Cont.above: and your time off should not affect them.

• Have job offer for Focus Infomatics, need info (sm) - Looking for new rad work
  • Focus - FLMT
    • If IC lets co. use her as employee, setting sched, - controlling her time, saysing how to do work, if
      • What criteria determines whether or not IC - IC
      • audited, trouble for co. and IC. Be nice & courteous - but don't be an employee. nm
    • If you are an IC you shouldn't have to ASK to take - me
      • Actually this works both ways. If she wants - sm
        • Nobody suggested OP not tell them when she - needed off. Said as IC, she didn't need to ASK.
          • That is exactly what I meant. I also didn't say - me
          • Reminded her the company is not employer of IC. - nm
      • It is just plain courtesy... - by
      • Agree! MTs need to know what it means to be IC. - Should think in terms of how would treat plumber.
        • Re above. Sorry to offended MT, but OP is prime - example of how ICs dont know what it means.
          • give me a break - FLMT
            • If you are IC, the company is NOT your employer. - Do you get that? Not saying be discourteous. nm
            • Your post makes my point. If IC, company is NOT - your employer!! YOU are your employer. nm
            • not to mention being discourteous to your co-workers this comes across as being a total ah - nm
              • How so? If they are IC, and know what that means, - shouldnt bother them. They do their work, why does
                • Cont.above: and your time off should not affect them. - If they want to work extra on your jobs, fine. If
                  • they dont want extra, they wont take it. - nm
              • Your concern need not be coworkers. Work is not - social club, it is business. nm
                • So just disregard others as if they were nothing and do what you want anyway? - MT
                  • Never said dont inform co, be discourteous, etc. - Said IC doesnt need to ASK for time off. nm
                • Schedules? - Lillybelle
                • ?? - FLMT
                  • Agree 100% professionals should be courteous at all times no matter what employee status - nm
                  • Never suggested being discourteous. Just saying if - IC, behave as such, not as an employee. nm
                    • IC have the luxury of working when they want - nm
                      • Or, IC has to work when there is work available to - her. nm
  • Focus - Chavera

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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?

The phone company doesn't wait, the cable company doesn't wait, and the electric company doesn't wait for their money either - all of which I need to pay in order to do my job.  I work when I am supposed to, I help when behind, and give 110%, and I ask for my check to be on time. 

I think if an MTSO is going to have to mail checks they should do so priority to make up for the delay.

TransTech should not be giving out work to PT people on their DAY OFF, or any other time BEFORE a full-time MT has enough work    !!!!!!!!!!!!!!!!!!

I hired on with them part-time on or about September 8, kept getting run around as to when I was to actually start transcribing. Team lead emailed to say she had a very very good account for me to start on.  I was trained 25 minutes. Then, there was an issue with my ID and password to get into the system.  After about 2 weeks, got ID and password, but it didn't work.  Then I get an email from another supervisor advising that I would be on another account and they seen the specs. So, I get an email some time around the first of October saying I can start typing.  In the meantime, Focus has a MT Forum, and I'm reading all these negative remarks from the MTs stating a lack of communication company wide, to the terrible QA department being not all on the same page, and being deducted points for blanks and such.  By this time, I was exhausted from waiting, and exhausted from hearing all the complaints from the MTs actually working there, that I sent an email to team lead saying, I had changed my mind about working there.  This is the most chaotic, disorganized, miscommunicated place I have ever seen in my entire 32 years of being an MT.   (If there are any errors in this forgive me.  Don't feel like proofing this)