Laws and checks
Posted By: advise on 2009-07-22
In Reply to: So what do you do when... - SO ANGRY
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.
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those bonus checks aren't extra money...you would just get tw bigger checks rather than 3 checks
don't kid yourself 
We have privacy laws in this country, and you are held accountable. Our privacy laws
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A few days ago, there were messages they were bouncing checks, writing bad checks, etc. Search the A
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I dont mind background checks, but why credit checks!!!! nm
xxxx
I was IC w/them and checks came on time. First checks were FedX'd to me on time! I left due to an
s
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.
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.
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!
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
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.
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
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.
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.
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 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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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
I got 3 checks from them...sm
Before I even cashed it, I called the bank and found out if the funds were there to cover it. Each time, NO FUNDS were available. Deb Garrison needs to get out of the business. Seems like she and her husband are paying themselves very well BEFORE they pay the MTs. Crooks, deceitful, and liars to boot. She will talk all sweet to you on the phone, their ads lie about 8-10 cpl...what they do NOT tell you is that they pay only an 8% allowance for spaces, so they don't pay for spaces. You have to type your fingers to the bone before you even make 100.00.
Bad checks or no checks
OMG you so remind me of a guy I worked for in Washington State back in Jan or so of 2004. He got downright nasty after I threatened him. He owed everyone working for him several months of pay. Boy do they make out when they close up and have kept all those paychecks for their own pockets. I found a site on the internet to put in a claim for internet fraud since the work was done over the internet. The FBI is supposed to look into these people and I'm sure they would if enough people went to the site and filed a claim. Working over the internet makes it so easy for them to rook us. I never did get all my money. The guy claimed that he had to deduct money for the QA of my work. My contract never said a thing about QA costing me something. His name was James Cronus and I dont care if someone did sue me for slander. I dont mind putting someones name out there when they are truly crooked. How else are we going to protect ourselves? I will never ever give up giving this guy a bad name to protect someone else. If we all stick together on this stuff its going to affect them eventually so we just need to keep after them so no one will apply for their jobs and they will have to go out of business.
Checks
It depends on your bank. Mine is always there direct deposit available to me on Saturday, but does not actually post until Monday, but funds are available on Saturday. HTH
SPi checks
Got mine on January 5, Fri 9:30 a.m., as promised, live in Miss. Pay periods were changed recently to end on Sun midnight instead of Sat. Didn't know there were still 2 diff. pay periods. I was paranoid too but it was OK. Just had to drive to bank and deposit.
I always wonder about those who say their checks
Were you a high producer before this mystical change took place?
Are you on new accounts?
Do you refuse work?
Have you fulfilled your work commitments?
I'm just curious if you were a high producer who mysteriously has lost lines and, if so, how come?
There is usually more to the story, as I have always found out.
I used to hear people at another company I worked for complaining about running out of work and their checks getting smaller and smaller. Then I went into a supervisory-type role. That's when I found out that most, not all, but most of those complaining about this would:
1) Not want to do any other work except their assigned accounts, therefore, limiting themselves in times of low work;
2) Were not the greatest producers in the first place and when I would give them tips that add up to greater lines, they were not interested in those tips. They want some big miracle, instead;
3) Would not keep to their work commitments. If they were to supposed to work 6 hours a day 5 days a week, they would end up working only 4-1/2 or 5 hours and not keep good commitments to their schedules;
4) Were not interested in learning anything new - they only want to type what they want to. Well, sorry but this is an ever-changing business and you have to evolve as much as the company and the industry does or you will be left with dwindling available work.
The Checks
My initial thought when the idiot told me - THEY DON'T HAVE ANY CHECKS. Hello??? How do you pay the bills? If you online pay bills through your bank, add me and my paycheck to that list!! At least I'll get paid!! But A BUSINESS....NO CHECKS???? As in nobody thought to order a few more then got down to the last 25??? OMG!! That was enough to scare me out of their employment!! NO WAY!! I need reliability, stability, an on time paycheck....How does one plan on paying bills if you never know when you're getting paid. Example: Payday was supposed to be 5/23...per their remarks on about 5/19 when I asked...TODAY I GOT MY MONEY - 6/2...SO EVERY CHECK WOULD BE 11-13-15-20 DAYS LATE??? I also questioned Jennifer's ability to even sign me up for direct deposit since she didn't think to order checks before they ran out? Couldn't and didn't put a stamp on an envelope and mail me a check via snail mail? But trust this person to successfully execute direct deposit when in fact she had the number to my bank so she could call and discuss wiring my money - she never even called them - was on her way to a play for her kid...SO QUIT THE JOB, QUIT THE GAMES, RAISE CHILDREN, WORK WHEN THEY'RE 18 - SOME OF US HAVE BILLS AND OBLIGATION AND COULD CARE LESS ABOUT HER FAMILY LIFE! Hate to be heartless - but that's a fact. I like my bills paid so I can have family time. I don't know who this company subcontracts with but the mismanagement is unbelievable!!! Personally, I would take a job with the contracter they sub under for job security and a paycheck!! LOL!
pay checks
sounds like we have issues that need to be discussed in a more professional manner. i have not intentionally distanced myself from anyone and if you have tried to get me and could not - then we do have a problem. just in case you don't know how to contact me, my email is tonya@mediscribes.com. my phone numbers are 210-858-5867 and 210-849-7442 as posted on this website previously and given to each and every transcriber that i have hired. i look forward to either receiving a personal email or telephone call from you and getting these issues taken care of. also, i did reply to your personal email link on this site as well. if you are leaving our company, i would like the opportunity to provide you with a recommendation as well.
Pay checks
I haven't worked for Breitner for very long, but I get my checks mailed to me and usually have them within a couple of days of payday, unless there is a holiday or a Sunday involved. I got my check in the mail this morning, two days after payday. I was told at my interview that paydays are the 20th and the 5th of each month.
JLG checks
I went with Fed EX DIRECTLY to my bank -- no problem other than first check -yes it IS money out of your check -- no more than $20 a pp but my checks have been in the bank and on time quit griping
bouncing checks
I am so glad you posted this. I just left Klaar too after only being employed 30 days. I have to wait another 5 days the bookkeeper at my bank says before I can call her back to find out if my payroll check from Klaar is good and has not bounced. The owner/Klaar told me he would wire me the money if I didn't receive my check that day. He made this statement (in email) 3 days in a row. He said he heard on the news this was the busiest time of the year for U.S. mail because of Christmas. And HELLO--what is the deal with mailing payroll checks and not placing them in a priority mail envelope??? I'm not afraid of naming this company, K is for Klaar. The owner's manner is creepy and unprofessional. How does this guy keep his job? Then he angrily emails me back making statements like I need to retract on my slanderous remarks because I'm now telling him I'm receiving information from former Klaar employees. In this stressful world of many bills, there are no words to describe how infuriating it is to know you've wasted time on a situation like this. He stated my claims just weren't true. BULL. Dept. of Labor will get a phone call from me if my 2 payroll checks bounce from this guy. Also, no one will answer the phone in their office that I phoned many, many times. Very suspicious and underhanded.
DR background checks. sm
I stated the part about DR giving out names to marketing companies is a LIE. Yes if you are going to be a hospital employee, HELLO, you have to do what the hospital requires, not a DR requirement. Although I am physically 2,000 miles away from my account, I had to take physical just as if I were walking into the door of the hospital to work, as that is what the hospital requires of all employees. You are treated just like a hospital employee. Yes the physical exam and TB test were a pain in the butt, but it was so worth it. Guess it depends on what you are looking for. As far as credit check, background checks, I told my team leader I was concerned as I am not exactly Mother Theresa. She told me not to worry. Everything went fine and I a will never be an IC again, I will retire with DR.
RE: Bounced checks
I had this happen to me recently too twice and I will never work for that company again. That is not good business. 
Bounced checks
Check with your state. Bounced checks are a criminal matter, and each state has guidelines for you to collect your money. Here it's through the DA's office.
BOUNCED CHECKS
D
payroll checks
is there anyone here who is as tired as I am of bounced checks, late checks, etc.
I finally have someone who pasy but evry three weeks the checks come and it is getting ridculous. They held the first one for four weeks then mailed it out, and now it just gets later and later- I have two others I work for I sent myinvoice and got a check within three days. is there a logical reason for this over and over again?
I don't think she checks this board (sm)
I think she just checks the New MT/Student board for newbies to scam...
Bounced checks again at D&L
This is not the first time this has happened and there was always a good reason but has anyone else had checks bounce from D&L Typing Service lately or is it mine and their reason is valid? They seem to be hiring, so they have money coming in - and always a lot of work for me - what is going on? do these people really have that many problems with a bank or do they not put the money earned by their company into the account like they should? I am not working for someone else's bills to be paid, I am working for mine. I see a lot of posts asking about them but no one ever responds - is this the norm for D&L Typing Service - have I just been lucky until now? Does any one pay their employees without bouncing a check? Can anyone be honest with me please.
bounced checks
I just want to remind everyone who has allowed the MT companies that bounced checks on you all, and in turn causing you to have bounced checks - that even if they reimburse you - your credit is screwed.
D&L is scrambling to make good on checks and if they succeed many of you will forgive, may not forget, but you will continue working.
Have they paid you late fees, interest, have they made up the credit problems you now have.
Why do we allow this to happen? I am so fed up and tired of this nonsense. If any company does not pay you on time as stated in their hiring information - fine them, charge them, and certainly if they bounce checks Press Charges. Do not accept their wink and apology - they will continue to do this with you or others.
bounced checks
There are multiple posts here on the subject especially lately - contact the DA office and press charges, contact the labor board and file claim. If they decide to cut and run, claim bankruptcy - your claim will be there and you could potentially be reimbursed, otherwise potential loss. Do not let these companies get away with this. Post the name so we can all be warned. A bounced check from another person could still ruin your credit - nothing can make that up.
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