A community of 30,000 US Transcriptionist serving Medical Transcription Industry
California rest break FYI - Labor code 226.7, section c
Posted: May 15, 2015
"(c) If an employer fails to provide an employee a meal or rest or
recovery period in accordance with a state law, including, but not
limited to, an applicable statute or applicable regulation, standard,
or order of the Industrial Welfare Commission, the Occupational
Safety and Health Standards Board, or the Division of Occupational
Safety and Health, the employer shall pay the employee one additional
hour of pay at the employee's regular rate of compensation for each
workday that the meal or rest or recovery period is not provided."
Which means they will force you to take 1 hour break - instead of having to pay. Other companies do it
[ In Reply To ..]x
No. They have to pay 1 hour for every day that they did not - pay you for a rest break.
[ In Reply To ..]It only comes into effect regarding back pay. Basically, pay for two 10 or 15 minute breaks per day on a regular basis or in the future you will pay for 1 hour per day for every day that you did not provide the rest break pay.
It is not a lunch break - SM
[ In Reply To ..]I think it's 15 minutes for every 4 hours you work. So for 8 hours a day, they should pay 30 minutes at your PTO rate.
You are misunderstanding - Fedup
[ In Reply To ..]Labor code clearly states PAID breaks are required. When we stop typing and go get our coffee, use the restroom, et cetera, our pay stops, therefore this labor code is being broken. Nuance stating that breaks are factored into our line rates is admitting ILLEGAL practices, but most people are too intimidated by Nuance and assume they need a costly lawyer to recover money owed, and are frightened of retaliatory punishment. Even though we are paid piece rate, labor code still applies and anti-retaliation laws still apply.
Also, when your computer goes down and you spend hours on calls with support, you must be compensated for that. I will also be logging in under a non production code for the reporting minimum time of 2 hours for OOW situations.
For everyone assuming Nuance will just stop hiring from California, maybe they will, but why do you want to help them continue to screw us over by not following the law? It's already clear Nuance wants to switch to a cheaper Indian work force, so why sit back and make it easy on them? Money is what matters to them, so let's force them to pay us what we are due.
For those in other states that do not have fair labor laws, I encourage you to push for them. Nothing is going to change without a fight.
It says to provide the break OR 1 additional hour of - pay that rest break was not
[ In Reply To ..]provided. So, they will react with mandating that a 1 hour rest break be taken (unpaid) to meet law. This is part of the reason (as well as OT laws and min wage) that a lot of companies don't hire workers from California.
If you pushed it, yes, they'd probably be in a position to settle out for past claims though regarding breaks.
They should also be following state laws regarding out of work situations, but they don't. Certain states have certain min hours required to be paid if the employee shows up to work and there is no work to do. Think how much that would equate to in back wages owed.
They will not mandate a 1 hour rest break. The 1 hour - ONLY comes into effect for past pay.
[ In Reply To ..]nm
Similar Messages:
7-day Rest .. Or 7 Day Rest - Would You Hyphenate According To BOS?
Jan 25, 2010
x ...
S/l IV Rest Or Ivy Rest
May 17, 2010
This is a patient who has a rash and the doctor says, "She is using s/l IV rest on it." Any clue???? ...
Ball Rest?
Aug 31, 2010
The patient was placed at s/l (ball rest) and sent home on s/l (prenal) nutrition and is readmitted for colectomy. This dictation is so fussy. Can you help please? ...
Foot Rest
Jun 10, 2011
A while back I saw a post on here where an MT was advertising a foot rest that her husband was making that enabled transcriptionists to elevate their legs while still using the foot pedal. I believe it was taken down before I got the info. Does anybody know where I can get in touch with her? Thanks. ...
MedScribe No Different From The Rest
May 15, 2012
I thought I had a great job transcribing for a specialty clinic in Chicago, but lost it to speech wreck. MedScribe lied and told us it was a computer upgrade for Chicago, but now I'm left here with no work because it all went to speech wreck. I would have changed over to another account but I was sucked in and believed about the upgrade. Now I have no work. Anybody else?, because I have an attorney and he would like to hear from all of us. This industry is ...
Rest-all? Restol?
Sep 14, 2013
Has anyone heard of what s/l "Rest-all" - placed over bony prominences to protect the skin? Thanks! :) ...
S/L Rasp Or Rest
Nov 20, 2013
This 84-year-old female presents with a history of intermittent and variable expressive aphasia with apparent intact receptive capability. I believe that her intermittent episodes of speech ___(s/l rasp or rest) and repetition are do to her underlying expressive aphasia, and I do not find any evidence of an underlying epileptiform etiology. ...
A QC Question For The Rest Of You
Dec 18, 2014
For simplicity's sake, let's say I get a postaudit and it's 90%. Is my QC for the week 90%, or is it the one 90% audit averaged with my other work? OR, if there were 2 post audits, one being 100% and one being 90%, is it 95%? This is something I never got a clear answer on. I'm not sure they know lol. ...
Rest Breaks
May 15, 2015
Does M*Modal pay for rest breaks? ...
Escription Versus The Rest Of Us
Nov 18, 2009
There's obviously an apples and oranges difference between Escription and the rest of the VR editing softwares out there. Those who are on Escription - bless your hearts - you are very fortunate. But if you haven't done VR on another platform, please stop trying to tell the rest of us we are obviously doing something wrong if we can't easily double our lines with VR. It just isn't happening for most of us. I have worked in transcription for 30 years - ...
Keyboard Wrist Rest
Jul 20, 2011
I cannot type without a wrist rest for my keyboard. I had a good one and cannot replace it as they no longer make it. Can anyone suggest a good one? My old one was 19" long and about 2" deep. Thanks so much! ...
Elevated Bath Rest
Oct 18, 2011
"...Coumadin, Percocet, Lovenox, and *s/l elevated bath rest*, as well as a scopolamine patch to apply prior to surgery." This is for preop total hip arthroplasty. Thank you for the help! ...
Just Ran Out Of Work, Wondering If The Rest Of You Are
Jul 25, 2012
still dealing with this. I am so limited with available time after my shift and it's so hard to make all this time up. I thought things were picking up a bit but here I sit....... ...
Do The Rest Of You Find, Being Paid Only Per Line,
Nov 06, 2009
Another poster stated they only get paid when they type (just like the rest of us). Since going from per-hour to per line wages, I've been finding it nearly impossible to take any kind of a break whatsoever, whether it be a day off, or an hour break. I make so little at this, that all I can think of while doing anything other than typing, is how much money am I losing. Do you, too, start feeling guilty about unchaining yourselves from your desk for even the short ...
Working Every Sunday For The Rest Of My Career
Apr 18, 2012
We are required to work a full-time schedule that includes either Saturday or Sunday, every weekend, forever. The only time we can take a full weekend is if we take a PTO day. But the problem is that we don't get paid holidays anymore (unless we work), so we are almost forced to take many of those as PTO days. Our sick days come out of our PTO days. I guess what I am saying is that the thought of having hardly any full weekends "forever" is very disheartening. The company ...
One More Time For Transcend – Then Maybe We Can Let Them Rest In Peace
May 10, 2010
For all you Transcend haters – more fuel for the flames. This is PUBLIC record – nothing confidential here. No need to comment on the validity – this is straight from the Court records. By the way, they are in talks and have hopes to acquire 1 or 2 more companies THIS YEAR. Is your company going to be one of them? No one is safe!!! LET THE RANTINGS BEGIN ENJOY !!!!! Plaintiff TRS Institute, LLC, complaining of Defendant Transcend S ...
Wondering How Long The Rest Of You Sit Here Earning No Money (sm)
Mar 27, 2013
clocking in and out. Punching in and typing 1 or 2 resports, clocking out, a job downloads, clock in, type, NJA, clock out. Punching in and out is time consuming and affects the little line count that I am getting!!! I've been doing this now for 4 hours and I'm done. Fire me, PLEASE, but I am not sitting here without consistent work punching that stupid time clock in and out all day long and not getting paid. I have much better things to punch. I'M SO ...
...unifocalization Of The Pulmonary Arteries With (s/l) Rest-ellar Repair. NM
Jun 26, 2012
NM ...
How Often Do You Take A Break?
Jul 18, 2010
I was just curious how often you get up to stretch your muscles and move around, etc. I am trying to every hour or so take a 5 minute break or my muscles in my upper back and neck start to ache. ...
What Happens When You Break A Job?
Jan 10, 2011
x ...
California MTs......Is There Anyone Out There Who Has
Jan 30, 2011
had difficulty finding a job with an MTSO and suspect it is because you live in CA (they probably don't like the fair worker's laws we have here, ie, having to pay our benefit rate for OT, having to pay for NJA, etc). I'm addressing any MTs who have RECENTLY gotten hired by an MTSO AND live in CA. Not ones who live in CA (like me) who have had their jobs for over 3 years or so........ ...
USING THE BREAK FUNCTION
Nov 10, 2009
Have you ever used the break function simply because you had a dictator that was so horrible that you got frustrated and sent it back? I know that we are not supposed to do this and that MQ supposedly keeps track of how many breaks we use but I have to admit I have done this no occasion. I had a report so bad a couple of weeks ago which was over 1000 seconds long and an ESL doctor, not to mention scratchy sound, etc. About halfway through this thing I had already spent nearly 2 ...
California Dreamin
Dec 12, 2009
Does anyone know if MQ has "cost of living adjustments" in different parts of the country or if everyone in the US makes about the same line rate range? We were thinking of moving to Ca from Texas. I know I make barely enough to keep my head above water here in Texas. Wondering if the Ca MQ transcripitionists make more? ...
California Transcription?
Feb 19, 2010
Anyone have experience with this company? Know much about it? Thanks! ...
Hey, Kiki, And Other California MTs
Mar 02, 2010
I, too, live in California. I'm a level-3 MT, getting mostly ESLs and other difficult dictators. I've brought my QA percentage down from 22 to 20% but it's impossible for me to go any lower with what I'm being routed. It looks like our job description has changed dramatically. Because of these new changes imposed by corporate, I'll now be getting paid 3 cents less through no fault of my own, but a different job description, not what I was hired to ...
CMT= +0.005 CPL, Or 55,000 Lines To Break Even
Mar 25, 2010
It was 275- for the exam when I took it, valid for 3 yrs. It took 2.5 hrs of my life, plus driving time to the big city. Worth it? Maybe for job hunting. ...
Financial Help In California
Apr 28, 2010
Because of our situation with MQ if anyone finds that utility, rent has a shut off notice you can dial 2-1-1 and they will assist you on taking care of this immediate need. ...
FutureNet In California
May 13, 2010
Does anyone presently work for or in the recent past worked for FutureNet out of California? They are currently hiring and I would like to know of anyone's experience working for them either as an MT or an Editor. Do they have plenty of work, pay on time, nice to work for, is the pay rate decent, etc. Yes, I have searched the Archives, but would like more recent information if available. Thanks in advance to anyone who can supply this. ...
California Transcription
May 15, 2010
What is wrong with these people??? I am looking for anyone who has had or does have experience with this husband/wife team. I am having a very hard time working at this place and I need to know what the deal is with these people. Are they just RUDE or what?? ...
Summer Break
May 28, 2010
How do other mothers deal with summer break when their kids are out of school as far as working for a company? Do some companies let you have summers off and then return in the fall? Do some MTs change their schedules around possibly doing work at night, etc? Any companies better about this than others? ...