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But is it against the law to state ICs work specific hours or days?

Posted By: greenie on 2006-06-07
In Reply to: Define IC, please - nance

nm


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Sorry, I work 15 hours a day 5 days a week and 5 hours the other 2, when I come here I dont proof.
nm
I am part and I do work specific hours and
unless we have tornado warnings, lightning and such, I am usually at my desk working away. I really hate to see someone ask about trying to find a company to fit in with their schedules. Most companies do not try, never have and probably never will, to fit in with our schedules. I feel the person writing such is very naïve and has not been in the work force very long.
Because people only want specific work types, easy dictators and certain hours...
That is why some people find a shortage of work, while others find an abundance. I cannot believe these last few threads and the vitriole of some of your responses. Any time a company is mentioned, any company, there are always a bunch of negative responses.

Maybe you all should check within yourselves to find out why you do not have enough work.

I happen to work for a company that is being negatively mentioned in these posts, and I am extremely happy. They may offshore, but they treat me very well, are communicative and I have never missed a paycheck. I also will do any work types, ESL, and will help out extra when asked. This is one of my first times on this board and I probably will not be back.
Are you ever able to get OT or work more days or hours if you want if employee.
Thanks for the input
You apply with your hours and days available and try to cut a deal, especially if willing to work a
s
Not so easy when you make top pay and work days and hours of
xx
I do work all hours, including my days off, and 3rd shift

to try to make up hours, but I'm short most weeks.   There are lots of accounts with low work, yet they keep hiring more.


I don't need the benefits, but I was told that if there is no work it will not affect benefits.   I am new too and not eligible for benefits until next month anyway, so I can't say if that is true or not. 


 


what town are you in? if you don't want to be that specific then maybe county/state info
nm
It's not rocket science - you need specific hours = hire an employee (sm)
You need a specific TAT but not specific hours = hire an IC. The IRS, each state's Workers' Comp laws and so forth make it VERY clear about what determines an IC and what determines an employee. If a company needs someone from 4:00-8:00 p.m. Mon-Fri, then that is a part-time employee, and in some states automatically a benefited employee.

For example, if you need a housekeeper or nanny for specific hours, that person becomes an employee. I vaguely remember a politician getting in trouble for this a few years back - not paying taxes, etc. for a nanny, by calling her an IC when in fact she was an employee.
Most want 20 hours over 5 days, but it could be more, or it could be spread over 4 days. nm
s
With the state of MT these days, you can pretty much
be assured that any post you read that:
1) Defends offshoring,
2) Defends bargain-basement prices for MT to the client,
3) Defends low wages for MTs, and
4) Is all 'rah-rah' about how great their company is,

IS AN MTSO OR MT MANAGEMENT.

Real MTs just don't say or believe any of that garbage.
IC? No set hours if it's IC; shouldn't have to state
If it's employee, then that's a different story.
I have those days and hours. What's so amazing about it?
x
I think it is $12/hr and it was 4 hours + 1 hour training, 2 days. nm.
nm
the day has 24 hours, I work only 6-8 hours, so, lots of time to post...nm
nm
Maybe it was just directed to the people on specific accounts or a specific software platform. nm
nm
10-15 an hour for 8 hours is better than nothing for 8 hours when there is no work.
x
If they hire you to work on a specific account
Sounds too controlling for my taste.
Do they hire for one specific work type, say OP notes? nm
x
Employees work a specific shift at TransTech?
Or do you just have to commit to a certain number of lines per day?  An an IC with my current company, I commit to X number of lines per day, and as long as I get them done within 24 hours, I've met my commitment.  Don't want shift work, i.e. 7-3, 3-11, 11-7.  There is absolutely no flexibility in that.  Noticed in post before this that Diskriter requires a shift commitment or a split shift. 
I work at etrans. Would recommend them. Specific questions - email me... nm
x
That is what I just said. !0 days PTO, period. That includes vacation, sick days and personal days
They should have paid holidays so that you are paid if you take off. Also should inculde extra hours for sick days and personal days.

That annual raise of .002 is kind of a joke especially when at the same time they upped the minimum line requirement from 10,000 lines to 12,000 lines.

OSi just does not have the qualified people in management positions that I wish to work for.

I am glad that you are happy at OSi and all is working out for you. Their dishonesty and the way they treat people just does not work for me.

Of course they can get by cheaply by hiring unqualified people so that is very good for the owners.
That's exactly what I was going to say. Yes, I work at least 12 hours a day, sometimes 15 hours
to get all of my line count in because I have so many interruptions in my day.  There is no way I would tell my company this nor expect them to pay me OT that they never asked you to do. Unless, I was called by my supervisor and asked to work extra for OT, I would never just take it upon myself to work and expect to be paid.  If you were not authorized to work OT, then your not getting paid. Point blank. I do not work at TT, but I have worked at enough jobs, at home as an MT and otherwise outside of home, that all have the same policy, your paid OT when your asked to work it. It's it is just a case of not being able to get your required line count in 8 hours, then maybe your in the wrong profession or possibly just the wrong company/account for you. This just seems bizarre to me. Just tell yourself, your not getting paid for OT because they aren't approving it so don't work it. Again, if you were asked to work OT, told it would be OT, and then they ask you not to record it, I'd pitch a fit, but from what I see, you've done this on your own.
Unless something has changed, health insurance rates vary state by state, so we may not have the
info you need.  I'm an IC so I don't have benefits.
You are correct. The state that rules is the state the employee lives in.
My state laws has is spelled out in their Code. If another state does not withhold, they are fined heavily and if they don't withhold for years, their fines are pretty bad. I worked for a Florida co that did not withhold income tax for my state even after I brought it to their attention in the state code. They kept saying that they would eventually and never did. After two plus years and when I left, I made it known to my state all the conversations, the state refunded me all late fees they charged me and then said they were going after the company in Florida because they had many employees in our state. They deserved it. They knew better.
Why would anyone work 8 hours a week. The poster above said 16 or 24 hours a week.
:
All nationals I work for you only work 40 hours unless they approve overtime.
x
If your company is never out of work or always back-logged, can you state the name? Thx. nm
,
The state you live in or the state where the MTSO is located? nm
nm
Isnt it sad. We just want to go to work every day on our shift, work our 8 hours and be done with it
Instead I sit here hours hoping the Indians leave some work for us so we can at least get our 8 hours in. Nothing like logging onto you shift and being told no work. Nice. 
they cant "make you work certain hours" but they can find someone that is willing to work them
If not, they dont have to hire you as IC or anything for that matter. So yes it is perfectly legal.

If she hires you as an IC and it doesn't state in your contract when she needs that particular IC coverage and she then dictates what hours you work, she cannot do that.


But she can refuse to hire you if you don't provide the coverage that she is looking for.



I work for a company in Florida too who gladly pays state taxes because
they know it is the law.
In my state, if they hire you full time, then do not provide the work you can draw unemployment -
You would have to talk to someone in your state, but I was able to draw partial unemployment while still working in Georgia. I had to report in each week how much I made and they gave me partial benefits. To qualify, you had to have been hired full time.
If company is in state that has no state taxes
they are not required to take out state taxes.  It's enough to keep up with your own state tax law code, could you imagine having to stay abreast of 49 other state tax codes?  The cost would be huge and ultimately passed on to us by lower line rates.  Regardless of who owes the tax, someone has to pay it.  Just a matter of convenience I guess. 
Not state by state, federal labor law - sm
and you don't have to be asked. If you work it, asked or not, they have to pay time and a half OT rate for hours worked over 40 in a week.

Taken right from U.S. Dept of Labor -
An employer who requires or PERMITS an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA)MUST receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.

Different state to state. You would be surprised to find

IC can be defined differently state to state.  Even the IRS cannot come up with a definitive set of rules.  You would be surprised how many ICs actually get unemployment in some states.  If the unemployment claim form asks specifically if you are an independent contractor, do not lie, but if it does not, do not volunteer it.  Let the company prove you are a true IC according to the rules of your state.  All you lose is a few minutes filling out the claim form.  I would only do it as a last resort.  If you can find work fast, by all means go for it, but the way things are now with all the VR and off-shoring, it is a backup if you cannot find work.  No one should go hungry because they are afraid to file for Unemployment as an IC. 


 


Seems like there's more days without work
now that these companies are outsourcing to India for cheaper than they have to pay us.

I think they give the Indians first dibs on work available and we get the sloppy seconds if there's too much for them to complete in a timely manner.
work 7 days
Don't have to work 7 days unless we WANT to? Who wants to? You have to when you get less than 1000 lines because of no work or servers being down. This is almost a daily problem and it is getting quite old. I'm tired of hearing this is the nature of the career. I believe that low census is not the only problem here. They are overhiring and the accounts are not coming in as promised. We are expected to be signed on and working on the shift we agreed to, yet it is okay they don't keep up their end of the deal and we have to scramble without a life to get lines in. Because it happens so much there absolutely should be DOWN TIME paid. When TT hires, why don't they tell people that they will need to get another job or 2 in order to make a living?
Unfortunately work is very low these days
I would be surprised if they hired anyone new now because we are working off shift and working on multiple accounts in order to get adequate lines. The work has been very very low lately. But who knows I think TT is always hiring. I love TT and have no intention of leaving but I hope that works picks up soon.
Who does have work these days?
I am having elective surgery in August and desperately need a part time job to help with my deductible.  Please tell me who is hiring for part time?
What hours do you work?
Also, which days? I was thinking of applying with this company. Maybe you could switch your schedule around a little.
They do want you to work the hours (sm)
you have committed to.  If you do that, you shouldn't have any problems making your lines - minimum 6600 per week.
How many hours do you work
between the 3? I have enough trouble working part-time at one and taking care of 3 kids, a dog, my house and husband. How do you do it?
I work 35 hours

The schedules used to be based on 35 hours a week, 172 lines per hour.  I don't know if this has changed with the new account.  It is something you need to discuss with the recruiter/supervisor on your interview.


I type well above 12,000 lines per pay period. So, it is definitely possible.


and how many hours do you work...100? LOL
x
I only work 6 hours a day - M-F. nm
x
They can get away with it, if they need someone to work those hours

then they can give the work to whoever is there to do it.  If you contract to paint someone's house, you are going to do it when they say you can not when you want to do it.  The customer has a right to expect something done when they want it done, not when you want to do it. 


No IC should have to work set hours.
That is absurd.  If there is any sign of control such as set hours no matter whether these MTSOs like to word it nights and/or weekends equals employee status.  Be very careful of these MTSOs who are getting away with paying an IC to be an employee.  PHewee...
i would want to work more than 40 hours is what
I just need a certain amount of lines since they only start out at 8 cpl!!
There isn't enough work for 35 hours. nm
 
Maybe she wants a PT job so she work her hours
around her husband's schedule, so that she won't have little kids interupting her work (which is what I do).  Don't be jealous just because you can't do it with kids, because there are those of us that are good enough to handle it.