It's definitely illegal... call a lawyer and you will see.........sm

• Advanced Medical Transcription LLC - vera
  • Some companies have done this for years. - MTIAM
  • You are lost and the WRONG site filling out an application for who knows what???nm - nn
  • I believe that you went to the wrong site ... - Victoria
  • Advanced is not in Kentucky - at least the one posting on the job board isn't
  • Hmmmmm - sm
    • The question is this: What or who is really to be blamed - .-
    • hearing test? - One-eared MT
      • the 'number' of ears does not matter, you have - .-
    • It is a violation of the Americans with Disabilities Act - fatcat
      • o.k., BUT very good hearing is very important - .-
        • I agree, good hearing IS important - fatcat
    • My better half in the union and he is required to have a physical by - Sally
      • Sally - fatcat
    • thos companies better watch out because sm - rhiannon
      • LOL .. Hardly age discrimination since we - have to be able to HEAR to do the job!
        • SERIOUSLY... - LOL
      • Larger companies are doing this........... - sm
        • It's definitely illegal... call a lawyer and you will see.........sm - rhiannon
          • How can it be illegal to require a hearing - kt
            • it should be illegal if not already! sm - MT too long`
            • OMG PEOPLE... it wasn't the hearing.. you have to read the thread - rhiannon
          • Basically, if they don't sign, they know they don't stand - a chance to be hired................... nm
      • There are young children who have hearing issues - Sally
        • Because age discrimination is against the law sm - rhiannon
          • Drug testing is different because drugs are illegal and sm - Smart
          • Her words were to see how their health is - Sally
            • When these companies look into sm - disagree
              • Looking into medical records and include - .-
            • Some people think race discrimination is okay too sm - rhiannon
              • Okay, so this has gone way beyond what the OP - Simple minded
                • exactly, simplicity is always the key...sm - .-
                • Because YOU didn't read the thread... sm - rhiannon
                  • No, this they cannot do, not an employer, - ,-
                  • I read the post completely and see absolutely nothing regarding age discrimination - Sally
                    • what MT is making a "huge' salary sm - MT too long
                      • This is referencing the hmmmmmm - Sally
                        • More elderly would have health problems than young people... sm - rhiannon
                  • It certainly is and I think its also a way sm - disagree
                    • This is sounding like a repeat, repeat - SS
                    • Glad you agree but disagree on one thing sm - rhiannon
                      • thus would really be invading of privacy, - .-
                        • Then we best be watching our backs - Sally
                          • That is not socialism but it is horrible - trena

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1-866-4USWAGE 

FROM THE:  U.S. Department of Labor Employment Standards Administration Wage and Hour Division 

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

Where to Obtain Additional Information

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. Copies of Wage and Hour publications may be obtained by contacting the nearest office of the Wage and Hour Division listed in most telephone directories under U. S. Government, Department of Labor or by calling our toll free number 1-866-4USWAGE. 

MORE INFORMATION:  http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm 

GOOD LUCK. 

I certainly am not a lawyer but I cannot possibly imagine a company being required to pay OT they didn't ask to be worked.  So far as emails I  have personally received asking for help to meet TAT,they ALWAYS say something to the effect of....if you have not met your line or hour requirements...if they want over time they ask for it and they INSIST on paying for it!!!!

One thing I do agree with you on is the discipline you mentioned.  Might be a good idea for someone to let management at TT know what is being said here and I would personally be delighted if they could identify the malcontents and FIRE them.  All-in-all Transtech is a good company...not perfect by any means...but as an old goat with nearly half a century in this business I can tell you there are a WHOLE LOT worse companies out there and I hope some of you find them.  You deserve it!

is to leave well enough alone when these threads start.  I have personally witnessed your responses on countless threads on more than just one board, and I am always amazed at how you just don't understand you hurt yourself more than any posting of =rumors= about your company.  You say we don't know how you run your business.  Well, we know a lot more about it now with your post than we did before, don't we?  (psst, so do your competetors)  Is that necessarily a good thing?  I don't see the CEO of Medquist running around on here trying to imply legal ramifications or trying to help us understand that company's way of conducting business.  In 1997 I quit a company where the owner sent out a memo telling employees not to discuss it on the internet.  It amazes me that an owner believes s/he has the kind of control over anyone to regulate what the people who work for them think or do OR feel intimidated that your lawyer is going into the Big Brother Business.

For the record, I have never looked into working for your company, am not a former employee/contractor, have no interest in doing any sort of business with you whatsoever.  The reason I mention this is because I have mentioned this to you in the past and it continues to fall on deaf ears.  You do more harm by what you say than any of the MTs, editors, students, curious onlookers, do here.  If you try to hold your head up high and let things be, the reputation of your company could possibly benefit, but then, I don't control what you say, think, feel or do, either.

When I recently contacted a lawyer who represents outsourcing employers about what I thought was a rather intrusive employee handbook with strict verbage about talking about that company in public and even in private email, her response to me was to sign it.  She reminded me that it didn't change what I thought, but employers don't like employees/contractors bad mouthing them, and then asked me why I felt it was a big deal.  So now I'm going to offer you to think about that from your side.  Employees/contractors don't like employers bad mouthing them, and by the way, why is it a big deal for you?  Tend to your business and let go of what you can't control.

my 2 cents for what it is worth

~~~~~~~~~

Einstein:  Insanity:  Doing the same thing over and over and expecting different results.

the MTs who want to work set schedules and be ICs - go for it; just know that you are allowing these companies to take advantage.  If you are a true IC, then you don't need them to give you a schedule.  No one knows when the work is available.  These companies place work into the system at any given time.  It's not always the dictators dictating when the work is published to be transcribed.

Some of us don't want to be taken advantage of any longer; it's time these MTSOs pay us as employees if they want to dictate set schedules and have us use their equipment and especially count our lines for us.  As an IC with my own accounts, I count the lines, and I bill the client my way, not their way! 

Ya know this has taken over the entire company board, and it's not fair.  No one can even ask regular questions due to all this mess.

It is clearly not an IC position.  According to the IRS http://www.irs.gov/newsroom/article/0,,id=173423,00.html

If you have the right to control or direct not only what is to be done but also how it is to be done then your workers are most likely employees.  If you can direct or control only the result of the work done, and not the means and methods of accomplishing the result, then your workers are probably independent contractors.  

This falls under one of the three broad guidelines that are used to determine Employee, IC or SE. 

According to Publication 1779,

If you receive extensive instructions on how work is to be done, this suggests you are an employee.  Instructions can cover a wide range of topics, for example:

- How, when, or where to do the work.

According to Publication 15-A,

Generally, a worker who performs services for you is your employee if you have the right to control what will be done and how it will be done.

It goes on to state that if that employer/employee relationship exists, it really doesn't matter if you call it an Independent Contractor position or not.  The withholding must still be withheld.

If that prospective employer is advertising the position as an IC with no intention to withhold any kind of taxes, the way she has phrased the ad, saying that you must work certain days and certain times, she is breaking the law.

Working OT and not getting paid for it is illegal, just ask the suits at MQ. 

From:   Anne Manetas, NumbersUSA Date:   25JAN06     2 p.m.

Victims of Illegal Immigration: 9/11 Families for a Secure America needs your help

NumbersUSA is forwarding this request from the 9/11 Families for a Secure America (9/11 FSA) on to you. This is not a NumbersUSA effort, but do ask that you contact Caroline Espinosa caroline@numbersusa.com on our Hill staff if you would like to us to forward your information on to 9/11FSA. Please also note that their request that, although they recognize so many Americans have felt the economic impacts of illegal immigration, they are not looking for victims of economic crimes. We are forwarding this request on to you because we believe it can be yet another tool in the Senate battle this Spring. As you know, the Senate is expected to consider an immigration bill next month or early March and there is great support for some sort of guestworker or amnesty program among many in the Senate. We are exhausting every avenue possible to block any sort of guestworker/amnesty program and ensure a strong, enforcement-only final bill. -- Anne MESSAGE FROM 9/11 FAMILIES FOR A SECURE AMERICA Fellow Immigration Reform Activists: WE NEED YOUR HELP, Below is an open letter to Congress which we will distribute at an appropriate moment in the lobbying effort for the Sensenbrenner-Sessions Secure Border Bill. Note from NumbersUSA: This is the bipartisan H.R. 4437 that was passed by the House in December and will eventually go to Conference with a yet-to-be passed Senate immigration bill. We are interested in obtaining signatures of as many people as possible who have themselves been the victim of any form of crime, or whose relatives have been the victims of crimes, committed by illegal aliens or illegals who have been granted legal status. Included are street crimes, terrorist acts, car accidents, etc. If you or a family member was the victim of such a crime please consider adding your name. If you know such victims or their families, please ask if they would add their names. In order to give this letter the greatest possible impact we do not want to include victims of economic crimes. We recognize the horrible effects of losing one's job or neighborhood to illegal immigration, but we do not have the resources to collect and verify signatures from such a vast number of people. Regards, Peter Gadiel YOUR PERSONAL INFORMATION WILL NOT BE DISTRIBUTED Although 9/11 FSA is asking for the name, hometown, and phone number of victims, they assure us that hometown and phone number will NOT be released to the public. If you would like to get in touch with 9/11 FSA or have your name added to the list, please email Caroline Espinosa in our office caroline@numbersusa.com and let her know. We will not share your personal information either. OPEN LETTER TO MEMBERS OF CONGRESS VICTIMS OF CRIMES BY ILLEGAL ALIENS OPPOSE AMNESTY OR GUEST WORKER All those who have signed their names to this letter are victims of, or are relatives of victims of, violent crimes committed by illegal aliens. The victims and their families have seen their lives ruined by murders, vehicular homicides, terrorist acts, rapes, stabbings, gang related crimes and many other violent acts committed by people who were illegal aliens. Some of these crimes were committed by former illegal aliens who, having been granted amnesty, repaid the generosity of the people of the United States by brutally violating our laws. For these reasons we wish to make clear to all Members of Congress that: 1. We are opposed to any form of amnesty for illegal aliens and to any guest workerplan. Specifically, we oppose the McCain-Kennedy AND the Kyl-Cornyn amnesty/guest worker plans, and the draft Specter plan. 2. Experience with previous amnesties shows that many American citizens will be the victims of crimes committed by those who have been granted amnesty. 3. If any form of amnesty or any guest workerplan is enacted into law, whenever an American citizens is injured by the actions of any person who has been granted amnesty, we will communicate with the voters of that victims state of residence and Congressional district to remind them which Members of Congress are responsible for allowing the perpetrator to remain in the USA. 4. American victims of violence committed by illegal aliens will no longer tolerate the lies of the US Chamber of Commerce, the ACLU, LA Raza, the Ford Foundation and others who claim that illegal immigration is a crime WITH NO VICTIMS. There is a direct link between your vote on amnesty or guest worker plans and the security of your constituents. The signers of this letter dedicate themselves to the task of insuring that all Americans understand that link.

This may be a good time for you to make sure that you've let us know all of the areas you are interested in. In order to further customize the type of alerts you receive click here http://www.numbersusa.com/survey?action=longlist As a NumbersUSA subscriber, you will receive occasional emails about immigration-related opportunities. If you want to increase or reduce the frequency of these emails, click here and choose from Total Activism, Moderate Activism, or Limited Activism at the bottom of your registration form: http://www.numbersusa.com/user NumbersUSA - relies upon individuals like you to reach its goal of an environmentally sustainable and economically just America.