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There are no laws governing vacation/sm

Posted By: what? Not a KSer on 2008-07-04
In Reply to: What a crock that is and I question the legality of it. nm - me

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?


 




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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.
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.
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.
Labor laws
Why was your last thread locked?
to break labor laws?
x
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!
x
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?
Vacation for SEs
Anyone know what is the procedure for taking vacation(s) as a MQ SE? How far in advance do you let them know, do they have a problem with it, etc.? Is there a limited amount of days you are allowed per year?
Vacation

All MQ offices seem to operate differently, but in mine I have had no problems.  I usually give several weeks to a month's notice, then I also remind them a week or so before I'm off.  I have never had any problems whatsoever.  I took off about three different weeks last summer over a 6 month period.  Plus, right after I was hired I had to take off for an already planned vacation and they didn't say a word.  


I don't know the answer as to how much time you are allowed to take off.  It would seem to me being an SE (basically an IC) that legally they could not limit your time off.  Of course, that doesn't mean they won't complain about it.  I think if you give a few weeks notice there shouldn't be a problem.     


I have vacation and PTO. I take off when I need to. I
usually take 10 days off in a row and then long weekends various times throughout the year.  I have even taken a day off with just 1 day notice when I was just needing a break.   I don't take advantage and I have about a month of accrued time now.  Sometimes if I'm taking off on a Friday for a long weekend I'll work extra during the week, or get up very early Friday and work, so I get my lines in, though I'm not asked to.   I think my company sees that so they don't hassle me when I take off.  
Someone needs a vacation and bad!


Vacation? What is that?
:-)
Thanks! Im on vacation
until mid next week. More later!
Some MT's on vacation right now, but
But sometimes there is not even work on weekends.  Yuk!  Going to get worse before it gets better at Transtech -- too many MT's hired now and slow holiday period coming up.  Some of the accounts are only overflow accounts and temporary accounts that TT picked up recently, so look out for the bill collectors at the our doors around the first of 2008.
No, she is still there but has been on vacation. sm

If this is the right account. Actually, I think all the leads are there still and a few have been added.  ***Edited by Moderator***


Please do not post initials and/or names here. 


 


 


Regarding vacation and PTO,
do you mean they are separate, 6 vacation days and then 1 week PTO, meaning 13 days total? and how do they differ between the 2? Thanks for your help.
I agree and laws should be changed on this. For now, allowing this info is a fact of life
nm
Companies that allow you to take vacation
I work for a company that has paid time off, thing is they don't like you to take it. If you want to take off more than 1 week a year, they won't let you even if you don't care if you are paid for it. Does anyone work as an employee where you can actually take vacation without being without a job when you come back, the work is steady and the pay is good?
Vacation Coverage - IC
I work as an IC also, and I'm taking a few days off in just a few weeks. I let them know a month ahead of time. I'm the only one working for this company (very small) and she won't hire anyone else, so they know what they're in for when I'm gone. I don't know what they're going to do because they always had another girl for back up. The only bad thing I'll have more work than I can handle when I come back. I'm not sure how other companies handle the situation.
How much maximum vacation can you get
working at Webmedx. Thinking of applying but need to know about paid vacation days. I believe you get 10-11 the first year but I'd like to know how much vacation you get maximum after a few years. TIA
Uhh, as an IC? Vacation is unheard of in that

Staff appropriately and you won't have this problem.  The problem is relying on ICs as employee.  You cannot expect someone to just work and work with no time off - not gonna happen!!! 


This is what goes against my grain.  These companies want employee types but only want to pay a very minimum line rate for evenings and then now are requiring that you take no time off or schedule time off and never have an emergency???? 


KS Vacation question (sm)

How does KS calculate your vacation time?  If you had 1 quarter in the year that did not meet the 12,000 lines, does that mean you get no vacation at all for that year?  In other words, If every month has 12,000 lines per pay period, except 1 or 2, no vacation at all for that year? 


Can you take vacation days with no pay
and can you have holidays off with no pay. Is there a limit to how many days off a year you can take? Do you have to make up the time you are off? TIA
One week of vacation (IF you don't need it for something else)
Holy-moley, what have we come down to?
Vacation should be holidays
 
Remember when Don was on vacation?

Some were not keeping to their daily line commitments and a couple of accounts were out of  TAT.  She wrote:   WAIT TIL YOUR FATHER GETS HOME!   I like a spoonful of sugar with my medicine!  And humor is quite unusual in a boss. 


It is Lkeystrokes@aol.com but she is on vacation through next week. sm

Your best bet would be to call Becky at the main office at 630-739-5520.


question about IC and vacation coverage pls sm
I was under the impression that as an IC I am not responsible for finding vacation or sick coverage for accounts; that would be up to the company I am contracted with (no written contract, just verbal but don't flame me it's worked for 4 years now).  What do other ICs do when they want to take time off (a foreign concept, I know I know)? Do you find your own coverage or let the company who has the accounts handle it?  This company has flip flopped so much - at one time we had to have our own coverage, another time we got major slapped for doing so as the accounts were theirs and they would handle coverage, and now seems to be swinging back to find your own or don't take vacay.  TIA.
anyone know of overflow or vacation work available?
I work 2 jobs that I love, but both of them are 2-3 times a month and average 100 minutes of dictation at a time.  I rather like the nature of this work as it is given to and I usually have 2-3 days to complete it.  I have lots of experience--ER, other hospital (except ops), psychiatric hospitals and offices (which I loved!), specialty clinics of all types--it's just that I really don't want to give up the 2 jobs that I already have and love, so I would like more of the same kind of thing.  I thought overflow or filling in for vacations would be a good option, if I could find it.  Anyone know of anything like this?  I am considered an excellent Transcriptionist by all whom I've worked for. 
I guess you have to vacation when your accounts
Coverage is too risky because that person gets their foot in the door, and it is a dog eat dog world.  The docs are great and I guess that's important. 
Can you take vacation time and holidays
off? Can you work part-time or do they only have full-time MTs? TIA
Nice to know they don't care for us to have vacation