to break labor laws?
Posted By: nm on 2007-12-17
In Reply to: Is it co. policy to keep dirty, little secrets quiet? - How about firing person idea it is to break labor
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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!
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?
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!
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We have privacy laws in this country, and you are held accountable. Our privacy laws
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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
How did they break it to you?
Why would they drop direct deposit? Does it cost a company to provide that service? Sorry to hear about your insurance. 
Give me a break.
I doubt 100% that you posted AGAINST Keystrokes and used your real name. Not gonna make me believe that in a minute, cause if you did, it would have been spread all over this board like wildfire, with Lee and the whole gang from KS posting to you, yadda, yadda. Don't believe you one minute. As for posting against Spheris, hmmmm... they have like 12,000 or more employees now? Bigger than MQ. So, boy, you're sure brave if you ever posted as Michelle. Yep, they'd be able to zero right in on you on their radar screen! Please....Transcend watches this board like a hawk, and DOES contact posters. PERIOD. It is scary and it is a hassle, so its a business strategy that does work for them regarding damage control. Doesn't mean any of us are "hiding" or that our negative comments are any less valid than your soap-box stances defending Transcend.
Give me a break!
I understand there are two sides to every story, but there is no excuse for not paying the people who have worked for you. I just hope you are a better business owner than she is.
Give me a break.....
I know a whole lot more hard working, LOYAL, honest, go-the-extra-mile transcriptionists then I do companies who truely appreciate them. It is not the work ethic of the general TX that has caused the rates to go down. It is greed on the part of the company. I have now been with SEVEN different companies in the past 3 years as an IC and have never done the things you suggest. What I get is days without work or days that I am expected to work 24 hours, late/no paycheck, awful and ridiculous platforms, doctor switching games, etc.
I'd gladly still be with the first company I ever worked for if they'd just pay......
Give me a Break!!
Ya know, I must be cranky today, but...some posts below really got my dander up! MTs are asking for referrals about companies, and someone actually posts that the company is GREAT - I believe GREAT is the adjective. Then inside message says something to the effect of: I'm a new hire, too, and I hear the work will be picking up soon. PICKING UP SOON!! This is after several MTs claim no work, which is what we all-too-often hear with these companies. Hiring and WORK SHOULD BE PICKING UP SOON!! And the poster closes by saying how NICE everyone is. That he/she doesn't mind lack of work cause they are NICE. Grrrrrrrrrrrr...
I wish we could have some coding system where MTs gave job referrals based on LIFE SITUATIONS. Like how many of us really need the income?? Versus those who obviously don't really need the $$ and don't mind being hired for a job with NO WORK. But the people are nice...Can you imagine? I used to hire people in-house for hospitals - all depts. I can just imagine me HIRING people for work that wasn't really there... Give me a BREAK. Nice...
How about giving me a break?
I am the MT who seemed to upset a lot of you with my post below about MDI and the lack of work for some. Unlike what many of you surmised, I also need a regular income, a daily line count that I can depend on and I work far more than 1-2 hours per day and always have. I am also an MT who has been kicked to the curb by enough MTSO's to make me want to quit this profession at times and work at just about anything else. What I was saying below is that MDI, at least for me, is trying to get me more work and guess what? I have more now! Yes, everyone, they are being helpful and NICE! When compared to others I have worked for, who have also been low in work at times, and who have told me and other MTs who ask for more work, to basically get over it and wait it out or go elsewhere, I think I prefer the treatment I have received with MDI far above the others. If a nice company doesn't cut it for you, then go to the many out there who don't give a rat's behind how they treat you. They are not hard to find. When the work is there, you will be worked to death and when it isn't, they could not care less. Heck, you can make good money these days working on a garbage truck, so if nice isn't important,what's stopping you?
It is just a different field to break into now...
I have only been an MT for 4-1/2 years, and I am happy to hear that you found a job that you are happy with and making a good wage at.
However, to say that because MTs are not happy has something to do with their skills does an injustice to hardworking MTs. There are some of us who do 12-hour days, too.
The field is totally different that what it used to be. You can ask a majority of seasoned MTs, and they will tell you that wages are going down and the cost of benefits is becoming outrageous. It can take you almost 2 weeks to earn enough money to pay for family insurance. Couple that MTSOs who are making contracts with companies for acute care work when they have only hired transcriptionists with clinic experience, and you have some very overstressed MTs just trying to make a living. I have felt since starting I am being pushed to gain 10 years experience for each year I work. Some days you just wake up, go to work, and you are on a totally different account, totally different work type, and totally different part of the country with no warning.
Since starting in this profession, I have worked on over 20 different accounts in all areas of the country. Not only have I been required to learn medical transcription (and I have done all report types right through the OP notes), I have had to learn umpteen physician groups, hospitals in those areas, nursing homes, drug stores, county social service units...you name it.
I have consistently good quality scores, and I usually work at least 1-1/2 times my required production. I have been with my company close to 3 years, work nights and holidays, and have given up more family time than I care to consider. However, I just saw an ad where my employer is offering 10 cpl to do discharge summaries while I am doing consults for a clinic no one in the company wants to touch because of the difficulty factor, and they will not raise me above 7.5 CPL.
On top of that, I had to darn near beg today to have a technical problem taken care of that was preventing me from working. It was a 2-minute fix that took almost 40 minutes to resolve because our customer service kept telling me I wasn't even working as I had no jobs checked out and my boss kept switching her MSN messenger to say she was busy or away.
Do I feel disrespected and underpaid? YUP!
That is my reality.
Hate to break it to ya, but
*Isn't this just good business sense on their part in an environment where it is hard enough to feel connected and part of a team?*
Good business and reality are galaxies apart. During my final time at the last company I left, it was commented to me that for as long as I had been there and as good an MT as I was, they were surprised I had not asked for a raise. I had been with them 9 months. I was covering 12 different accounts and doing mostly ESL dictation. They thought when I turned in my resignation it was about money. It wasn't. It was about a having a level playing field and I didn't like their level of *honesty.* My work route was being manipulated and they couldn't admit what they were doing. Gravy was being given to lesser experienced MTs and I was getting nothing but crap and it was being touted that everyone was paid the same cpl. (okay, this example shows they were lying to me on that level! If they were willing to give me more money to keep me, then they were surely doing that to other people, right?) I wanted an honest work environment and the money. That is what I have now. I've already gotten one raise at the new MTSO with the promise of a second when I hit a new lpd average (two months).
So, it would not hurt to broach the subject if they don't with you. The worse they can do is say no to a raise and explain their review policy. At least you will know where you stand, how you feel, and what your options are.
Give em a break at least -- sm
they are giving US MTs a chance to get started rather than offsourcing to India. At least they are giving back to the USA in one form or another.
They could just send it off and be done with it.
Looks like OSI can't catch a break
Ah, I do agree with you on the break sm
pay. As for sitting in front of the monitor for a certain period, you can work for a company that allows some flexibility (a window of time) in your schedule. That makes it better. I know the MT side of it, our low wages, etc, but the hospital side of it is - we have strict TATs and sick people, whatcha gonna do? There's got to be coverage during certain hours. Anyway, I digress.
give me a break
It's called being courteous to my employers, asking rather than telling them and this is completely irrelevant to this board and rather discourteous on your part.
Give her a break!
Maybe there are reasons she does not want minimum line counts per shift/day. I have a hard time with line counts myself but with good reason. I tore my TFCC in Dec. 06 and had surgery. It is stable now but I have lost some range of motion which has slowed my typing speed a bit. That's why I stay away from minimum line count jobs. I do work for a smaller company though so they are ok with this.
I'm going to break out of the mold (sm)
I'd like to branch out to doing general transcription so I can finally 100% work for myself instead of partly me, partly them. I'd love to have a home-based secretarial service that did a lot of things I enjoy, bookkeeping, typing, etc. Maybe I'll do some research and just do it.
Best way to break into the MT business? SM
A good friend of mine is wanting to learn the trade. I am self-taught from many years back and have no clue what to recommend to her. What is the best way to get training - any online courses? None of our local schools offer anything except maybe a terminology course, etc. Any MT companies have mentor programs for true beginners? Any advice would be helpful. BTW, I truly believe she has the basis for success as she is very computer/English literate and quite the perfectionist - she lacks the medical experience, however. Again, thanks so much for any input! :)
Give me a break
I do answer posts about which companies are good, who pays on time, etc, if I know the answer so I am not a board troll but a participating member. Its okay to have an opininon the same as yours but something different and your a flamer. As for working hours, I was making a general statement as I see it all the time on this board...no one wants to work weekends or past 6 p.m. at the most. More than the OP jumped on this thread with the me too, no work post...and in my opinion if more people were willing to make sacrifices they would have work but everybody wants to work M-F. If that's the case then you need to leave your home and work in an office.
Give me a break
I'm working with 3 companies right now and will weed out the crap just like they weed through the MT's. I do ask the worst case scenario questions and have been lied to over and over again! I'm doing this to make money and put food on the table and if that means weeding out the B.S. that these companies give you - so be it! You sound like your from one of the companies I am now working for. They just started a new account and have NO CLUE what they are doing. The way things are so out of control I bet they never sat down with the hospital to go over how this project was going to be run - and now they are advertising for ANOTHER NEW ACCOUNT! I got 2 words for you sister - and it ain't Merry Christmas!
give me a break
are you saying becausse I am defending the company I work for that I am management and I am lying??? Give me a break. Obviously you are just not up to the high standard that we are held accountable for at this company and you got fired.
Break this down so I can understand
what are you talking about? TTS or this board or ?
GREAT why do THEY get the break!?!?
about the people is nothing new
Give me a break please!!
I am 100% Cherokee and never took that as a racist remark. I think that someone is just trying to stir the pot.
hate to break it to ya, but
the statement about MT being dominated by females is no longer a factor when it comes to wages. The picture is much bigger than that. If you look at the owners of the majority of companies, they are men, or groups of men and women. We call those _Boards of Directors_ Some are even called _Lobbiests_ and _Leaders_ of MT-associated groups.
I do agree with being nauseated over the new era of paid spaces being treated as if it was a benefit. This field is hurting so badly and it has nowhere to go but down.
Hate to break it to you....
but leads do not type during the time they are watching accounts nor do they take work from you. Get YOUR facts straight.
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