Legal Question in Employment Law in Pennsylvania

Unpaid required work time.

The job is medical transcription done from the employees home via telecommute. The employees are assigned hours that they must provide 40 hours of ''Coverage'' for work that may or may not enter their que. The employer states that they only pay for work done and when no work is available then workers must ''Flex'' their hours. The employer has contracts with hospitals that guarantee a turn around time for their medical dictation to be transcribed and returned. To meet the turn around time employees must monitor their work queues for the duration of their required shift. If there is only 4 hours of quota work for an 8 hour shift the employer says employees must continue until they complete a quota amount of work if they want their full wages. The Employees are told they will not be paid to wait on a queue until there is work, only for work that is done. These are ''Full Time'' Employees who recieve benifits. Employees end up working 12 or more hours a day to fullfil their work quota. (X number of Transcribed Lines of text) The Pay divided by hours worked is less than minimum wage. Is this legal?


Asked on 12/02/08, 7:33 pm

2 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Unpaid required work time.

You asked about required hours and flex-time at the employer's option.

Nope. Not legal. Let's sue. It isn't even an arguable case for the employer. The employer is paying for your time and cannot pay piece-work rates in violation of the law.

This would make a great class-action suit. But you need to start the matter rolling.

Regards,

Roger

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Answered on 12/02/08, 11:31 pm
Terrence Valko ERISA Disability Lawyer

Re: Unpaid required work time.

If you are paid as an employee rather than independent contractor (Do you get a W-2?), then I would want to know where the instruction about being on call is written or otherwise communicated.

Then I would want to know how many transcriptionists are being shortchanged the way you are.

You appear to have a case under the Federal Fair Labor Standards Act of 1938. Retain Counsel under a contingent fee arrangement. Get a few of your peers to hire the same lawyer at the same time if possible.

Alternatively, you may wish to seek free government legal assistance by contacting the state DOL. Ask for the wage and Hours Compliance Division.

Good Luck,

TV

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Answered on 12/03/08, 2:56 am


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