consult a labor law attorney before you proceed.

? This doesn't make sense - sm

[ In Reply To ..]
You're telling me that I will probably be fired for asking a question of the DOL and that I should be careful and contact a lawyer that I can't afford first? That makes no sense. I just want to make sure their practice of calculating OT is correct. I'm not afraid to get fired either.

Also, it's possible, though not probable, that - sm

[ In Reply To ..]
It's possible that they should, by law, be paying *real* time and a half, i.e. my line rate is 8.5, then my OT rate would be 12.75. Now, for that I would work OT. This company is just oppressive, and while I'm on my way out the door, I'm going to try. I am definitely not going to sit on my hands and act like I should be lucky to have a job and be a timid little mouse afraid of retaliation. That doesn't scare me at all. What scares me is doing nothing.

To OP, I understood your post to mean - Des

[ In Reply To ..]
that you're working over 40 hours (or planning to) in order to make up lines lost due to NJA or inability to make quota, or to make up wages lost due to pay cuts. These MTSOs know it's against the law to make us work over 40 hours per week w/o compensation. They also know that most MTs are going to do it anyway because we simply can't afford not to.

The problem is that if you're already doing this and you're thinking about filing a complaint or claim for unpaid OT wages, these MTSOs will bring up your log-ins and log-outs and if it shows you're logged in to their system for more than 40 hours without permission for the OT, they might have a legal right not to pay you or they can most definitely fire you on the spot for violating company policy. If you're fired in this manner, it can affect whether or not you're eligible for unemployment benefits.

I suggested seeking the advice of an attorney (often the 1st consultation is free) just to make sure you're doing the right things in the right order. It really does matter.

Am I the only one suspecting this is a suit doing damage - control? Trying to scare employees? nm

[ In Reply To ..]
x

I'm the OP. It just made no sense to me at all. - nm

[ In Reply To ..]
x

OMG, there you go again with your paranoia about "suits" - NM

[ In Reply To ..]
x
The only way NOT to be paranoid about suits is to - actually be one of them, yourself.
[ In Reply To ..]
So.... might that be you?
Seriously, call your local mental health provider. - nm
[ In Reply To ..]
x
If she's paranoid, you're extremely naive. - NM
[ In Reply To ..]
x

That's what it looked like to me... -nm- - Meerkat

[ In Reply To ..]

When you require a minimum production rate that - cant be met any other way than -s/msg

[ In Reply To ..]
working overtime to achieve that rate, then yes, it's forced. And if we list the true hours we worked, they tell us to "adjust" our time sheets. (Wink-wink!)

For most of us, staying within the 8-hour time frame guarantees we won't meet the line count minimum, and we'll get fired anyway. It's a catch-22.

They want it both ways, but I think the Dept. of Labor would see things differently.

They are going to get back to me - op

[ In Reply To ..]
They admitted that they were used to dealing with people who make an hourly wage, and I told her that is why I feel it's important to find out if this is being done correctly (OT calculation, that is). She is going to research and get back to me. For those interested, I will keep you posted.

If you are unable to meet the minimum production - requirement that you basically

[ In Reply To ..]
agreed to upon hire, why would it be on the company to pay you OT to meet it? It may just be time to consider another job, profession or company. I can see the OT issue is one is meeting their requirement but working extra at the request of mgt to keep accounts in TAT. That is where the OT issue would come in, not to compensate an employee for falling short of their obligation to do the job they hired on for.
not sure how it works on your account, - but on mine...
[ In Reply To ..]
Anytime that you "volunteer" to work OT b/c they are out of TAT or close to it, once you have your hours over 40, they mess w/ your Q and it is then filled w/ dictations that make it nearly impossible to make your LPH or any minimum requirements, thus you then lose your OT pay. This DOES HAPPEN and happens to me all the time. I have good work until I am over my 40 hours and then all the sudden, I can only pull the worst dictations.

For you to say consider another job or profession, perhaps you have NOT worked on some of the worst accounts that some of us are facing on a daily basis w/ decades of experience behind us. Amazing how we are to support one another and yet some come on here and are just crude!!
I should also add...its more than OT - what about what we are NOT
[ In Reply To ..]
PAID TO DO. I am sure most of us have received an email recently that we are to edit the work and then go back through the edit reading it a second time to make sure it is all correct..we are ONLY getting paid for hands on key time for the original edit. We are not getting paid to check our emails, check FIESA corrections, email/IM verifications, re-read what was already done, etc, etc. This all equates to unfair labor practices. If it is expected of us to do to be able to do our jobs, then we should EXPECT to be paid to do it!!

This all also equates to lower LPH when we have to take time to do these things during our normal working times where we are to be hands on keys. They do NOT account for the time that it takes to go back over the dictations, especially those that are that bad that need to be reviewed over and over again just to get some of the blanks before being penalized to pend it.

So if there is a suit on here or somebody that wants to make a nasty comment about our pay or our ability to do our jobs...think about how much you like WORKING FOR FREE and how much of that free work time means you now have to work over your 40 hours to make your REQUIRED line counts and get paid a small wage to do it...if you get the wage increase that is at all.


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