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Staying clocked in while OOW - Test

Posted: Apr 09, 2015

Has anyone ever stayed clocked in while OOW, like for an entire day and subsequently for the entire week. Of course, they would have to pay minimum wage, but I'm just wondering for how long???

Good for you. My acct is almost never out of work but I'd do the same - if it was.

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x

I have not done it, just wondering if anyone has. - OP

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If anyone has done that, please tell of your experience.

i haven't - thought

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of that, but you're probably on to something ?!?

It would not work and you would be written up. - They have a written OOW policy in

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place to protect themselves against this. I would follow the OOW policy and then if need be, file for partial unemployment for any weeks missing wages due to the OOW situation. Staying punched in will only lower your line count and probably fall under required and will lead to other issues. They have a written policy for a reason (to protect themselves).

CA has an OOW law that trumps anything N has, so maybe - you should

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check your state labor laws to see what you should do. They can try punishing for something allowed by your state but won't get far.

My experience with that - On site worker bee

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CA does not trump Nuance, unless a person resides in CA and chooses to force the issue. My experience on site in OOW situations was that we were not permitted to sit around and do nothing, and we were paid by the hour. Employees were given the option of using PTO to cover the down time or were told that they needed to make up the time. We rarely ran out of work but that was the case when there were network outages or technical issues. No employer pays people to sit around and do nothing when there is no work. If that's the case, maybe we all need to move to California.

OOW and labor laws - rock bottom

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If the employer requires you WAIT for work to come in, you can stay clocked in and they have to pay you to be 'on call.'

OTOH, if you are permitted to clock out and not return for the rest of your shift after waiting for a short time (feds don't define short), you must clock out and you can decide to flex and come back another time or you can decide not to work outside your schedule and be short the hours. You cannot be penalized for not getting 40 hours if you worked within your scheduled shift but did not have enough work to equal the time (40 or 20). You do not have to take PTO to 'make up' to get your 40 or 20 hours.

There is little or no recourse as far as continuously not getting work on your regularly scheduled shift other than to change accounts or change shifts.

Some states have laws that require the employer to pay you for X amount of hours each day you show up to work. So, if you show up for an 8 hour shift, and you only get 1 hour of work, the employer might have to pay you for X more hours because you showed up and there was no work. This is a good law to keep employers from over-hiring on production type jobs, thereby using an employee's time but the employee gets no pay.

That is what CA does, assures that you get paid for - showing up.

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If you show up for work and there is none, you are required to be paid 4 hours for an 8 hour shift or 2 for a 4. You have to essentially sit there during that time, be available to work your shift, but you are required to be paid for being there per CA law.

To the other poster, Nuance law never trumps the laws of the state you live in.

I know someone from NYS tested this - and it worked for them

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They have a law where "call-in pay" means you need to be paid 4 hours or your shift, whichever is less, if you have no work.

I can't find the thread unfortunately, but she was successful in claiming from Nuance - I think she quit soon afterward though, so you do wonder if they didn't fight her because they knew she was going. Has anyone tested it in CA?

I always mean to keep track and sit there when no work, but it tends to escape me and they end up winning (and not paying), but I might try to do the sitting there my whole shift thing even if no work for most of it and see if I can at least try reporting it to DOL and see if I can get it to work for me.

The real problem for me is that I really don't want a whole new slew of accounts (already have about 7, and still every morning very slow), I just want all the extra people on my primary to get off it, give THEM the new stuff!

It speaks to monumental disregard for both MTs and clients because those who have been doing these accounts for years would obviously be the preferred MTs if the client knew this was happening, but Nuance would rather overstaff on all accounts than work out scheduling that would work best for everyone. I have to think it's just laziness, greed, and not caring about anything but TAT on the management side. I also wonder if they and MModal get together and compare notes, because it seems they are now copying MModal's strategy of giving more and more accounts to MTs and spreading the work very thin, which makes for very unhappy and poorly paid MTs.

It was me... - Ex-Nuance

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When I fought it they had no idea I was about to quit. To recap, you need to go to the Department of Labor site for your particular state, find the statute regarding call-in pay and not only link it, but copy/paste the correct information on the email. I didn't submit notice until 2 weeks after that whole thing, so I only did it once. :)

(and yes, I still read the boards not only to look at other job openings but to keep up with the mess that seems to be getting worse at Nuance...good luck fellow MTs)

here's the thing - me

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When you sign the employee agreement, if you don't follow them exactly they can get rid of you. No matter what they do to you as well, they are an "at will" company and can fire you if they don't like the color of your eyes. I called the labor board twice about their practices and told even though they may have some questionable activities, they are covered because of being "at will." If they break federal laws, then it's time for a lawyer.

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