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Serving Over 20,000 US Medical Transcriptionists

It has to do with employment laws in SM

Posted By: MT4 on 2005-08-29
In Reply to: OSI not hiring in certain states - Curious

those states.


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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
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
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!
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?
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 never see an ad for employment with them.
nm
Don't you have to pay self-employment tax? Isn't that the same as SS? nm
x
You may not be able to get employment if you are

fired either.   The company has a say in what happened and can dispute any claim.  I would think they you could not get employment based on you resign or else and I think they are being very generous in giving you that option.   If you quit I don't think you stand a chance of getting unemployment.


I wouldn't worry about using Spheris for a reference, doesn't sound like they would give you a good reference even if you resign.  If you haven't been there long just leave them off your resume and say you took some time off.  I don't think the resume has as much to do with your hiring as it is how you do on testing. 


 


 


employment
Are they still hiring and how is their pay rate?
For employment, what else would you ask?
I've pasted all the questions I think I would like to know from a prospective employer. If you can think of other questions I need to ask, or a better way to ask the question, please let me know! I realize some of these questions will not get answers and some are probably not palatable by employers, but if I don't ask, I won't know and on a more personal basis, I'm tired of getting $crewed down the line.

· What percentage of your full-time transcription employees make greater than $36,000.00 per year?
· Do you offer incentive pay?
· What percentage of full time employees have been with you more than 2 years?
· Do you offshore any portion of your available workload?
· What percentage of the dictation (within a +/- 5% range) is ESL dictation?
· What is the cost of your best insurance coverage for a single person per pay period? How long after employment before it becomes effective?
· Do you offer dental insurance?
· Do you offer a 401(k) plan? Do you match contributions or? How soon is participation allowed?
· How many PTO days per year? How soon are they available for use? Are there any clauses that may prevent use of PTO?
· What is your holiday policy regarding time off?
· What is the rate per line, the characters per line, and does this include spaces?
· Are headers included or excluded in the line count?
· Do you have software that indicates lines completed?
· Are there any charges for software/hardware required by your company?
· Do you allow split shifts?
· Do you dock pay for blanks (inaudibles, etc.)?
· Do you guarantee work available?
· Do you have 24/7 management and tech support?
· What contingencies apply to QA?
· Do you offer direct deposit?
· Have you EVER been late making payroll?
· How often do you pay and what are the parameters of the pay period?
· What other benefits do you offer?
· Within the acute care dictations, how many different work types are there?
· Is it possible to remain within 2-3 work types only?
· Do you offer training/work with speech recognition?

OSi employment
Why don't you just give them a call?  I have worked there going on 2 years now and I see other MTs complaining of not getting paid, not getting work, slow networking, etc.  I have not run across these issues with OSi.   I get work every day, I get paid every pay day.  I get answers to questions and I don't get micromanaged.  Communication has been good.  I am not related to anyone there and don't know anyone there, just sign in and work.  OSi makes the qualifications very clear and it is not impossible to make the required lines.  Good luck.
considering employment
would like info that would be helpful in deciding whether to accept.
for employment
As in who offers the best pay, benefits, incentives, vacation, bonuses?
OSi employment
I have been with OSi for 3 years now.  Some days the work is low, and some days there is OT available, but, that doesn't look any different to me than what I read on this site.  I agreed on a schedule which has been maintained for 3 years now.  I get paid on time and sometimes early.  There are lots of e-mails which can be deleted in a heart beat.  When there are problems I am notified of them.  Otherwise, just work, get paid, get annual raises.  That's what I expect from a job, and that's what I get.  Good luck in your search. 
employment
I need someone to tell me what is better, contractor or employee.
When I inquired about employment...
which was a few months ago, the recruiter couldn't explain the pay scale and/or incentive program.  Keep on truckin'...
Heartland MTs - if you are still looking for employment.....


AAMT Reaches Out to Displaced Heartland MTs

AAMT is working with Terri Kaminski of Transcription Matchmaker and Heartland Information Services executives to provide a free outplacement webinar for all Heartland employees from the U.S. who recently lost their jobs. The webinar is scheduled for Wednesday, May 17, 2006, and displaced employees will receive information on how to promote their services and learn of opportunities in the medical transcription field. AAMT is extremely grateful to work with Transcription Matchmaker and Heartland Information Services to offer this outplacement service to transcriptionists in need of new jobs. For more information on this program, please contact Jennifer Hardy at Jennifer@aamt.org.


MT Employment Agency?
I was wondering if anyone knows of such a company as a temporary MT employment agency. For example, you could specify how long you'd like your assignment to last, i.e., 3 weeks (or 6 weeks or 4 months or whatever), they'd match you up with a temporary job, and then at the end of that time you could choose to stay on if needed/wanted or have time off until the next prospective job comes along that fits your needs. Maybe I'm just dreaming! They do have employment agencies for nurses that work like this...why not MTs?!
Employment Question
Anyone work for Transcription Relief Services, now or in the past.  I would appreciate some feedback regarding this company.
My place of employment
is sending reports to Transcription Connection, Inc (ohio) right now.  Their work, is to say the least, not good!  Rumor at work is they are going to get rid of in-house transcription and send solely to this company.  Thus, I sent a resume.  Now mind you I have been the transcription supervisor/coordinator for this mental health facility for more than 14 years.  I know my stuff.  No answer back from Transcription Connection, Inc.  Sort of weird if you ask me.  I did not know they outsourced.  Interesting!
No employment unless you sign
The agreement states that the employee understands that he/she will no longer be employed unless he/she signs. (I found out that such coercion in order to save your job can be illegal.)
I thought everyone had to pay SS or self-employment tax. nm

What is your employment status?
If you are IC you will have to send demand for payment letter and possibly hire attorney.

If you are considered employee you need to call and talk to someone in your local labor board. My DH was working for a construction company that refused to pay him once. The state labor commission got on it and they ended up paying him 2X what they originally owed, plus a big fat fine to the state for violating labor law.

If they lie to you like that, I think you need to be looking for other work. Why waste time working for free? Did you sign a volunteer agreement? If not, you need to dump it and find something else that will pay--especially if the check she did send bounces.
looks like an employment agency - sm
click one link and it looks like a resume bank, click the other link and you get an agency.
testing for employment
Has anyone else out there spent hours testing for a company, then not hear back from them?  I sent a few followup emails and left a voice mail message, but never got a reply.  I have several years of transcription under my belt and know I did good on the test.  Sometimes I wonder if there is a transcription black list.
Axolotl Employment
Does anyone know if they are currently hiring? I faxed my resume and sent a followup email, but have not heard back from them.
Axolotl Employment
Does anyone know if they are currently hiring? I faxed my resume and sent a followup email, but have not heard back from them.
SPHERIS FOR EMPLOYMENT?

I am considering a position with Spheris and would greaty appreciate any input from anyone who currently works for them or has worked for them in the past.  Any information would be helpful, be it positive or negative.  I feel this would be the best way I know of to find out about this company other than reading on their website, which could be biased, right?