Well, then that would be the loophole,
Posted By: Bummed out on 2009-08-28
In Reply to: "ICs remain so" - me
wouldn't it? Since none of us are really ICs, none of us will remain so. And the only change will be from statutory to FT or PT employee. Glad we cleared up that little bit of misdirection.
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Here you have classic IC loophole
This is exactly why MTSOs as well as MTs alike should understand the meaning of an IC. Nevermind the set schedule part for a minute.
An MTSO doesn't by law have to supply any work. Did they tell you in a contract they would? They can get around it because you are classified as an IC - they need not provide work, overtime, a steady income, any of that.
As an IC MT we have no rights to say to an MTSO you must provide me work.
Now, all the other MTs here who just love their situation of IC MT set schedules needs to read these posts especially the original post because this is exactly what happens in these situations.
No, you don't sit and wait. As an IC you find something else and tell that MTSO to stick their set schedule where the sun don't shine and that you are an IC and you need to work and that means contracting for other companies which is in essence what an IC really does.
The painter moves on to the next paying customer as does the MT. Also, I wouldn't worry about whose work you're taking. Take the darned work and transcribe it until you can find something else that's truly IC. You can't worry about their contractors; they are not your problem. Sorry, but that's the way it goes. Sounds harsh, but hey, they set us up this way; so it's dog eat dog now.
There is one loophole to their benefit.
I got caught in this with the birth of my last child. You have to have worked a certain amount of hours within the past year. Its an average of 24. If you worked enough hours to qualify, then you can absolutely take all 12.
MTSOs have a unique loophole in the FMLA Federal
MTSOs have a unique loophole. I got caught up in it a couple of years ago when trying to use medical leave for my personal medical illness.
Here are the Federal Requirements:
EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:
• work for a covered employer;
• have worked for the employer for a total of 12 months;
• have worked at least 1,250 hours over the previous 12 months; and
• work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
The loophole for MTSOs is the last one …”50 employees… within 75 miles.” MTSOs can interpret that to mean “50 employees who WORK FOR SPHERIS” within 75 miles of EACH OTHER. So, if you live in the middle of Wyoming, there may not be 50 employees within a 75 mile radius of your home. Thus, the loophole, which some MTSOs actually do use.
HOWEVER, some employees do have a counter-loophole. States also have FMLA requirements, and the State that you live in supersedes Federal requirements. In my case my Sate does not have the “75 mile radius” requirement, so after I contacted my MTSO and informed them of that, they backed down and approved all the leave I wanted.
Check out your State requirements to see if they are different. If they are not, if you can survive with 6 weeks and want to keep your job, I would not rock-the-boat any further. Personally, I would use those 6 weeks to find another employer who is more employee friendly, if there are any left out there.
Good Luck and Congratulations on the new Baby.
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