A community of 30,000 US Transcriptionist serving Medical Transcription Industry
Waiting on work... - anon
Posted: Jul 15, 2012
after reading this excerpt from the Dept. of Labor website http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp (this link was posted below in an earlier conversation by "fedup").
Waiting for Work
Time which an employee is required to be at work or allowed to work for his or her employer is hours worked. A person hired to do nothing or to do nothing but wait for something to do or something to happen is still working. The Supreme Court has stated that employees subject to the FLSA must be paid for all the time spent in "physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer of his business."
So, why is it we do not get paid when there is no work?? As an "employee" I show up for work when I sign in.
Yet when it is time to approve our timecards, I cannot claim those hours spent waiting for work?!?
Wish someone higher up from Nuance would answer this question for all of us!!!
Never seemed fair to me either - I hear ya!
[ In Reply To ..]I never really looked into it, but it never did seem fair that if there was no work we didn't get paid anything, even though we were still required to sit around and wait for work to come through. And then, if it isn't my time to work but it's been a slow day, my boss comes around and "requires" us to make up that time during times when we are not scheduled. THAT doesn't seem fair either! I don't work for Nuance, but I don't know of any companies that pay for times when there is no work but you still have to sit around waiting. I can tell you though, I work Monday through Friday and if we have a slow day we are required to make it up over the weekend or in the evenings or our off times (if there is work available) or we are required to use our vacation time in order to hit 40 hours for the week.
waiting for work - anon
[ In Reply To ..]As I was told, there are different laws for this regarding "piecemeal work" which we are considered because we are paid only by production. These laws are old and need to be updated. Anyway, FYI, I was told that yes, they owe you minimum wage for ALL hours worked, including the time spent waiting for work. It has to be well documented, AND here is the catch: You total up ALL of your hours (including the waiting for work) and then if you haven't been paid minimum wage for ALL of those hours, then they have to pay you to bring you up to that. So for instance, I spent 2 hours waiting for work, but I did average $14/hour for the other 35 hours I worked, so my average pay for the total 37 hours of work was still over minimum wage, so I get paid nothing. This was the result of speaking to a lawyer in CO, not sure if it is different in other states. Wouldn't hurt to get second opinions. I hope those bringing the lawsuit also challenge these outdated laws and that they are revised to reflect today's working conditions!
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