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Nothing illegal about it, just not a very

Posted By: sm on 2009-03-21
In Reply to: is this legal? - uuummmm

smart way for the facility to set up the demos. Why would you think it is illegal???

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Whole other can of worms...Illegal on company's side illegal, but (sm)
Retaliatory firing for contact with government oversight agency is illegal in all cases (Whistleblower's laws). It is hard, however, to prove retaliation because company can fire for breech of policy (working overtime when not approved, etc), can railroad you until you quit or they pick up enough nitpicky things to justify termination, or in most states for no reason at all (shaky if you've been to labor board). Whether reported or not, it opens a whole can of worms, and not everybody is going to be happy with the consequences (just look at the MQ saga). IMO solely, if OT is not specifically approved, don't work it. If you want to work it and not put it on your time, feel free (but that is fraudulent records if you're caught - again grounds for termination if anybody cares, which they usually won't unless under scrutiny by oversight agency). If you ask for and get approval beforehand, everybody's happy.
This is illegal if... sm
If you are an employee and do not meet the exemption requirements by the Dept. of Labor, they have to pay you OT if you have to report your hours. If you are salary this does not apply because you are exempt. But if you work more than 40 hours a week as an employee of any company, they are required to pay you OT at at least 1.5 your regular rate.

That's right. If they pay you on production, then you should be able to actually see it for yourself, not go by what they say. They refuse, because they know what they're up to, and I agree that if it is illegal, it should be ABSOLUTELY ILLEGAL.
There was nothing illegal about it
They were telling me that they were letting me go - had given all my doctors to other MTs over a time period. So, when they emailed me - I just called the unemployment office, since they didn't need me any longer and filed. The particulars had to be hashed out between the state and KS - not me. I then went to work as an IC - searched for employment every week as required - and filed as was required. There is nothing illegal about it - but in the transcription field, there are many more IC jobs than employee jobs, thus the difficult job search. I am happy where I am now and - and I think KS might have learned a lesson - but somehow I doubt it.
That is illegal
You need to report them to the wage and hour commission and get out of there fast.
While same co. is doing something illegal and
They also don't pay for OT, despite it being illegal not to. nm
yes it is illegal! They have set the sm
requirements for the job. The requirements they have set makes that an employee job and not an IC. Check out the IRS regulations. It says, you MUST, you MUST, please do not apply if you can't work these hours, etc. I take exception to the part especially where she says do not apply if you want a higher wage, etc. This kind of stuff is why the MT profession is in the mess its in.

I am sure she will get somebody who really needs a job but they are getting a raw deal and this kind of stuff perpetrates more of the same!!!!!!!!!
Actually, it is illegal

It is clearly not an IC position.  According to the IRS http://www.irs.gov/newsroom/article/0,,id=173423,00.html

If you have the right to control or direct not only what is to be done but also how it is to be done then your workers are most likely employees.  If you can direct or control only the result of the work done, and not the means and methods of accomplishing the result, then your workers are probably independent contractors.  

This falls under one of the three broad guidelines that are used to determine Employee, IC or SE. 

According to Publication 1779,

If you receive extensive instructions on how work is to be done, this suggests you are an employee.  Instructions can cover a wide range of topics, for example:

- How, when, or where to do the work.

According to Publication 15-A,

Generally, a worker who performs services for you is your employee if you have the right to control what will be done and how it will be done.

It goes on to state that if that employer/employee relationship exists, it really doesn't matter if you call it an Independent Contractor position or not.  The withholding must still be withheld.

If that prospective employer is advertising the position as an IC with no intention to withhold any kind of taxes, the way she has phrased the ad, saying that you must work certain days and certain times, she is breaking the law.


it should be illegal if not already! sm
They can give you a transcription test that will accomplish the same thing. This is nothing more than underhanded age discrimination. No hearing has nothing to do with age, so they should just give you a transcription test and leave it at that. If you can't hear well, you are not going to do well on the test anyway.

These companies hire MTs who don't know what they are doing all the time. New folks coming out of school with really no training and they produce a really bad document and that has nothing to do with their hearing..

Im telling you this hearing test thing is just a subtle age discrimination thing.
Asking illegal questions
No, they cannot ask what they want to. You imagine incorrectly. One should never put down one's DOB until s/he has an offer, or give a SSN until the offer is made. Similarly, they cannot ask questions regarding health and disability until they have made an actual offer. (Cf: Americans with Disabilities Act of 1990), so no, they CANNOT ask whatever they want--or if they do, you have a cause of action with the EOC.
Illegal questions
Somebody should tell this to Sten-Tel because both SSN and DOB are on their application.
But its illegal to tell IC they cant work wherever they
Wonderfully illegal

Working OT and not getting paid for it is illegal, just ask the suits at MQ. 

i don't think volunteering is illegal and
there are a lot of unpaid internships available for other things to learn how to do the job, why not mt'ing.
Probably not illegal if you are told
It is illegal. If she needs someone for a certain shift,
then she needs to hire an employee, not an IC. I don't understand why people don't report these companies.
If what they're doing isn't already illegal,
That's so illegal. I wish the government would come down on these companies. nm
Isn't it illegal now for an ex-employer to bash?

Fed up with illegal immigration and outsourcing?
Subject: Victim of Illegal Immigration? Help 9/11 Families for a Secure America

   From:   Anne Manetas, NumbersUSA
Date:   25JAN06     2 p.m.
Victims of Illegal Immigration: 9/11 Families for a Secure America needs your help

NumbersUSA is forwarding this request from the 9/11 Families for a Secure America (9/11 FSA) on to you. This is not a NumbersUSA effort, but do ask that you contact Caroline Espinosa caroline@numbersusa.com on our Hill staff if you would like to us to forward your information on to 9/11FSA.

Please also note that their request that, although they recognize so many Americans have felt the economic impacts of illegal immigration, they are not looking for victims of economic crimes.

We are forwarding this request on to you because we believe it can be yet another tool in the Senate battle this Spring. As you know, the Senate is expected to consider an immigration bill next month or early March and there is great support for some sort of guestworker or amnesty program among many in the Senate. We are exhausting every avenue possible to block any sort of guestworker/amnesty program and ensure a strong, enforcement-only final bill.

-- Anne


Fellow Immigration Reform Activists:


Below is an open letter to Congress which we will distribute at an appropriate moment in the lobbying effort for the Sensenbrenner-Sessions Secure Border Bill. Note from NumbersUSA: This is the bipartisan H.R. 4437 that was passed by the House in December and will eventually go to Conference with a yet-to-be passed Senate immigration bill.

We are interested in obtaining signatures of as many people as possible who have themselves been the victim of any form of crime, or whose relatives have been the victims of crimes, committed by illegal aliens or illegals who have been granted legal status. Included are street crimes, terrorist acts, car accidents, etc.

If you or a family member was the victim of such a crime please consider adding your name.

If you know such victims or their families, please ask if they would add their names.

In order to give this letter the greatest possible impact we do not want to include victims of economic crimes. We recognize the horrible effects of losing one's job or neighborhood to illegal immigration, but we do not have the resources to collect and verify signatures from such a vast number of people.


Peter Gadiel


Although 9/11 FSA is asking for the name, hometown, and phone number of victims, they assure us that hometown and phone number will NOT be released to the public.

If you would like to get in touch with 9/11 FSA or have your name added to the list, please email Caroline Espinosa in our office caroline@numbersusa.com and let her know. We will not share your personal information either.



All those who have signed their names to this letter are victims of, or are relatives of victims of, violent crimes committed by illegal aliens.

The victims and their families have seen their lives ruined by murders, vehicular homicides, terrorist acts, rapes, stabbings, gang related crimes and many other violent acts committed by people who were illegal aliens. Some of these crimes were committed by former illegal aliens who, having been granted amnesty, repaid the generosity of the people of the United States by brutally violating our laws.

For these reasons we wish to make clear to all Members of Congress that:

1. We are opposed to any form of amnesty for illegal aliens and to any guest workerplan. Specifically, we oppose the McCain-Kennedy AND the Kyl-Cornyn amnesty/guest worker plans, and the draft Specter plan.

2. Experience with previous amnesties shows that many American citizens will be the victims of crimes committed by those who have been granted amnesty.

3. If any form of amnesty or any guest workerplan is enacted into law, whenever an American citizens is injured by the actions of any person who has been granted amnesty, we will communicate with the voters of that victims state of residence and Congressional district to remind them which Members of Congress are responsible for allowing the perpetrator to remain in the USA.

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There is a direct link between your vote on amnesty or guest worker plans and the security of your constituents. The signers of this letter dedicate themselves to the task of insuring that all Americans understand that link.

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Solution for their ILLEGAL activities
The next time they call me to work on my day off I will do so and I will record my hours knowing it will put me in OT. When they yell about it and say OT was not approved in advance I will document by email or phone call that I was asked to work and if they refuse to pay me OT I will definitely report them. They have already been reported by at least 2 other people with documentation. They will either cut the BS about not paying OT or they will see the feds.
That's illegal - an IC cannot be made to work sm
either a schedule, a set number of hours, or mandatory overtime.
seriously - how did you get the word illegal out of that? post does not say tha anywhere;
No illegal? What about fraud applying for job with
It is illegal to ask if she is preg before hiring. nm
Legal or illegal Mexicans? Although from your...sm
prior posts it seems to me you don't give a care either way. That, along with your carefree attitude about foreign entities make me feel certain that you are one of millions of people who are gladly giving away, piece by piece, our nation. That just utterly sickens me, but oh well, you got your pool fixed and your house sold so what do you care, right?
Bait 'n' switch is ILLEGAL ---
Illegal Use of Confidential Material
Will the moderator please remove this posting? This is an unauthorized use of confidential email intended for the recipient of the addressed persons only. By refusing to remove this posting, and providing us with the name of the poster, we will have no option but to file a restraining order and request that this board be shut down. In addition, you are subject to a fine as well as liability damages.
It's definitely illegal... call a lawyer and you will see.........sm
There are lawyer who specialize in labor law and they will tell you. Although young people can be ill, this is slanted toward the eldery as far as the bias. And right, you cannot discriminate against someone who is handicapped and I'm sure they have a lot of medical bills. I'm telling you, these companies are in for some trouble!
How can it be illegal to require a hearing
test for a job that requires you to be able to hear the dictation. No different than requiring a physical (which could be used to check hearing, but not always) or drug tests??? Hearing well or not has nothing to do with age.
it's not illegal to look for an IC that will work when THEY NEED THEM to. Why hire someone to wo
it's not illegal to look for an IC that will work when THEY NEED THEM to. Why hire someone to work morning when you need nights for example.

Why hire someone to paint your house blue when you wanted orange?

Why hire a male stripper when you wanted a female stripper?

If you need someone for certain hours, you can request that person or IC to work those hours or not get work. Simple as 1-2-3.
Blow WHAT whistle? Nothing illegal going on. nm
So far as I know making false statements is illegal

See possible answer post..............now I'm going to work so I will have a paycheck to be deposited.

If illegal to make false statements, everyone would
That's so illegal - turn them in to Dept of Labor. How can they sm
doctor your time sheet? You mean you don't have any way to verify your HOURS worked? that's scary.
Isn't it also illegal on both ends to work for FREE?
There are labor laws in the United States, right? I have been an IC and MT, never an MTSO or subcontractor, but my husband has, and when he subbed out work or had temporary workers, he had to file 1099s for them at the end of year, etc. We can't even employ nannies off the books anymore in the USA, right? Second, on reading the OPs follow-up posts, something is way sharky about the OP. Not an innocent newbie at all, by the tone of things. Now he/she is running radio ads? Working getting paid twice what they should be? Whatever on earth that means, and I'm sure none of us are interested. Just a waste of board space, again. In fact, shouldn't this post be removed, since they basically admit they are ADVERTISING for work?? That doesn't stay on Company board and should be removed. Can someone tattle, please?
Drug testing is different because drugs are illegal and sm
Physicals are required for certain jobs......like firefighter, where a certain agility is needed. Also they are given agility tests.

Office jobs do not need to know your medical history.
If you're illegal, they'll waive that requirement - LOL
If MT is a true employee, then definitely illegal. Worth a call to US DOL


FROM THE:  U.S. Department of Labor Employment Standards Administration Wage and Hour Division 

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

Where to Obtain Additional Information

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. Copies of Wage and Hour publications may be obtained by contacting the nearest office of the Wage and Hour Division listed in most telephone directories under U. S. Government, Department of Labor or by calling our toll free number 1-866-4USWAGE. 

MORE INFORMATION:  http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm 




in Michigan it IS illegal to publish a check that you do not have the funds to cover
Geez, it's so illegal to hold back a last week's check, regardless of the reason.