Pay adjustments per patient

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Pay adjustments per patient

Postby MarcSpade » Fri Jul 26, 2013 9:24 am

Hi all, looking for some perspective here.

When I first came to my company, we got about $20 per hour for a standard RPSGT. After about a year, then introduced a new policy that stated if it was a one patient night ( I work alone at two bed lab ), $50 would be deducted from the pay check. They also stated that they would soon be making the two bed lab a three bed lab so though I would lose money on two, I could make more money with three. The lab never got more beds, so I've only suffered a deduction with no chance to compensate with more patients. This week, with 6 one pt nights, I lost $300 on my paycheck. I'm wondering if anyone else has been experiencing or heard anything about this and if there is anyway to stop it. I've done the math and it seems to be about a $10,000 decrease yearly.

Some people in my company are claiming it was an illegal adjustment but don't know what to do about it.

Any advice is welcomed.
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Postby somnonaut » Fri Jul 26, 2013 11:33 am

Call your state labor dept. and ask them.
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Postby #42dreamweaver » Mon Jul 29, 2013 12:46 pm

I've worked for IDTF's and hospitals in my decade of sleep. The hospitals pay hourly and the IDTF's made the rules up as they went. I was told up front that I would be paid "per shift" & if there were no-shows or 1 patient nights, it would be less money. I agreed and worked for them for some time. However, if you are paid hourly, I don't see how they can do that. You can call the state labor department, but do it anonymously, because if they know its you, you may end up with no shifts.
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Postby K-sey Complex » Mon Jul 29, 2013 10:36 pm

Call the state. If they are breaking the rules, rat them out. And when they fire you (likely) you can sue them for wrongful termination. The other alternatives are: Suck it up or find a new job.

Sounds harsh but revisit this post in 6 months. If you have found an alternative, let us know what it was because just saying "Hey, you cut my wages and I'd like to bump them back where they were" is probably not going to happen. They knew your pay was cut before you did. The cut was no accident and $50 says you specifically were considered in the decision since you work alone but they made the cut anyway.
I suggest you treat your employer exactly how they treated you.
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Postby K-sey Complex » Mon Jul 29, 2013 10:37 pm

Call the state. If they are breaking the rules, rat them out. And when they fire you (likely) you can sue them for wrongful termination. The other alternatives are: Suck it up or find a new job.

Sounds harsh but revisit this post in 6 months. If you have found an alternative, let us know what it was because just saying "Hey, you cut my wages and I'd like to bump them back where they were" is probably not going to work. I could be dead wrong though.
They knew your pay was cut before you did. The cut was no accident and $50 says you specifically were considered in the decision since you work alone but they made the cut anyway.
I suggest you treat your employer exactly how they treated you.
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Postby burchab1 » Mon Nov 11, 2013 9:10 pm

The reasoning behind this is the tech gets paid $300 for 2 patients (25 per hour) and a reduction of $50 for one patient is because you would not need to work the whole 12 hours. In our lab we pay by shift. My techs hardly ever work the entire 12 hours so instead of them sitting around waiting for the clock to change they can leave when they are done. So they end up making more per hour for 2 patients and usually with one patient they can be done in 10 hours so they are still making 25 an hour.
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Postby MrBig » Fri Nov 15, 2013 8:12 am

Tell them to deduct from whoever is responsible for filling the bed.
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Postby somnonaut » Fri Nov 15, 2013 9:19 am

Or...have a bonus system for the day schedulers, and if they fill nights, they get some sort of bonus.
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Sleep Techs must be paid hourly per Fair Labor Standards Act

Postby sleepprofessional » Wed Nov 27, 2013 8:29 am

Sleep techs are classifed as "non-exempt" employees by federal labor law, and must be paid hourly. 29 United States Code, Chapter 8, Title 29 (Fair Labor Standards Act)...is what you need to read, and can do so at www.dol.gov/whd/. For Burchab1, this is where your techs can report your lab's violations of the law, and then file a lawsuit against your lab for violating FLSA. If you're in Florida, you can contact an excellent labor law attorney at www.GetFloridaWages.com to file your lawsuit. Stand up for your rights, and STOP allowing Sleep Techs to be exploited.
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Re: Sleep Techs must be paid hourly per Fair Labor Standards

Postby tiredjohnny1 » Sat Dec 14, 2013 9:47 pm

sleepprofessional wrote:Sleep techs are classifed as "non-exempt" employees by federal labor law, and must be paid hourly. 29 United States Code, Chapter 8, Title 29 (Fair Labor Standards Act)...is what you need to read, and can do so at www.dol.gov/whd/. For Burchab1, this is where your techs can report your lab's violations of the law, and then file a lawsuit against your lab for violating FLSA. If you're in Florida, you can contact an excellent labor law attorney at www.GetFloridaWages.com to file your lawsuit. Stand up for your rights, and STOP allowing Sleep Techs to be exploited.


I am not attorney but after visiting the dol website I believe that sleep techs meet the definition for the 'professional' exemption. If not, managers who score would meet the definition for 'administrative' exemption. Unless there is evidence to the contrary in court or other public records, I will believe that we can be paid a salary, especially scoring managers.
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Postby tiredjohnny1 » Sat Dec 14, 2013 10:13 pm

Besides all the labor law really does is 1) require overtime pay for hours worked more than 40 in a week and 2) require minimum wage. If the tech is making more than minimum wage and is not working more than 40 hours, there is no violation of federal law.
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Postby somnonaut » Sun Dec 15, 2013 5:42 am

Scoring techs might fall under Professional Exemption
Learned Professional Exemption

To qualify for the learned professional employee exemption, all of the following tests must be met:

The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
The advanced knowledge must be in a field of science or learning; and
The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

But why would an employer do that which would mandate paying $455/wk?
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Postby #42dreamweaver » Mon Dec 16, 2013 3:53 pm

There should be a stipulation that when a tech calls the supervisor for information they have in the chart in front of them, they are docked pay. 1/2 hour for every question. What say ye to this? :lol:
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Postby somnonaut » Mon Dec 16, 2013 9:45 pm

There should be a a fee that techs charge for the usage of stupid forms and poor data conveyance. Especially when the only reliance for pt phone numbers is scribbling in margins of forms...if lucky.
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Re: Pay adjustments per patient

Postby burchab1 » Fri Jan 30, 2015 4:35 pm

Ok well I just spoke to the NC wage and labor department about paying different fees for the number of patients because that is what we do and what you have called me out on and said that my employees can sue my company......
I was told that what we are doing is PERFECTLY LEGAL!!! Yes that is right we are not violating any polices or laws. As long as the tech is making more that the minimum wage (which they are). We are not violating any laws.
So, There ya go.
I don't mean to sound pissy but here is the deal. If you don't like what your employer is doing or how they are paying you, quit. No one is forcing you to work there and I am sure someone else is more than willing to take your place. Would I like to pay my techs $50 an hour and pay them even when no patients show up? You bet. But I would also like to make sure we are making enough money to keep the lab open so they have a place to work and our patients have a place to come to get help.
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