IC labor laws
Posted By: Need information on 2008-11-27
In Reply to:
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.
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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!
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
Child labor laws haven little or nothing to do with it. sm
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.
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!
x
We have privacy laws in this country, and you are held accountable. Our privacy laws
x
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
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.
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.
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.
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
It may have to do with their labor law of ...sm
anything over 8 hours is considered overtime and must be paid 1.5x even if you work 12 hours one day a week.
It is no longer anything over 40 hours per week but anything over 8 hours a day. That, my friend, will cost the company plenty of money.
That is why companies are not hiring California MTs.
You might want to try IC positions......and not employee.
Labor Day. nm
labor board
Oh boy, I worked for a place like this. They didnt actually threaten the IC's...but...the first time an IC was not available they would send them an email and say that their services were no longer needed. They held IC's to a schedule and let them go if they didnt work the scheduled hours, so yep, agree with you, they say IC, but expect EMPLOYEE like hours and schedule.
So they are not doing offshore labor only?
Are you the OP?
SWEATSHOP LABOR -
c
Contact PA Labor
Oh, well if you were not a part of the HMC account, by all means if you were not paid, email me and I will give you our contact at PA Labor and Industry. Im sure he would be interested in hearing your story, as the Marinos are just pleading innocence to all our woes. You could be another cog in their wheel. Email me and I will give you his name.
PA Labor Board & D&L
They already have my information as well as the PA Sates Attorney's office.. There were a lot of us that quit in and around August, because when the big account people left, they ran out of money to pay us too! My question is what did they do with all the money that we made on the other accounts that were not a part of the big hospital account. Heard they (Marino's) live pretty high on the hog partying it up and jet setting or at least trying to keep up with the high society. Sounds to me as though they have a Champagne appetite with a Beer pocket book.
Ive used the Labor Board, and they definitely get
}:) heh heh heh
Labor board.
x
If I were you, I'd be at the Labor Board the next day
Even dinging employees' pay for mistakes is pretty low, but since you never typed these reports, I don't see how they think they can legally deduct your pay for not typing them. It would be sort of like if the government siphoned money out of your SS fund, to cover all the years you didn't work because you weren't born yet.
Ripoffs like the one you describe are exactly why your State Labor Board exists. Go sic 'em on that low-life employer of yours!
labor is not the only expense
an MT company has so your figures, while interesting, don't show the whole picture.
go to the department of labor web site
and check out their TAA and ATAA page --Trade Adjustment Asisstance Program and Worker Adjustment and retraining and notification act. Congress was talking about extending benefits for people who have lost their jobs due to offshoring. My heart goes out to your all.
thanks for the support, Labor Dept. did say ... sm
that they will investigate and they will get compensation for me on lost investment earnings. MW sent me a check for what they withheld from my pay but denied my request for 4% interest that I would have gotten in my money market account. I truly hope this is just my problem and not the other 133 participants in MW's 401(k) plan. I have not been in the plan long enough to be vested so their contributions don't matter to me personally.
I'd pay a little visit to the LABOR BOARD, myself. sm
Many years ago, my last paycheck from an MT company I worked for BOUNCED. Not, once, but TWICE. (I put it thru a 2nd time at the owner's branch). So, I went to the Labor Board for help. They not only got me the money from the last paycheck, but also some insurance reimbursement I was owed to me. Apparently this had happened to others at that place, as well. A former co-worker told me the L.B. paid the COMPANY a visit one day, and they went through her office with a fine toothed comb. Found lots of illegal little problems going on, and put her out of business for good. What goes around, COMES around! ;p
That Acetera is going offshore labor only? NM
.
If Indian labor is so cheap, how come.......
there are getting to be so many Indian-based companies here and in India, owned by Indians? Do you think maybe this is a lucrative field for owners of transcription companies?
Only ran out of work for 1 hour after Labor Day. (sm)
Usually always work in primary, if not secondary and tertiary kick right in and seem to be plentiful.
For those new hires or people considering TT, ask the recruiter and she will let you know if they are hiring in anticipation of another new account or not. That should help alleviate your worries.
It's a great company, well worth riding the slight ups and downs with.
Labor Relations Board
might be another place to check in your state or the attorney general in the state, what we used in passed experiences
labor boards and lawyers
A nice thought, but in today's economy, it is an employer's market. And we are ....hate the dreaded word....human resources, commodoties to used up and discarded. The only way anything could be achieved is if none of us had to eat during the time it took to get organized. Got a plan?
Over the Labor Day holiday people were
crabbing the work was low. But that was the end of the summer holidays as usual anywhere when everyone including docs take their kids on vacation. Aside from the usual lulls from holidays we are busy. This MT has several accounts and I for one have rarely run out of work. If it ran low during the holiday, I would take a break and come back and there would be reports there. Now there is the usual amount of plenty of work as far as I can see. They do keep things in TAT, but staff accordingly as you need to let them know your intended line count so they will have enough work for your projection. They, in turn, staff accordingly.
They need to be reported to the Labor Board..sm
and their names posted. Another example of MTSOs pushing as far as they can before we MTs cry, Ouch! They know they are breaking the law.
Contact the labor department.
They will investigate and fine them for not paying in employment taxes, etc., as by having to ask for time off, vacation, etc., that means you are an employee and not an IC.
Every state's Dept. of Labor has...sm
rules and regulations re. unfair labor practices. I don't just mean the BS with the IC and set schedule baloney. What about:
1. Requiring an employee to work a set schedule of hours, but not being paid for your time, just the actual lines produced during those hours.
2. Being told during your set, scheduled shift/hours (which you're not being paid for, remember?) that, sorry, no work or work is slow, but you can't take the day off, because, what if everybody decided to take the day off. Ergo, must sit glued to seat until work comes in. Needless to say, line quota not able to be met in the specific schedule you're bound to but not paid for.
3. Told at end of week you must make up line quota or, (take your choice):
a) Lose bennies for that month.
b) Expect a phone call (who is paying whose phone bill? I know who's paying mine, and that's why the Almight invented voicemail).
c) You lose job w/o cause... it's in agreement, after all. Hire Indians or other US MTs who are desperate and who'll work for $0.01 less than you are.
d) We take your first-born (That's next.. with what they are allowed to get by with).
d)
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