Child labor laws haven little or nothing to do with it. sm
Posted By: CM on 2006-07-02
In Reply to: Just my own personal opinion but - sm - Mom
If children aren't developing a decent work ethic, or expect things handed to them, that's something they're learning at home (or, rather, /not/ learning at home). I'd look first to the parents before I'd start blaming outside influences.
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You have to be IC because of labor laws sm
I don't know of any companies like this because they have to verify the # of hours you work. Most places require a set # of hours per week, if you are full time often 32-40 hours, PT 20-32. All I have dealt with require the hours be met more importantly than the lines, they have to have staff to cover set hours for client needs. If your lucky enough to type 250 lph, apply for part-time, then you'll only have that 6 hour day you are looking for and not be obligated to type longer, then if you don't meet the line requirement in that time, you'll still have room to type longer without costing the company OT if you need to type another half hour or hour longer than expected to get there. These companies have to be very careful to keep track of the hours because they are required to pay OT for anything over 40 hours, and they have a minimum line count so they know the have people that can get the work done instead of people that aren't disciplined to type from home. All of this is just what I have seen in my 12 years as an MT, may be different for other MTs.
US labor laws
Maybe this company is claiming ignorance of US labor laws b/c they are based far, far away. I have no idea, really. It's a lame excuse if that's their thinking. Something's very wrong at this company!
IC labor laws
HAPPY THANSGIVING... Could somebody point me in the direction I am needing to get the independent contractor labor laws. And can an employer tell you that you can submit your work in an e-mail if you cannot get into your system. Doesn't that break confidentialty laws? Anyway I am needing to know how IC work, works. Can I set my own hours? If I am too sick to work for a day and I tell my employer can they charge me a penalty fee?
I would appreciate any help I can get.
Labor laws
That is because a lot of MTSOs abuse the IC status. They treat the MTs like employees instead of ICs. Many years ago I worked for a service that fired someone. That person went to the Labor Board and the service had to pay back employee taxes on everyone. We all had to get a second account to satisfy the State that we were ICs and not just working for one company, which they considered a employee situation.
Labor laws
Why was your last thread locked?
to break labor laws?
x
link to DOL - Labor Laws
It is against the law to be fired for turning your company in. If you have a complaint file it. Also, it is the responsibility of the company to keep a log of all hours worked for each employee. The way we are treated needs to come to an end! I cannot take it anymore and am getting out of the MT world after 10 years of working from home. I signed up for some classes at my local college and am actively job hunting. For everything that we have to know to be good at this job we are way underpaid. Ten years ago, I was making more as a newbie than I am now. I may have to start out at the bottom with a new profession, but at least I know I will work my way up...instead of working my way down as an MT. I hope a lot of people read the posts I have put on here and take action. It is scary to go out there after 10 years of being at home, and after all the abuse we have endured our confidence is down, but we are all smart, hard working women and we deserve better.
http://www.dol.gov/dol/topic/wages/index.htm
I sent HR the fair labor laws info and asked if it was
for real and had a few interesting phone calls after that. Later heard somebody didn't make lines, got fired, appealed and proved we had no work, and UE told Precyse they have to pay. So pick a story..... It's like anything else, believe what you want.
LABOR BOARD / MINIMUM WAGE LAWS
Regardless of all the bull dished out by the MTSO companies, especially as it pertains to VR, i.e., We're cutting your pay 50%, so you'll have to work twice as hard - but you're going to LOVE the platform. Also get tired of hearing about Learning Curve and wonder if my grocer, landlord & hungry kids understand this learning curve concept.
However (and the MTSOs can like this or lump it) WE MUST BE PAID FEDERALLY-MANDATED MINIMUM WAGE for workers with employee status - whether straight typing, VR or being required to babysit computer during no/low work. Of course, it's exploitation to cut wages in half from an already insultingly low rate & most MTs are surely feeling the pinch. But whether 2, 3, 4 or 10 cpl ... minimum wage must be paid. (Sorry Suits/MTSOs - the law is there for a reason!)
Every state has different labor laws. Each hospital has different needs. Good luck!
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We have privacy laws in this country, and you are held accountable. Our privacy laws
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Would I tell my child
I would tell my child that determination is a necessary start. I would also tell them that a PROPER education is key and to beware of shoddy or inferior schools, especially in the field of MT. The field is just too competitive and there are too many good schools. I do not care what sacrifice I had to make (second mortgage, second job, borrow from family), I would see that my child went to any 1 of the big 3. I have done recruiting and I know how some of these lesser schools are viewed .
You must have seen the ad that has the woman with the child on her lap - sm
That's a joke. All the pictures show the moms with the kids on their laps transcribing away. DOES THIS SEEM REALISTIC TO YOU?? But yet, people fall for it! I have been doing this for 15 years and make $62,000, but I PAID MY DUES AND WORKED MY BUTT OFF to get there. I worked in a hospital with others around me to help me out, when I was confident I left and worked at home, now I'm doing my own thing.
Nothing wrong with a 70's child!
Who are you to say that her apology shouldn't be accepted? Wow, yourself.
My taxes pay for your child
Here again our taxes are paying for you having children -- tired of it. People that get money back or even more than they pain all due to having kids -- we pay for their children. No wonder we have such a deficit and such a work ethic, -- they want everyone to take care of them -- so tired of that.
Hot Child In The City
But just think how much easier it'll be to look at that electric bill! I keep ours over 80, but I'm the opposite...65 and lower and the heat is ON!
I'm an uneducated child who..:
Makes $5000 consistently! LOL. BTW, it helps to learn teenage slang so you know what's going on with your kid. Did I finally shut you up or what? Cheers!
or a selfish child...
that's what my kids used to say until I taught them that they need to care about other people, too. We need to work together, folks.
I have 1 child at home
I used to try to work very early, but my accounts have no work early any more, so now I work through the day around nap times or whenever I can squeeze a minute in. It is not easy at all, but the alternative is paying for daycare, so I keep struggling through. I keep hoping it will get easier.
I love my children but having a child does not mean
everything is honey and sunshine. I really think nothing anymore about people who say they do not want. I think they are being realistic about a job you give yourself to for 18+ years, sometimes with not the most pleasant of outcomes in a relationship when a person who wants other things strives to have what they want and what they need. I used to think people who said no children were selfish- I understand their statements now. Motherhood is very much played up as far as I am concerned. Most of these posts are speaking from having young babies, toddlers before teen years and grown- those are the really good years. No pity needed nor wanted. My children had a very priviledged upbringing.
Yes -- we are all so very aware that you are their Golden Child. NM
xxx
golden child! LOL! good one. nm
//
Was your child so sick you have to permanently
stay home or could you have returned to your job with just a small amount of time off? A good inhouse job would be hard to give up unless totally necessary but by now that inhouse might have outsourced anyway. I had 2 that did. I do not read the board but what is the going price now? I work parttime now and make over $20 an hour as independent for a national.
FMLA for the birth of a child
I work for Spheris and am questioning their FMLA policy. They are telling me that while I'm eligible for UP TO 12 weeks of FMLA, they are only approving 6 weeks after the birth of my child. According to what I read and understand about FMLA, for the birth of a child you are entitled to the full 12 weeks but HR is telling me that it's up to them to decide what I am able to take off and right now they feel I only need 6 weeks unless they have a doctor's note to extend it (which my doctor will not provide as there is no medical reason at this time). Everyone else I know gets the full 12 weeks and has never had a problem with their employers so I'm wondering who is right.
Fed laws for OT pay
For years, Cymed only paid some people a premium for working OT hours. We didn't even know they were paying some people and not others, let alone that they were supposed to be paying EVERYONE premium pay.
Found the following re: Federal Gov't laws covering OT worked:
http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm
This fact sheet provides general information concerning what constitutes compensable time under the FLSA. The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined without knowing the number of hours worked.
They not under our laws
that is how they get away with it
I also have a special needs child, but my company routes
our work so that one person can't do lots and lots of minutes and there not be any for the others. Usually there is plenty of work for everyone to do lots and lots of "extra" minutes. There have been rare days where there wasn't a lot of extra work, usually due to the hospital system being down, and I may be a couple of hundred lines short because there needed to be some work for everyone, but usually the next day there was plenty to go around. Unfortunately most companies just want the work done and doesn't care who does it. If someone stays up all night to work that is better for TAT, which is a major concern with most companies these days.
If ya think $877/month for empl+child is fair..go for it
Just thing of ABducting a child..take a way. ADDuc
d
"How to avoid your child while you work"
I had forgotten about that. I was so disgusted about the other OSi tactics but that little jewel was in the back of my mind. My baby means everything to me and I will avoid OSi while I work is the bottom line.
My child is insured by her father, but I do not have insurance
and as far as work availability. I have worked for about 4 different companies in the last year. Things start off well, plenty of work, and then all of a sudden the work dries up. Currently, I have 3 backup accounts, and yet still out of work. Tired of hearing about slow downs. When I worked directly for hospital, both while I was in-house and at home, we had slow downs. They lasted a day or two at specific times of the year. We could use our PTO to take time off. With these companies, there is no backup for no work...no work = no pay. I cannot depend on my income at all since losing my hospital job. I have not made anywhere close to what I used to make and Im just totally frustrated. The economy of the state I live in is such right now that jobs are few and far between and the unemployment rate is very high right now. Feel like I am running out of options.
It has to do with employment laws in SM
those states.
Partially due to HR laws...sm
I think it's a combination of needing the bodies like someone else said, but there's also a TON of hoops to go through in order to terminate employment on a quality basis.
Also, with the new HIPPA laws, NO
hospitals tell people any info, who call off the streets asking about accounts, who they dumped for transcription, who they use now, etc. If its public info, the contracts can be researched. Otherwise, I know for a fact that they don't just go blabbing private info to busy-body MTs calling for poop. It doesn't work that way! Also, for your info, most hospitals have multiple services doing their transcription at any given time, including inhouse MTs. In fact, rarely would a large facility use one service, so your info is meaningless!
Laws and checks
A person who knowing gives you a worthless check has broken the law. In most places $400 and over is a felony. I think some have laws that state $500. Another law was broken when they put a stamp on it and mailed it to you. I would put it through twice (required by most sheriff's departments) and then turn it over to the sheriff's department. If they tell you to do this in the state/city where the check was written, do so. They will cease ripping people off or they will lose a lot more than transcriptionists. I speak from experience.
Agree. Child at work. Run along, little Initial Capser. nm
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I don't think it is acting like a spoiled child to share your experience...
the original poster asked the question, we are just sharing our side of the story...
There are no laws governing vacation/sm
time. Why would you assume this is not legal? I don't work there, but it seems to me that this would be explained as part of the employment process and if the MT doesn't like that, then they wouldn't accept the job, right?
It's a big deal because laws are being violated SM
and they are playing games (all of the companies). They think they can have their cake and eat it too. You either want an employee or an IC. If you have ICs, then you cannot tell them when to work, how to do the work or provide any of their equipment. If you are doing any of those things, then you have turned your IC into an employee - then you must follow labor laws, which include pay for overtime.
I'm glad these companies are getting sued. The only thing they understand is when it hurts their wallets. If that's what it takes to get them to operate within the law, then that's fine by me.
Check the laws in your state. SM
In my state, the number one reason to qualify for unemployment is lack of work, even if you are still employed (a lot of circumstances to consider here). The company can threaten you all they want about production but if they are not providing the work, that is their fault. If they let you go, you DO qualify IN ANY STATE if it is for lack of work. The unemployment here has a 1 week waiting period, but apply for it ASAP. It is only going to be about 50% of your regular income though. This is determined by the highest amount of quarterly pay you received in the last 5 quarters. If there is any unemployment office near you, they can answer your questions. You can even apply online there with a counselor available to help you if you have any problems.
Dont they make you feel like a child with the threatening emails?
,
They also offer paternity leave and also both leaves for adoption of a child.
I love these people.
Check the Laws and lost suits
Anything you post on a public chatboard or in a chatroom can be used against you by your employer as reason for termination if they so desire, and you will lose in court if you try to sue them. Plenty of these suits lost since the Internet started.
I worked for a bad legal transcription firm for 3 wks - fired after I posted on a legal chatboard (along with tons of others) - within hrs of posting some stuff. Definitely was why - no doubt. I then began researching whether this is legal - and by god it is. I used an anon name and no email. This co later had all neg posts regarding his co removed from the site.
As to this chatboard - the co I just left had many, many posts removed because they did not like their content.
Fortunately most cos recognize the need of folks to vent and don't want to be bothered. But some of these smaller cos really monitor posts, and mgmt posts as if they were MTs in response to neg posts or just to toot their own horn.
My company doesn't evade tax laws. They don't have
state tax. I didn't have a question and my DH and I have a very solid marriage and aren't going to split. You sound bitter.
If state insurance laws mandate it
they will, or they will not be allowed to sell policies in that state. I believe Illinois requires coverage for IVF.
pregnancy is a disability when you have complications/C-section/ and even child birh is a procedure.
So just because you didnt get money for your pregnancy, then just get over it.
I had a horrible time with both of my pregnancies and could not work even though I wanted and needed to.
People can get off of work for 6 weeks for drug treatment, mental angious, etc. Those are not disabilities but are conditions that warrant time off.
I think someone is turning green with envy and doesnt handle life well.
Don't be so quick to assume that a company of that size does not know the laws. sm
It can come back to bite you later on; fraud has no statute of limitations.
You need to look at the facts: Companies pay unemployment insurance in every state they have employees in. They pay whether there are claims or not. The money paid to you was money paid into a general fund, so you really didn't do anything to the company themselves. It's not like companies write a check to the unemployment division; the money comes from money paid in out of taxes. Shame on you for taking money for free when you were an IC. It is illegal, it is unethical and your name should be assact, not classact, based on the obvious ignorance you have in most areas.
By the way, most MT jobs are employee status, not IC. If you were applying for jobs every week online and offline for six months and could not get a job, the answer is simple: You need a new career because you suck.
I live in Idaho.. and our laws are that you can only be fired and NOT receive unemployment ..
if you were fired for gross misconduct and boy is that a loose term. I worked for an office that fired two transcriptionists, each were absolutely horrible and used wrong terminology etc.. yet they were able to get unemployment because although they were obviously not competent for the job, they do not consider that gross misconduct. Strange laws here.. Just means you can stink at your job, get fired, and still get paid.. We believe one of the transcriptionists intentionally screwed up so bad that she would be fired and could collect unemployement.
Minimum wage laws are for employees only, not independent contractors
Would you pay your plumber or pool cleaner (examples of other IC jobs) more because the minimum wage increased?
I agree and laws should be changed on this. For now, allowing this info is a fact of life
nm
Our work is considered piecemeal and not subject to minimum wage laws. Just what I've been told
MT
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