(cont'd from above) ...to see what happens.

• Honesty is not the best policy? - Nanny
  • NANNY GOAT? - Nanny
  • I'm going to lie but about something else. Have 18 yrs exp - but going to lie & say I have 3 yrs
    • I would politely beg to differ - fatcat
      • Have you been job seeking lately? Whole different world now. - Experience gets paid same as noobies across the bo
        • You betcha I have job-seeking lately - fatcat
          • Well I'm happy for you then. At least someone's getting a job. - Nearly homeless after lil to no work past 6 months
      • they used to pay for experience. not now. agree with sm below - going to try lying about having less exp to see wh
        • (cont'd from above) ...to see what happens. - The lying-to-be-a-newb poster above. nm
    • Those of us that have been at it long enough - sm
  • Perhaps they recognized your rants on these boards - About your previous employer, Nanny Goat?
  • Not always - Happy MT Robin
  • Why did you leave the former company? - (If it's OK to ask)
  • Let me guess, company started with a K? - me
    • Bingo! - Nanny
  • I guess it depends on what your error was. - NM
  • WHICH COMPANY - lizzie
    • Did you consider that possibly they do not have anything that fits what you want or that sm - Glass Half Full

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>>>This is what I meant above by how a company is saying work this shift as an IC at this line rate.  As an IC, I have the right to work when I choose to work, not when my clients choose.  If my clients want to make demands (and yes I have one client that is an MTSO), then I would become an employee at that point and they must pay my taxes. 

You’re half correct. What you would become is a statutory employee (SE), not a “regular employee,” like you would be if you worked in an office. In the case of the SE, the company and/or individual they provide service for would be required to pay 7.5% of the social security tax, but that’s as far as it goes. You would still need to withhold your own federal tax in addition to other taxes like Medicare. Furthermore, and the law used to state that anyone who works exclusively for a single company/individual is classified as a SE, by law.

The 20 guidelines I posted here and on the Main Broad are merely a framework. Each individual should speak with a lawyer who specializes in Employer/Employee law or directly with the IRS.  

>>>I've seen people post as employees saying they have no work during their shift and are asked to flex, which is also wrong.  It's just crazy how this profession continues to be used and abused and now there are MTs convinced it's okay because they need a job.  It's just a neverending cycle.  JMO

I don’t agree that (all) MTs are convinced it’s okay. They’re simply not fully aware of the laws, or they know the laws but feel they’re stuck “between a rock and a hard place.” Either they “agree to the terms” (of the contract) or they won’t be able to pay their bills. But, it’s still the element of control and the MT *still* has the final say:  “I agree to the Tues-Sat shift for 8 cpl.”

There are two other issues that come to mind. First, the line rate. An IC determines what constitutes a line, and informs the client accordingly. Usually, they choose the software they wish to use (i.e. Sylcount), but sometimes the MTSO will tell them, “We use Abacus and count spaces and returns only; no formatting codes” and that’s okay. However, if you have IC status you should NEVER let the MTSO do the line calculation on their end and then tell you how many lines you’ve transcribed. Doing so gives the MTSO “the element of control,” which makes you their employee.

The second issue is a little trickier and it concerns the “application process.” Again, what applies to the IC also applies to the MTSO. When the MTSO approaches a client (i.e. Osh Begosh Hospital) to offer their service, they try their best to sell their service and secure a contract in the process. They do not fill out a job application nor do they take a transcription test. That’s what an employee does, not an IC. The IC provides references, and that’s it.

In the final analysis, knowing the law is one thing and adhering to the law is another. You can tell the service what the law is, and they can just as easily tell you that your services are not needed. And, unfortunately, that’s pretty much where it’s at right now and where it will continue to remain.

Does that necessarily mean anything?