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Try your state agency....

Posted By: Wage and hour division... on 2005-10-25
In Reply to: a question about overtime and the legality of this... - overworked, underpaid

or better yet, the state where YOUR company resides. They should be able to answer your questions. Anything over 40 hours, by law, is tme and a half, not up to them.


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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?!
So if I'm an RN that works for an agency SM
and I'm working at a hospital that asks that their nurses reuse latex gloves to save on costs, I should oblige because it's the way the client wants it done? 
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.
Unless something has changed, health insurance rates vary state by state, so we may not have the
info you need.  I'm an IC so I don't have benefits.
Ever get a job w/an on-line placement agency? They all seem to be in-
s
RE:Ever get a job w/an on-line placement agency? They all seem to be in-
In-house is where I would like to be. Can you provide the web address for the placement agency/agencies, so I may take a look. Are there multiple listings across the US or is just for one geograhical location?
You are correct. The state that rules is the state the employee lives in.
My state laws has is spelled out in their Code. If another state does not withhold, they are fined heavily and if they don't withhold for years, their fines are pretty bad. I worked for a Florida co that did not withhold income tax for my state even after I brought it to their attention in the state code. They kept saying that they would eventually and never did. After two plus years and when I left, I made it known to my state all the conversations, the state refunded me all late fees they charged me and then said they were going after the company in Florida because they had many employees in our state. They deserved it. They knew better.
I worked briefly for a temp agency.
They actually sent me out on a hospital job where I was paid hourly so that is the only experience I have. It was not production based or anything. They just needed some extra help getting caught up. It was mostly H&Ps and operative notes. The hourly rate was not bad...really not that much less than what I was making at home and they ended up offering me a full-time job as an employee, but I wanted to stay home work because of kids..
I used to work for a home healthcare agency and we got
one weeks pay for every year we worked there.   They were a non-profit agency and so to get rid of any profits made during the year we got bonuses.  
Many years ago I paid an employment agency a fee (sm)
for what seemed like a great job (non-MT). Two of us were hired for a job that didn't have enough work for even one person! In the meantime, I was making payments to the employment agency each paycheck. The two of us were working hard and doing well (we thought!)

The week before my last payment was due to the employment agency, out of the blue the manager began to find fault with every little thing we did, even if it was what she told us to do the day before.

I got suspicious, and on a day she was absent, found her file cabinet unlocked and took a look through her employee file. (Don't even bother to lecture me - I KNOW it was wrong, but I did it anyway.)

What I found was VERY interesting: It turns out that every few months, this company hired 2 people from this agency. They would keep them only until that employee had made their last payment to the agency, then let them go and hire 2 more. Also, our manager was very good friends with the owner of the employment agency!

Sure enough, a few days after my co-worker & I made our last payment to the agency, we were let go. Talk about a scam! And of course, back then I was too young & naiive to know I had a legal recourse.

LESSON LEARNED: Never, ever, pay anything for a job. Your skill is the asset, and you are selling it to the employer for your wage. (So don't sell yourself cheaply!)
guess again, i'm inhouse and my sup would rather send out work to the agency
yep, to meet the TAT she will send it out, even if it means no work for the real hospital employees.
The state you live in or the state where the MTSO is located? nm
nm
Any Info on Professional Transcription Agency would be greatly appreciated..nm
xx
If company is in state that has no state taxes
they are not required to take out state taxes.  It's enough to keep up with your own state tax law code, could you imagine having to stay abreast of 49 other state tax codes?  The cost would be huge and ultimately passed on to us by lower line rates.  Regardless of who owes the tax, someone has to pay it.  Just a matter of convenience I guess. 
Not state by state, federal labor law - sm
and you don't have to be asked. If you work it, asked or not, they have to pay time and a half OT rate for hours worked over 40 in a week.

Taken right from U.S. Dept of Labor -
An employer who requires or PERMITS an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA)MUST receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.

Different state to state. You would be surprised to find

IC can be defined differently state to state.  Even the IRS cannot come up with a definitive set of rules.  You would be surprised how many ICs actually get unemployment in some states.  If the unemployment claim form asks specifically if you are an independent contractor, do not lie, but if it does not, do not volunteer it.  Let the company prove you are a true IC according to the rules of your state.  All you lose is a few minutes filling out the claim form.  I would only do it as a last resort.  If you can find work fast, by all means go for it, but the way things are now with all the VR and off-shoring, it is a backup if you cannot find work.  No one should go hungry because they are afraid to file for Unemployment as an IC. 


 


I worked for a temp agency for 3 years..LOVED it. Just worked. No counts, no hassels, GREAT pay..
No benefits at the time.  I even learned pathology while temping (8 months on that assigment).  I loved the variety, the ability to say I'm not available such and such time.  I'd do it again in a heartbeat if I didn't need benefits.
They should take out state taxes for the state
nm
It varies from state to state
nm
Varies from state to state
My own state recognizes partial unemployment, too, when your work gets cut down to half of your regular workload/income.
They must deduct FEDERAL taxes.. NOT STATE taxes.. if they took out state taxes.. it would be FLORID
which would only have to be refunded to you for you to pay YOUR state what you owe them which is nothing but a pain... be glad they weren't handling your state tax.. and I think in this case.. if someone at the IRS told you they have to deduct YOUR states taxes.. it is that person who is uneducated... they only have to deduce federal income tax

I am not sure which State
The person I had E-mail contact with was named "Suzanne". I have no other info.

Thank you.
Perhaps not in your state.
NM
State tax
No, I'm sorry, but deducting state tax is a cost of doing business and it is a very small cost to the employer. Medware is a lazy, greedy corporation, and that is why they don't deduct state taxes.

It is very simple to do payroll nowadays - it's all on computer and the payroll programs have all the states' information in them and all it takes for Medware or any employer to pay the individual states is to electronically transfer the money, which is set up at their bank.
can you tell us what state they are in so I that I do not
make that mistake?
My state too...
Of course he wouldn't want to see them. He refuses to see reality all around him. He still thinks we have it soooo good. I agree with you. Heaven help us all if the Haliburton puppet becomes the legal ruler when the present king steps down.... hopefully his health issues will preclude that. Oh, yes, I do wonder if his medical records are transcribed in India?
Don't pay them yourself. I did not and my state says they
are going to take action against MedWare. My state apologized to me for charging me late fees (I refused to send in state taxes to the state because I was an employee and because it was written plain as day in my state law that they should be taken out by the employer). I was with them for 3 years and all those years I got charged like a $10 fee each year for paying state taxes late. My state REFUNDED all my late fees to me and apologized stating that they were investigating the practices of the company. Don't know whatever happened with that, but last I knew they were looking into it. My state did not penalize me at all so by refunding all their late fees, that tells me that they know it was not my fault.
Each state has its own law regarding
this. Some states have a 3 day requirement, makes no difference whether you quit or got fired.
I am not sure in your state...
However, Unemployment Insurance also covers underemployment in my state. That is if you are downsized and can prove you are making less than 70% of what you made before, you are eligible to draw partial unemployment benefits. That may be retroactive (I believe there is only a 1-week waiting period), and may help your immediate mortgage trouble.

The caveat is that you have to be actively looking for work but basically that means you have to have made 2 job contacts during a week, which would be very easy to do in this profession.

It would be worth checking into for you as unemployment benefits are usually paid weekly. You may find yourself in better shape by next week already. Good luck!
What state are you in?
When I worked at home for a hospital in New Jersey, I received state disability pay when I went on maternity leave.
State...
I live in Maine, which makes it difficult because I am not close to any of these companies. There are not many hospitals around here and they outsource to companies like what I already work for! I am just stuck and it is frustrating me...I just find it hard to believe that there are not more people out there in my situation!!! I feel like I have been discriminated against because I am young because most MTs are older (not that there is anything wrong with that) and that is something I have had to deal with in this job a lot!!!
Their state. sm
The state the MTSO is in.
There are at least 2. Which state is yours in? nm
s
But get this, in my state we still have to
file state income tax..... That is why I said that, realize the differences
There are 2. What state are you looking for? nm
s
Think there are 2. What state is yours in? nm
s
I don't think it has anything to do with your state.

 


The premiums depend on family, single, 1+1, etc. 


What state is this one in? Several out there
s
What state was that?
They could not do business in what state?
Their ads clearly state you need ULD, although they
do have jobs that you don't need a C-phone for, just a foot pedal.
You state: sm
Throwing the term demonic around when forewarning someone is just a little unnerving. Unnerving to who? You? Unless you are Ms. Renner, then I would understand. Five grand is HUGE. I'd like to see what adjectives you would post if you were ripped off 5,000, lost your entire business, and were unable to feed your family because of it.

IMO, demonic is a harsh word in comparison to others that could have been posted.
You state: sm
Throwing the term demonic around when forewarning someone is just a little unnerving. Unnerving to who? You? Unless you are Ms. Renner, then I would understand. Five grand is HUGE. I'd like to see what adjectives you would post if you were ripped off 5,000, lost your entire business, and were unable to feed your family because of it.

IMO, demonic is not the harshest word in comparison to others that could have been posted.
Why won't you tell at least the state?

I don't understand this at all!  You warn people about deceitful recruiting tactics of a company, but then you won't tell us who we should stay away from?


Thanks for nothing.


I would take the state job as you can

always post out if you're not liking the job and they also especially in our state tend to hire from within for promotions.  MT can be outsourced at any time and at 53, I'd rather have the better benefits. 


You could always do a part-time MT gig on the weekends for a smaller MTSO.  That's always an option!


Good luck to you, and yes, if I was 53 with no school-aged children, I'd take the state job in a minute.  My Mom worked for the state and when she retired she had complete benefits and then when she passed away they also had life insurance that helped with expenses.  She invested most of her income, but fortunately, was able to live on her own SS income and then that was left to us kids what she had invested.  Not much, but I kind of wished she would have used it.  Oh well, she wanted us to have something.      Good luck and Happy Thanksgiving!  It sounds like you have a lot to be thankful for with 2 job prospects, but again, pick the first one and you'll feel more secure.


So what if they state what their needs are?
Any client can tell you when they want their work and how much they are willing to pay. If you don't want to take the work for that, then don't.

What they can't do is tell you how you get it done (you can hire subcontractors if you want or do it yourself) or that you have to complete the work in specific place (their office or your office) nor tell you how long/what times to work on it.

They CAN tell you what they need (work done by this time or during these times) and how much they are willing to pay.

If doing IC work for an MTSO doesn't suit you, go get your own accounts.

What is you're expecting? To just waltz in and state how much you're charging and that you'll have it back when you want to? LOL

????? An IC can state they will take
xxx cpl for work, but the MTSO does not have to accept it and hire the IC. It is the IC's choice if they do not like the pay scale.
you state that no MT on VR will
be able to make good money if she/he does not change from mouse usage to shortcuts. I doubt that. How do you know? Maybe this applies only to you.

This is a personal preference. Some people work faster with the mouse than with shortcuts. It is not proven yet that the usage of shortcuts brings up the speed.

If your line count on VR is so high, then you are just lucky and praise the Lord. It is so high because you are blessed with

good dictators
good software
good platform
good audio

and is not brought on by your efficiency. Would the VR documents come down on your screen in a devastatiang shape, your line count would be reduced sharply, believe me.

Give your thanks to God that you are among the very few blessed with an almost error-free, or even totally error- free VR documents.
I am sure it is different in every state, but...
Even if you work full-time, in my state, they have a set weekly amount for gross income to qualify. If you make that amount or more, no go. If you make less than that amount, you will be given partial unemployment based on that amount and then matched dollar for dollar under that amount on top of the set amount they pay. You have to document every week how much you make and how much less it is than that gross weekly income set amount.

I hope I did not confuse you.
What state to go to?
I am still workingfor this lousy company (Acusis) and have to for health reasons.  But can you tell me, if you know, what state do I go to for Labor Department, where I live or California, or PA where home office is?  If you know, can email privately if you wish.  Thanks.
Do you have a contract? If so, does it state
when you will get paid? If you don't have a contract get one. If it states you will be paid by a certain date call the MTSO and ask about payment.  I'd give it one week after that and if no payment no work. 
Think there are 2 companies w/this name. Got a state? nm
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