Probably not the same article, but this DOL case is related to topic -sm
Posted By: Karen on 2008-07-08
In Reply to: A few days ago there was a --sm - Deeandra
http://www.dol.gov/sol/media/briefs/tumsupp-8-18-03.htm
It's a long article and requires close reading, but here is an excerpt:
...
Whether waiting time is compensable "hours worked" within the meaning of the FLSA depends on whether an employee is "waiting to be engaged" or "engaged to wait." See generally, Skidmore v. Swift & Co., 323 U.S. 134, 136 (1944). In Skidmore, 323 U.S. at 136, the Court stated that "hours worked" under the FLSA is not limited to active labor: "No principle of law found either in the statute or in Court decisions precludes waiting time from also being working time," and "[f]acts may show that the employee was engaged to wait, or they may show that he waited to be engaged." Accord Owens v. Local No. 169, Ass'n of W. Pulp & Paper Workers, 971 F.2d 347, 350-51 (9th Cir. 1992). See also 29 C.F.R. 785.7, 785.14; The Fair Labor Standards Act § 8.II.B (Ellen C. Kearns and Monica Gallagher eds. 1999).
Thus, "idle" or waiting time is compensable "work" under the FLSA where it is controlled by the employer and is spent predominantly for the employer's benefit. See, e.g., Armour & Co. v. Wantock, 323 U.S. 126, 133 (1944) (a companion case to Skidmore).(4) The Secretary's interpretive regulations explain that an employee is "engaged to wait," and therefore performing work, when the periods of inactivity are unpredictable and of short duration:
In either event the employee is unable to use the time effectively for his own purposes. It belongs to and is controlled by the employer. In [such] cases waiting is an integral part of the job. The employee is engaged to wait.
Complete Discussion Below: marks the location of current message within thread
The messages you are viewing
are archived/old. To view latest messages and participate in discussions, select
the boards given in left menu
Other related messages found in our database
Dontcha just love the way the ads are related to the topic in the posts?
Freaky. I have AOL with an animated character. When I am in an IM, the dog actually reacts with sad cry when I type the word "sad," and happy reaction with "lol." All the rest of the emotions coincide with my typewritten text. I find that to be rather unsettling. They basically are reading what we are typing out there, somewhere.
Interesting article on this topic
http://www.trxinc.net/transcription-news-item.aspx?id=3
Scroll down to "Current state of the industry" and it talks about the average age of today's MTs.
In case you didnt notice, oh holy one, my story related
Yes I have worked in customer service. I did it with a smile, and when I was done, I would go scream in a room, not serve my forked tongue to someone who just wanted to buy a corn dog and some fries.
I wouldn't use lower case. I'd use upper case. Don't worry about it. nm
x
Not MT related, but pet dog related. See message.
I have a 5 year old Maltese dog who has always been a great sleeper at night. He has always slept on my bed next to me and never budged all night. Last week he started to wake up shivering and panting in the early morning and could not settle back down and would just jump off the bed and go off somewhere else to sleep. Now he starts this shivering and panting as soon as the light goes off in the bedroom but instead of jumping off and going off on his own, he just stays there next to me and keeps sivering and panting and is unable to fall asleep. He's perfectly normal otherwise during the day and sleeps fine during the day, behaves normally and is eating and drinking normally. I called the vet and she thought he was having nightmares. But I'm not so sure. Last night when I went to bed and the light was on for about 15 minutes he was quiet and comfortable lying next to me. As soon as the light went off he started the shivering and the panting and could not go to sleep. Anywone gone throught this before? Should I be worried about his health?
Not MT-related (sorry).
Anyone know the official name for crime scene tape that is used by just ordinary people to rope areas off? It says something else besides crime scene. Need to buy some and trying to do a search at different stores, but you can imagine what I'm finding when I search for tape.
Thanks
Not MT related but --
What would you do? I have a home I am selling thru a realtor. This realtor listed the house and has personally shown in to no one (4+ weeks). I have had people see the house thru the MLS, but I had to be here to show them because she was always busy or could not make it. She had an open house last week, I live on a street that is about 3 blocks long, dead end at both ends, about 2 blocks off a main street - there were no signs posted at the main intersection, none at the next corner, directing them to the house - she put 1 sign up, in my front yard - needless to say no one showed up (she was also 20 minutes late for the open house). She has also forgotten to call me when she makes an appt and I was taken totally by surprise when the possible buyer showed up at my door. Maybe I am wrong but I don't think she is doing her job - any ideas or suggestions, am thinking about cancelling her contract already (will cost me $250) because I feel I am doing everything myself and also because houses in this area usually sell within 2-3 weeks of going on the market. Any suggestions or ideas? Thanks.
are we related?! lol
i have a SIL exactly like that!!
non-MT related but
do cats go off to die alone? I had a cat which has disappeared. It's been about 2 weeks now since I've seen him. He did used to drink out of the toilet (gross, I know) and I'm wondering if this made him sick. Otherwise he seemed okay. Just wondering if this has happened to any of you.
Just MT-related?
My divorce is final!!!!! :)
On the topic.......
I would certainly hope that any woman, young or old, has the common sense to wear what is most attractive on her. Of course, that doesn't always happen, but ya can't lump any group together by age, etc., and say that one particular style won't look good on all women in that particular group. We're all unique and what may look fine on you will look like hell on me. Or vice versa.
I'm a size 1-2-3, depending, and even though I'm almost 48, I do have to do most of my clothes shopping in juniors. Not all, mind you, but the majority. I hate to admit it, but I own shorts from the girls' rack (size 12). I also work out on a daily basis and have my natural brown hair. The makeup I own could be stored in a single small Glad bag with room left over. I wanted to switch from bikinis to one-pieces this summer, but friends told me that I would be crazy to do so.
I wonder......are you talking about someone like me?
Please think before ya post; you just might offend someone. :)
Off the topic but really need help with my dog. sm
My 7-month old little cocker was neutered on Friday. Overall, he is doing good, eating fine, drinking fine, up and around and in generally good spirits. The only thing we have had to do is give him Benadryl and 1/2 aspirin three times a day to keep his agitation level down since he was extremely off the wall the first 36 hours. He has one of those clear lampshade collars. Now, my question is, I would like to take the collar off since he can't scratch his ears or play with his toys-and he does love his toys. How on earth do I keep him from licking the surgical site? Does anyone have any good ideas? The aspirin is helping, but he still wants to lick. My son told me he used lots of vaseline with red pepper mixed in for his dog, but I'm afraid to try that. My luck he would get it in his eyes or in his sutures. I had a female years ago that was spayed, but never had a ounce of problems. She didn't lick once.
off topic...
I would say there is no such thing as "Somewhat unfaithful." That is like being a "little pregnant." SO, first just say it - your husband was unfaithful and you worked through it.
No, you do not have a right to feel angry and betrayed by your mother-in-law. You did not marry her nor she you. The 2 of you did not exchange vows. You have a right to feel hurt that she's having a relationship with the other woman and not you, but who she communicates with is her business. Now you know, mom-in-law is NOT your friend. Most mothers-in-law are not friends with their son's wives, so join the club.
You say your marriage is now stronger than ever - that's where your focus should be, not on your mother-in-law. Be cordial with her, but she's given you evidence of her true colors and you should not take her into your confidence again.
There is never a topic here (sm)
As far as comfort goes, I think it is great. If the frame would make it higher, then that would be good for an older person as they would probably have a problem getting down on the floor. (I know)
Along the same topic as below...
What do you find makes a man sexy? Is it his eyes? his smile? his ruggedness? his sensitivity? Or is it all of the above?
For me, it's all of the above. I love a rough and rugged man, not a sissy man that's afraid of getting his hands dirty! Deep eyes that can see right through you...a smile that still looks like a child...and sensitive enough to cry over The Notebook...
Hey, that describes my husband to a T!!! Woohoo lucky me!!!
Off topic, but why...
did you take the "O" out of God? Just curious...odd to me that you would do that...no flame here, just an honest-to-goodness curiosity question
Trying to keep this topic near the top! sm
I wanted to do some research on the stuff we're discussing (offshoring), but unfortunately I cannot find recent information. I googled "bills to stop offshorting" and came up with this article:
Markey Introduces Bill to Block Offshoring of Consumers' Personal Data
WASHINGTON, DC -- May 13, 2004 -- Representative Edward J. Markey (D-MA), a senior Member of the House Energy and Commerce Committee, and the Co-Chair of the Congressional Privacy Caucus, today announced that he is introducing legislation to clarify the rights and responsibilities of companies, their regulators and consumers regarding the protection of privacy in global commerce.
Rep. Markey said, “It is becoming increasingly clear that both our jobs and our privacy are being shipped offshore, and federal regulators aren’t doing nearly enough to stop it. In effect, regulators are telling consumers to ‘check your privacy at the shore.’ The bill I’m introducing today will help stop this dangerous trend from continuing.”
The bill Rep. Markey introduced today, the “Personal Data Offshoring Protection Act of 2004” (HR 4366), would prohibit companies from transferring personal information to any person outside the United States without notice and consent. Specifically, the Markey bill:
- Requires any business enterprise that transfers personally identifiable information regarding a US citizen, such as the citizen’s name, address, financial information, medical records, or other personal information to first provide prior notice to the citizen;
- Requires such businesses to allow consumers to block (or “opt out”) of information transfers to any countries that the Federal Trade Commission (“FTC”) has determined provide adequate and enforceable privacy protections, such as the European Union (EU);
- Requires such businesses to obtain the prior consent of the consumer (or “opt in”) before personal data can be sent to other countries that the FTC determines do not provide adequate and enforceable privacy protections;
- Bars companies from refusing to provide goods or services to consumers who elect to exercise their “opt out” or “opt in” consent rights, or from charging consumers more if they chose to exercise such rights;
- Provides for enforcement of the bill’s restrictions by the FTC by defining violations of the bill as a violation of the Federal Trade Commission Act’s prohibition on unfair and deceptive acts or practices, thereby allowing the FTC to seek injunctions against violators and to impose financial penalties of up to $11,000 per violation;
- Provides for additional civil remedies against violations, including authorization to the state attorney’s general to bring civil actions to enjoin violations and impose monetary penalties of actual monetary losses or up to $10,000 per violation, whichever is greater; and,
- Provides a citizen whose privacy rights are violated with a private right of action to sue a business who has violated the act for actual monetary damages or up to $10,000 per violation, whichever is greater.
Rep. Markey noted that Senator Hillary Clinton (D-NY) recently introduced similar legislation in the Senate (S. 2312).
It is a few years old, but I thought someone might be able to use this as a place to start. I also attend college and am going to try to use the school library resources to find out some more information.
Off topic
Did anyone seen the Today show this morning? I have seen and heard it all now.... The Ultimate Outsourcing- people going to India for surrogate mothers!!! OMG.... compared to about 80 grand they would pay here in the US, they would pay only 30 grand (This includes travel for the perspective parents to india).
Off your topic, but
x
On Topic
Well aware of that - just in a rush while typing - but thanks - so do you have an answer to my question?
Off topic -- but regarding the CMT behind your name, SM
what does this mean and what does one have to do to get it? I am also a CMT and just wondered how this works. You may email me if you want. Thanks.
This is a different topic really and I don't
IMO, newbie MTs should not work on ASR. They typically do not have the knowledge base required, at least with regard to acute care, to be able to discern when what they are seeing and/or hearing is incorrect in the context of the report.
ASR editing requires a different skill set than straight transcription and new MTs need to focus on developing their knowledge base.
The problem is that the experienced, quality MTs that should be working on ASR and properly training the platform should never take the crummy wages wages paid for ASR editing. So the MTSOs have created a catch-22. They don't pay enough to attract quality MTs that will improve the quality of the ASR platform which would in turn improve production across the board so the settle for newbie or subpar MTs who will work for the measly pay they offer, but the quality of the ASR never improves or even gets worse, which slows production causing MTs to speed up to make more money and miss errors, which the ASR adopts as correct, etc., etc.,
The topic is about
whether or not one "can" or "should" transcribe in public. Was just pointing out that I cannot because of a written policy. I am very happy in my stable hospital work-at-home job thank you very much.
What is up with you? Are you related to Frank?
Frank knows that. What a sourpus.
Can't be related to MQ lawsuit
My ipay statement said is was for a DEP adjustment, but the majority of the lines in question were done on the various old platforms, Medwrite, Enterprise, etc...remember it goes back to 1998.
I got the ipay notice but no check or letter yet. I have direct deposit but nothing in there either
Not MT related, but need advice.
Is it inappropriate to wear black to a wedding?
If so, what is appropriate?
Not MT-related but I must vent
When a hurricane is headed toward a given vicinity, I thought the drill was have plenty of water and food for at least 3 days for each person in the home. You'd think Floridians would know this better than anyone. I'm a Floridian myself. Fortunately my area was not affected by Wilma, but guess what? I STILL have supplies stocked. I LIVE IN FLORIDA for heaven's sake!
As soon as the wind let up, people were forming lines... and they expected water and ice to magically appear on every street corner.
Granted, the elderly and poor may not be as equipped to prepare like the able-bodied and financially secure, but these are the ones and the ONLY ones who should have been needing help at this early stage. Did you see the caliber of cars in those lines? Many were new, nice, and expensive. No excuse. I'm sorry.
It's bad enough that many are going to go without power for weeks. Wouldn't it have nice been if local, state, and federal governments had a couple days to position themselves in an organized manner? Or be able to provide for the poor and elderly in a more expidient manner rather than servicing a gaggle of people? This would have been hard even under the best conditions, but at least possible had more citizens cooperated by heeding recommendations to be prepared.
Thanks for letting me vent...
Maybe not related to homeschooling, but...
whatever happend to kids just going outside to PLAY??? I don't think these structured lessons and sports are quite the same thing. Kids are so micro managed anymore that they wouldn't know how to go outside with the kid next door and just climb a tree. If they did, they'd have to wear a helmet, knee pads, elbow pads, and carry a cell phone to call for help once they got up there. I guess being a kid in the 1960s was just so different. We went to school, made our friends, lost our friends, read at our grade level (and that was OKAY), and for the most part we're smart successful people. Oh well, off my soap box.
are we related RadGuy??? nm
nm
Not housekeeping related but why would you be
engaged to someone who not only doesn't help financially but also brings their mother along for the ride?
I have a QA related question
Concerning my new job, which I started about two weeks ago: My QA, so far, has only given me feedback twice. When one of the errors was over misspelling the name of a local clinic, I asked her if she could tell me where I might find this information. I have yet to get a response from her. Another error was misspelling a clinic docs name (not from the hospital I am transcribing). I asked her again with no response. Am I asking the wrong person? Should I be asking HR instead?
Thank you!
Not mt related but need info
on drug and alcohol addiction intervention - my sister is doing one Wednesday night at church for both her husband and her 23 year old daughter and I would like to know what to expect. I think the husband is so far gone nothing will help. The daughter is into alcohol and recently got into meth, has a 2 year old and am terrified of what is going to happen to her if she does not get help, she went into rehab but they only kept her 3 days and now is going to 5, 8-hour days of therapy. Her and her mom are always at each other, do not get along (mother is also bipolar), Any ideas as to what I can expect? Any information would be greatly appreciated.
RE: totally not MT related
What a childish attitude. The woman is not seeing your husband, nor is she interested as per your post, so why would it upset you? Your best option would be to put it out of your mind and consider placing your anger at something more important.
Are we related? I have a cousin just like this....sm
as long as she thinks the spotlight can be on her she's all for everything - but if she's not in the spotlight then she doesn't show up, etc. At least I got off the hook when she got married for the FOURTH time - she had a small wedding and invited my nephew (ring bearer), my sister/brother-in-law and my brother (photographer) but I didn't get an invite as she didn't have space.... so I never sent her even a card acknowledging her marriage.
I wonder if your family is related to my MIL
When I decided to stay home, she had a fit! I told her it just made practical sense. We had a premature daughter and with all of these warnings about RSV in preemies, I just decided not to take the risk of putting her in daycare. Especially since I have experience in a field that allows you to stay home. Well...when we told her this decision, you would have thought the world was falling apart based on our decision alone. What she doesn't realize is the money we are saving by my staying at home! No daycare bill, no money spent on gas or lunches. Even after we explained it all to her she still didn't understand. I got to the point where I just basically told her it was our decision and our business. We were the ones paying OUR bills and we were the one worrying about our daughter. You would think the lady would be supportive because this IS her granddaughter, but oh no. The funny thing is she doesn't mind calling me and asking me to watch her other granddaughter whenever the sitter is sick or has a vacation because her other daughter-in-law "works".
Oh! The MIL works at the local bank... I make sure I go to her lane every time I go into to cash my check!
not related necessarily
but I need a part-time job and would love to find one in DQS. Actually, at this point, would like to find anything I can do. Would it be too much to ask to e-mail me with any leads? TIA.
Eye related question . . .
Is it possible to have the beginnings of macular degeneration with a perferct field of vision?
I would look into something health related
I'd look into something in the health field so that your MT background is at least partially relevant such as insurance claims processor for a health insurance company, a coder, or in billing for a large clinic or hospital. I don't think any of those require more college, although they may prefer some training at least. There are of course many other directions in the health field, but many have you interacting with people.
MT and non-related work
Hello Fellow Transcriptionist. I was wondering if someone out there could answer a few questions to set me on the right track. I would like to freelance medical and non-medical transcriptions as well and was wondering how to charge for this by the page or by the line count? Also would like to know things to avoid or helpful tips with this adventure?? Thanks a ton.
On the granparents topic..what would you do.sm
In our house, the kids have been raised that if they do something wrong then we should hear about it from them, not someone else. This helps to foster responsibility and open communication so things can be discussed as the growth and get into mishaps of the ages.
Hubby's mother has always wtached the kids while we are on vacation. This year I was a bit leary and so I made other plans, which he had a fit about it would hurt her feelings, blah blah blah. I left STRICT instructions for my good friend to be called for ANY trouble with the kids as she is not known for being good at standing up to the kids...hence the worry with 3 teens.
Anyway, we get back from vacation, everyone is weird the first night we are home. The kids all go off to school the next day and even weirder is that my MIL stays in her room until hubby is up. THEN she comes out bawling and blubbering about how we should not be mad. After 30 minutes of her crying jag it comes out my son was arrested while we were gone. She did her ususal, no punishment, no in trouble of any kind and let him sit on his ass while suspended. To top it all off, AFTER she leaves I find out he was suspended AGAIN only 3 days later and nobody bothered to tell me this...I am told by a daughter who informes me she waited for her bother to tell me or her grandmother as my son had thrown the origial mail to me away. I just blew up..to say the least...suspended twice and arrested in 10 days....whole new territory to me and all she can do is cry about how we should not be mad at him and not to punish him. Really?
Now, I REFUSE to let my children go there as I do not feel she has any idea what dangerous behavior is and even when she had the names and numbers of others to deal with any problems decided to hush things up and not use them. To top it all off, SHE told my children not to say a word to us when we got back....basically having them lie to our faces when we asked how things went, etc. when we got back. I am sooo furious I could spit. Hubby cannot believe I will not let her have my children any more and says I am insane.
I want other opinons if YOU would entrust your children to someone who pretends such activites did not happen and sweep it under the rug and break huge house rules of being truthful with the parents. She pulled the "if you love me you won't tell your mom and dad" crap and do not feel she can be trusted with supervising teenagers for any time whatsoever.
Yes I am. That's what the original topic was, after all.
agree with you on the Nagin/Blanco thing. Did you want to change the subject?
I don't have tunnel vision.
You can usually tell by the topic whether or not it pertains to MQ.
Jumping in topic....
A third of my work is radiology and the rest is basic four reports. I prefer doing rad because of the fast pace. It's a small hospital with a rotating doctor and I do anywhere from 50 to 150 (this is not counting combined reports) reports a day which only takes a couple of hours of my day. Would really like to do more rad but afraid of the committment it would mean. Any suggestions?
off topic...need help with cat problem..sm
does anyone know of a good over the counter tape worm medication. the cat has fleas and a tapework. I know the frontline is the best for fleas, but unsure of the tapeworm. Thanks for any advice!
I think it means it's a hot topic -
been viewed a lot of times.
off topic, but bear with me here
would you be upset if your husband had been somewhat unfaithful in the past, but the two of you worked through your problems and sought counseling and now had a stronger marriage than ever? except you didn't know for certain about the somewhat unfaithful part until after you had reconciled and renewed your vows? but then you find out that your mother-in-law knew about the infidelity and preached to you about marriage and family without telling you the whole story? because it was her son's place to tell me, not hers. and now you find out that she is friends with this other woman and calls and emails her on a regular basis, which is more than she does with you? do I have the right to feel angry and betrayed here? or am I seriously just overreacting and freaking out about something that's in the past?
Off topic - please do not flame...
I will be moving to a smaller house (simplifying and paying off my mortgage in the process..yay!) and will need an Aerobed for guests. For those of you who own them, are they comfortable enough for an elderly person? I have seen some really high ones and see that you can now purchase a separate frame. Any thoughts? TIA.
Off Topic. Does anyone take Lexapro?
I was on it for generalized anxiety disorder and it worked great. I felt like me minus the anxiety. No side effects at all. But I did some research about weight gain and so I stopped taking it. I was only on it for one month and the weight gain supposedly starts to appear after a few months to a year. And we arent just talking 5 pounds or so. People are reported 30-50 pounds.
I would like to go back on it but I have been really good with my exercise routine and am really looking forward to fitting nicely into that bikini this summer. I am torn.
Anyone out there who takes Lexapro and has not gained weight????
why not start this topic? sm
Those who want to participate can and those who don't won't. The lady asked for help and advice not insults. Grand for you, you were smart enough not to put yourself there but this girl made a bad choice and her aunt is asking for some help, support and ideas.
Why be ugly about it?
I know this is off topic, but I just had to share with everyone that
$30,000.00 scholarship for her community involvement going back to 7th grade. She wrote a paper on how all people should get involved and make a difference in other peoples lives. I'm the proudest mom in the whole wide world! :D
Great Topic! sm
I use the basic sites: Google, One Look, Rx List. Here is another great word and equipment site that I saw posted on this forum: www.eneel.com . Here's an interesting site to search hospitals & nursing homes: www.zapconnect.com .
|