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Paid downtime vs unpaid slow time - sm

Posted By: MT on 2007-11-28
In Reply to:

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!




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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. 


----------


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


----------------


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.
------------


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


 


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.
I find that if I slow down and actually take time
to use my ShortHand Expander properly, my lines go way up. If I just start typing faster and using only the small 1 or 2 word abbreviations I use all the time, I get no where fast. You see, I have thousands and thousands of abbreviations, but the real time saver is the phrases and normals I have at my disposable. I just have to slow down and watch the Shorthand window. It may seem like you are wasting time scanning the list of abbreviations, but it's the only way to really churn out the lines. You also tend to make fewer mistakes requiring backspacing when you slow down and pay attention to the abbreviations window.
Is it accurate that Fall is a slow time for MTs? sm

For the last two years I have been doing Urgent Care/ ER work and have not noticed any slow down but I am now doing multispecialty clinic work and I keep hearing about a big slow down.  Can anyone shed some light on the subject for me.  TIA


Sorry even if you are slow, 200 to 400 times per hour - no time -- NM
??
Word has been slow for a long time and I just
cleaned up the Autocorrect and what a difference.  Thanks for the information!
generally this time of the year is slow for my hospital NM
:)
If memory serves (and most of the time it doesn't!), isn't it # to speed up and * to slow down
You just repeatedly hit the # or * keys to the desired speed, right? 
If you like to get paid on time, don't go there.
.
not being paid on time
I absolutely agree with you.  My particular work is being done through the mail from the doctor's notes.  I have not sent them anything else since this happened and I told them that and they said that is fine.  Hopefully this afternoon this other person may come in.  My husband told me hang in, it will all work out.  They always pay, so I will keep praying like I said, prayer does work.
not being paid on time
The office manager is on her honeymoon until the 20th and the doctor cannot handle anything about the money.  It is a very large account, he says there is plenty of money, no problem.  I just keep praying about and asking for God's help.  The doctor's wife is the one filling in and writing checks and coming in with no set hours.
Not getting paid on time
I have been having a huge problem and wanted some input from others who have gone through this. I have been typing for this company who shall remain namless for the time being for over 6 months now and I actually really like it. I like the people, I like typing almost all of the doctors, which I think is rare. However, my main problem is with getting paid. I am supposed to get paid weekly, but I have gone weeks, literally weeks (3 or more) without getting paid and it is really starting to interfere with my ability to pay my bills on time. I am not working to make a little extra cash, I actually have to pay bills and buy groceries and I find it extremely frustrating that companies feel it is okay to do business this way. I am expected to work and cover my shift an should I not expect the same in return for getting paid on time? I am so angry about this and do not want to have to look for yet another position, but this is getting to be ridiculous. I would be extremely interested to hear if others have gone through this and what you did about it. I am almost getting reluctant to do any more work for fear that I will never see this money. Any advice would be appreciated!!!!!
not being paid on time
It hasn't been that long, thank God, about 2 weeks.  Then they get it straight and then again they are late.  The person who is responable just got married, she will be back on the 20th.  The other person who writes the checks is not that reliable.
not being paid on time
What would you do if you had a private account and payment is sporadic?
I am paid by time
one minute of dictation = 10.5 lines is how we figure it. It usually works out even. Sometimes they dictate fast and you get in a few more lines then you should and sometimes they talk slow and you get more lines. It works out well.
Paid by time?

The first thing that came into my head was "DON'T DO IT!"  The doctor is trying to lower the amount of money he would be paying you.  Think about this... he dictates an entire 2-page operative note in 1 minute and 20 seconds.. don't say this can't be done.  I transcribe these types of reports all the time.  Even though I get paid per line and for a service, the docs talk as fast and furious as they can.  The doctors and hospitals are always finding ways to pay their transcriptionsts less.  Also, seeing that you have never raised your rates, he remembers this and is always thinking.. don't kid yourself. I've been there and done that for 25 years.  Put out that fire now ! 


getting paid on time???

I have recently gotten my first contract with a local physician's office. I received my first payment on time!! Since then I have not gotten a single check. I have talked to the office manager several times. They currently owe for three billing statements. Any suggestions on what to do until I get payment or how to get them to speed up the payment process? Thanks!


Paid on time
I have been in this same position twice and let me tell you, run for the hills. I will never be put into this situation ever again. I gave them chance after chance because the work was easy and the doc was easy to understand, but after being late on several of my own bills because I was not getting paid on time, I just stopped typing for them. I told them that I could no longer afford to work for them because of non-payment. It is ridiculous for anyone to be treated this way.....We are not allowed to be late with our bills or we are charged a fee. Maybe consider charging them a late fee! LOL
AS THEY GET PAID ON TIME AND IT IS CORRECT
while we sit her typing for you fools and YOU RIP US OFF. GONE, OUTTA HERE.
TO GET PAID ON TIME FOR A CHANGE.
SS strikes again. I AM OUT of this place.
Always paid my taxes and on time so never
had to worry about this, but I would be leary of any company wanting $$ for services.  I'd just call the IRS and tell them the situation and see what they say.  Of course, this late in the tax season getting through may be an impossible task.  If you have a local IRS office it might be better to go talk to them in person. 
If her MTSO actually paid her on time...sm
She might have had a bit more of a substantial cushion if she was paid on time. But this is not possible if she is always being paid considerably late whether it be by weeks or a month. If this happens to her often this "cusion" will be depleted quickly. You cant save something if you dont have it. By the time she does get paid she probably has late fees for bills, taking care of her sick child etc. Have some compassion. Whether she has any type of "cushion" makes no difference. The point is if she was paid on time she would not have the added stress and probelms from the lack of recieving a pay check on time. I am sure her work is on time, why not her paycheck.
If you're not paid for your time
you shouldn't account for your time.  It's none of their business if you have to go to the bathroom or get a drink of water or even load the washer or pet the cat.  They just want control which they don't want to pay for.l
Down time should be paid, period.
Not our fault we show up for work and there isn't any.  And I don't want to sit all day and night at my desk waiting for work to dribble in, either.  If it isn't there during my scheduled shift, then DOWN TIME.  We have families to take care of and be with. 
It takes a lonnngggg time to get paid.

You get paid for work you did a month ago.  Paychecks were short.  No answer when questioned about how they arrived at their line counts.  Advertise holiday bonus and $1500 bonus for acute care - do not know of anyone who got one.  Probably just management cronies.  They have great accounts but it is difficult to get lines.  All the work is straight type with lots of looking up because they have teaching facility accounts, so it is difficult to set up templates.  All the better work I am sure goes to preferred MTs or farmed out elsewhere.  The platform is not transcription friendly, lots of looking up and spreadsheets, and they do not pay for headers and footers.  They also micro management big time. 


I make $2-3/hr (we are ICs paid for talk time only)
We are ranked. If you aren't in the top ran you do not get as many calls.
I wrote out a longer message but for some reason it didn't post.
paid for "wait time", too cool!
Gosh, I might be doing okay if I was being paid for "wait time", as it seems like that is all I have been doing lately.  This two week pay period is nearly up and so far I have only typed 3000 lines, mostly because there is not enough work during my shift.  I just don't know what to do.
anyone paid by the amount of time dictated?

I am being paid by the line right now, but my office is switching to a completely new system that counting lines would be a nightmare.


The doc has suggested maybe paying me by the amount of time dictated.


Has anyone done this before, and if so what are the pros and cons, and what is a reasonable rate??? I have NO idea!


Thanks so much for any info.


I have been with them for seven years this September and never raised my rates, which I brought up to him while speaking about the new system saying I would hope whatever we decide is more than I make now!


Last time I was paid this little was during the Reagan administration.
Sigh.
Unless you consider the downtime necessary to MT. sm
In other words, I can't transcribe hour after hour without breaks. With QA, you may not need nearly so many breaks. Also, MT work tends to run out with my company, but QA doesn't quite as often. So with MT there's also that sitting around, checking for work trickling in, which really is work because you're bound to that computer.

When you count these downtimes with MT and take them into account when figuring what you actually make per hour, QA probably comes ahead.
Unpaid
As an MTSO - I can tell you that not paying you is inexcusable.  Use whatever means you need to get your $$. 
It is time to seek you own accounts to be paid what you are worth! nm
x
Oh it is a lot of extra typing that takes time which I don't get paid for! nm
nm
Then wouldnt' they owe you downtime pay since it was
THEIR equipment failure and not yours?
Hourly - think about downtime and
if that account moves to VR one day....
If all the downtime was due to maintenance, (sm)
could you please arrange that it's done during non-peak hours, for as you can see, many MTs have posted how much they rely on this site while working. It only makes sense to do upgrades, etc. during off-peaks. Most of the IT people I deal with have no problem working graveyard shift -- it goes hand-in-hand with the business.
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*
Your insurance benefits will be effective through the period of time you have paid them which...sm

could be the end of the week or the end of the month or the day that the company calls the insurance company to cancel them. You cannot depend on thinking if you quit in the middle of the month you will be covered through the end of the month. You have to find out exactly from your company. Also for COBRA benefits you are eligible for up to 18 months or perhaps longer in special circumstances but yes you have to pay the premium all by yourself, the company doesn't chip in at all. The plus side is you are still in a group plan. You cannot get individual insurance unless you have NOTHING at all wrong with you, no high blood pressure, no depression, nothing. It is very important to not have a lapse in coverage greater than 60 days. If you do, you will lose coverage for any preexisting conditions when you go to your next GROUP insurance (this is the other part of HIPAA - portability). If for example you are covered for high blood pressure and you don't choose COBRA and your insurance lapses for more than 60 days, when you get on the next group plan, they will not cover your high blood pressure M.D. visits or medications for up to 1 year.


You can get relatively cheep individual coverage if you choose a high deductible, to carry you through. That is, if you can get it. Good luck.


For QA consulting I'm paid per hour; QA instructing (college) paid salary, QA editing paid per li
I am an IC and work for two different MTSOs as well as instruct at a business college.
Slow day for me. Typed two reports in two hours. Anyone else having unusually slow day?
dd
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
Estimated downtime for hernia surgery?
I have a large ventral hernia that needs repair and am trying to determine how much I have to save to see me through the disability period...have any MTs had similar procedures who could tell me approximately how long you were not able to work?  Thanks for any input. 
Use your computer downtime for medical research (sm)

First, this is not spam.  I am just a QA who found the below projects.  It is called BOINC, and the purpose is for home users to allow their CPU and memory to be utilized as a "supercomputer" for the purpose of medical and other research projects.  It runs on parameters you set in terms of when it can run, etc.  I have been using it for a week and it does not slow my system down at all.  Why not use that downtime for projects such as AIDS and cancer research?


Here are the links:


http://boinc.bakerlab.org/rosetta


You can also Google BOINC to find a list of projects.


LOVE teaching hospitals and long-winded reports. Less ADT time which I'm not paid for.
Hate filling in ADT screens w/ searches just to do a one minute report.
my company pays downtime for conf calls...

How common are server issues and other technical problems that result in downtime? (sm)
Do you get compensated for your downtime?  I'm thinking of going to work for a national, but I've heard there are a lot of technical issues at these bigger companies.  True?
If co is Trans*m stay away! Do search for co info before making a decision about unpaid training
x
Charge what the credit card companies charge when they don't get paid on time!!!!