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Serving Over 20,000 US Medical Transcriptionists

If co is Trans*m stay away! Do search for co info before making a decision about unpaid training

Posted By: NM on 2008-01-26
In Reply to: A company - Typapaloosa

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LAW WITH REGARD TO UNPAID TRAINING, UNPAID WAIT TIME, DOWNTIME, ETC.

I was doing some research and just thought I would share it here. 


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http://en.allexperts.com/q/Employment-Law-924/2008/3/unpaid-training.htm


Question
I'm a part time security officer.  The contract is changing hands where i work (large corporate facility)...the location stays the same but a new company takes over the new contract next week.  The incoming company has advised everyone that they must attend a mandatory unpaid training class.  Is this legal?


Answer


Expert: Shirley McAllister, CPP, PHR
Date: 3/28/2008
Subject: unpaid training


It is not legal.



Here is the ruling from the Department of Labor Website at


http://www.dol.gov/esa/regs/compliance/whd/whdfs22.pdf


Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.


Since the meetings are not voluntary you must be paid to attend them.


FURTHER:


29 CFR 785.27 - General.
Attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following four criteria are met:
(a) Attendance is outside of the employee's regular working hours;
(b) Attendance is in fact voluntary;
(c) The course, lecture, or meeting is not directly related to the employee's job; and
(d) The employee does not perform any productive work during such attendance.


IF THE ABOVE 4 CRITERIA ARE NOT MET, THEN THE EMPLOYEE MUST BE PAID FOR THE TRAINING/MEETING TIME.


29 CFR 785.28 - Involuntary attendance.
Attendance is not voluntary, of course, if it is required by the employer. It is not voluntary in fact if the employee is given to understand or led to believe that his present working conditions or the continuance of his employment would be adversely affected by nonattendance.
__________________


ICs and unpaid trainings:


http://www.expertlaw.com/forums/showthread.php?t=59022


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FURTHER
(FROM http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.asp)


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."


Place of Work
Hours worked include all the time during which an employee is required or allowed to perform work for an employer, regardless of where the work is done, whether on the employer’s premises, at a designated work place, at home or at some other location.
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DOL.GOV, WAGE AND HOUR OFFICES:


Having trouble finding your answer on our website?


Call the Wage and Hour Division’s toll-free help line:
1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Monday-Friday 8 a.m. to 8 p.m. Eastern Time


 


EMR decision - stay or wait?
I have transcribed for a clinic for many years, as an IC. They are now going with the EMR. They are convinced that the minute they start their new program, they will no longer be in need of a transcriptionist. Therefore, I am giving my notice, because why wait around, wondering if they are going to need me or not. I feel like "dead man walking" every time I go in there now. Question for you who know? Is the transition as smooth as they think? One of my friends says they will come running back to me.

Apparently, the other clinic my clinic knows who has it says that is not so. Their transition apparently went fine (but of course I can't ask anyone anything, especially their former MT). Don't ask me if it's click and point. No one over there seems to know. I do know that the day they are going with EMR has changed 3 times and I have accommodated, but now can't stand the stress of not knowing. Any suggestions? Stay or go now?
Help in making decision

I would like to know: are there jobs for MT's that you can work PT as in: log on, take the work you can do for the day, turn it in, and get paid for it? What I'm wanting to know is if PT work is available to work at your convenience or is it always told to you when and how much you need to work?


Thank you in advance for your response. I feel like I have read so much about MT's but can't seem to find this out!


Well what is slave labor? Unpaid? Do these people willing report to work unpaid?
Sounds like they may work for a certain national MT company with a private board on MT Stars. Now that's slave labor. Walmart is a walk in the park compared to the national MT company with the private board.
Any info on CTS central trans. serv.??

Can't find anything in archives.  You have to reveal so much with these companies so would like to know about your experiences with them.


Thanks.


Stay away from M-TEC. Do a search here for more
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Make money? I'm not making any money because of my decision. You read my reasoning
You can agree with me or not, but don't make false assumptions please.
The easy part is making the decision to leave, the hard part is
actually doing it.  Been in your shoes and it took me a year and a half to leave after I had made the decision to do so.  It was the best thing I have ever done for myself and my girls.  I had family and friends and a counselor telling me what needed to be done and I knew what needed to be done but until I had the courage on my own to do it I stayed.  One day, we had an argument and he spit in my face and that was the last straw for me.  Even though it is something that I will NEVER forget, that day is also a day I will never forget because it is the day that I took my kids and left.  I am a single mom of 2 and have been single and supporting us for 5 years now.  I have been healing ever since and still am to this day.  You can do this.  I know that if I hadn't have left and I would have stayed one of us would be dead by now or both. 
try a search on company board-lots of info there
x
more info on making a living on ebay...

i would not know where to start...but it sounds like fun.  thanks!


Search on the Companies or New Student board for course info. Jobs are available all over the US and
.
do a google search-were many hits and should find good info--nm
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Do an archive search - good info posted a few weeks ago.
nm
If you so a search on this board you'll find lots of info.

Basically, you've got it right. However, voice files can be large and email may reject large file attachments. Also, there's the security aspect that you didn't mention. Basically, the voice file and finished document need to be encrypted to be secure.


You said you don't have the time/didn't take the time to do the research. Lots of people have and have shared their findings time and again on this board. I, for one, am not willing to reinvent the wheel every time someone is looking for this information but doesn't want to take the time to do the legwork. No offense meant but please do take the time to educate yourself. If you really don't have the time or don't want to take that time, then be prepared to pay for that information in the form of a consultant.


Do an archive search on this board and you'll find lots of info. NM
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Instant Text. Do a search here for IT and you'll find lots of info.
xx
I saw this happen in MQ office while training. Supervisor was supposed to be training but
account was behind so she did transcription while she collected salary for "training" me. Of course I asked others for guidance rather than bother the furiously typing supervisor. I don't know if she cherry picked but she definitely double dipped into the MQ payroll.
Unpaid
As an MTSO - I can tell you that not paying you is inexcusable.  Use whatever means you need to get your $$. 
Add me to the list of another unpaid
I will very happily disclose the name of this company and owner's name and any other info anyone else would like if I do not receive pay soon. I don't want ANYONE else to fall into the same TRAP I have fallen into......Good luck to me.

Who wants to be forced to get nasty for not being rightfully paid what they are owed? This is so irritating and I shouldn't be fighting this battle, nor should anyone else. I'm willing to go all the way though, even if it costs me more than I'm owed to teach this MTSO a lesson.

*sigh*
just got a check fromMQ for unpaid DEP.sm
s
I have asked for unpaid internships
I have been told No three times.
I keep the unpaid bills on my desk
and put the college tuition bill right on top. Money motivates.
required profiles, etc. that are unpaid. NMSG
nm
there is a world of difference between MT training and NP training
honestly, I am in nursing school and have lots of health care experience as a paramedic and medical assistant. I think you can relax and leave your family's health either in your mother's hands or their physician's...
Paid downtime vs unpaid slow time - sm

Do MTSOs, nationals, usually pay for downtime for employees?  If so, what has been your experience - ever received downtime? your company's policy, i.e., pay for two days downtime?


Also, as an employee for a nat'l, if you have a set schedule, what do you do when very little work comes in, for example one dictation/hour?  At what point do you cut out?  I'm new to working for a national and this has happened a lot lately - I know, the holidays.  If there is little work, I usually only stay connected for two hours, let me sup. know, and call it a day. 


I swear, sometimes I hate this industry!!  Any other company, at least in my state, if there is no work, as an employee, you still get paid or after a certain period, you get unemployment...something!


sure i was. i'm making fun of the people who are making a case for background checks, etc
to do medical transcription at home as if they may do something AWFUL with the info they receive. So if you want an invasion of privacy let's REALLY invade it and make sure fat chicks don't transcribe because they are so busy eating they can't get the work done, they mess up the keyboard with food and if they are provided health insurance they will raise the rates for the company sky high because their health risks are higher than others. Then there are the psychological issues overweight people bring to the table. After we eliminate fat people, we can go on to eliminate diabetic people who may have low blood sugar while typing and go into a spell and type the wrong thing. I could go on and on through the process of elimination. How about prescribed medications that may cloud your thinking? So you take Ambien to sleep but you have an Ambien groggy hangover when you are transcribing? Should they transcribe. How about your teens are on your last nerves and you take a Xanax? Should you be allowed to transcribe?
Re: AMA Trans
Hi. I also did their mentoring program, but after 7 months, I found my own part time IC job. They called me one time to offer me a hospital position, and asked if I was interested in it. I never heard anything more about it after that, and passed up a couple of good opportunities elswhere while waiting. I eventually gave up and found two part time IC jobs on my own. The only thing I got from them was experience, I suppose. I think alot of it depends on how well they like you. Also, with the $400 I spent, what was included was a digital voice player, etc. I ended up replacing it because when i wanted a foot pedal, nothing was compatible with their software. They are affiliated with Opportunity Software, who tends to charge more than anyone else for a similar product, just to be compatible with their products. Make your own determinations, I guess, about whether it is a scam or not, I just know that they didn't do a whole lot for me, other than give me some experience. Good Luck.
KS
trans tec
thanks, sue
old trans
RU4 real USA?


79 Trans Am
//
e trans plus
Does anyone have any information or opinions on this company?  I am considering a position with them.  I searched the archives, but the postings are all old.
STAYING AWAY FROM TRANS.
A. I strongly discouraged anyone I meet who has signed up for any kind of program at the community colleges or elsewhere who wants to learn transcription. It's really distressing to see people pay their hard earned money for training in a field that is virtually in the toilet. I find myself making 1/2 of what I was making 10 years ago as an MT with no benefits and 50% more grief.
Anybody do chiropractic trans?...
Have only done radiology before...was wondering if, with this background, would it be possible to break into working for local chiro's or if totally different type of work.  Anybody having done this type of transcription before with any ideas/suggestions would be greatly appreciated.  Thanks!
chiro trans
Yes, I do several.  Not overly difficult.  You must absolutely know your anatomy, and there are several "maneuvers" and tests that you need to know.  If you have a Stedman's Ortho book, you should be fine. 
Trans-Tech
nm
California trans
Yes, they are a great company.
med trans student
Please consider starting with something ultra-stodgy and respectable... like a large teaching hospital or a university. the larger, the better. You will need this kind of atmosphere for learing, and exchange of ideas. Once you've been there a few years, you will know your field better, and the +/- situations around you about other companies. You will know a WHOLE lot more about what you want to do with your time, and your career. Let them pay you, teach you, give you days off and benefits, and then from tht position of SECURITY, you make better decisions.
Med Trans Schools?
Hello!  Hoping that someone may be able to provide some guidance.  I am looking at starting school in about 1 month, but trying to determine if distance or class room learning would be best.  And how difficult is it to get started in the field?  Any assistance that you could provide would be greatly appreciated.
Med Trans Schools?
I did distance learning through a community college for all of my courses, it was the only way I could even go to college with a job and family to tend to. I got just as good an education as some one who sat in class three times a week. However, you must be self disiplined to be able to set aside your own time to work and study. You also have to have a Proctor site, somewhere to go take test. You local community college should be where you go through for that. I also heard some libraries and schools participate too.
psych Trans
I did psychiatric years ago at a psych hospital before there were line counts and we were paid by the line. However I do remember that even the ESLs were somewhat repetitive. I don't know a lot about Expanders as I didn't learn with them, but from what I understand, they may be instrumental in helping you all making this line count. I would think that you should get the same line count as the rest of the company and it is unfair for them to make you get 500 more. Psych is sometimes considered easier in terminology, but on the other hand I found the reports to be very much longer. An op could be done much quicker. They should treat you all the same. I don't do radiology so I don't know why they have so much more, but this whole thing seems a little unfair to me.
cambridge trans
I tested at cambridge transcription and realized very quickly I hated legal transcription. However, I think they are a good company you can find them on the web. I think they also do corporate transcription, not sure what that's about.
There's several different "Global Trans"...
do you mean Global Transcription Services out of Davie, FL?

If so...I'd highly recommend them. There always seems to be work and the owner always pays on time (sometimes early).
can you work for two different trans. companies?
JUST WONDERING IF THIS IS POSSIBLE AND/OR LEGAL? 
Does anyone have a phone # for Trans Tech in TN?
=
Rad trans in central NC city - $16.40/hr
but with 16 years' experience in acute care and radiology
What harm is it to the company for another trans to know
what accounts they have? I know what account a lot of trans work on for other companies! I am another one who doesn't see what everyone is fussing about. It's not like hearing that hospital's name is going to send another transcription company after their work - everyone already knows that they have to have transcription so it's no big secret that SOMEONE is doing it???
It doesn't have to do w/ medical trans - SM
That's why this is the general board. Smoking and dinner message don't have anything to do w/ trans either. You ARE allowed to skip over posts that you aren't interested in instead of being sarcastic. :)
Did any of you not get paid by a trans. company?

This transcription company that I might work for says if you don't maintain 98% accuracy or higher for three consecutive work days, you won't get paid for those days that you don't maintain the 98% accuracy rate.


Has that ever happened to any of you?  Do you think it's a bad situation to get involved in?


Trans Tech Definitely the Best Choice
I cannot say enough good about this company. I previously had a horrible horrible job, dealing with the most hostile and unfriendly backstabbing managerial staff. Oh well, paycheck not there, well it must be your banks fault. Total lack of respect, incompetence to name a few, and could care less if your 6 feet under. Glad I made the change. I was miserable. So happy to be at a place where your happiness counts for something. Go for it!
Doctor office trans
Probably smaller companies is what you want to look for instead of large nationals.  Have you looked in your local newspaper?  How about approaching a few docs on your own?  I've done that before and did overflow for them. 
Global Trans in Florida

I posted this on the company forum, but no one replied.  I thought maybe it was overlooked.  Does any work for or know anything about Global Transcription in Florida?  Thanks a bunch