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IC status, continued

Posted By: Snow Bunny on 2009-02-05
In Reply to: Thank you for posting this.... - SM

>>>This is what I meant above by how a company is saying work this shift as an IC at this line rate.  As an IC, I have the right to work when I choose to work, not when my clients choose.  If my clients want to make demands (and yes I have one client that is an MTSO), then I would become an employee at that point and they must pay my taxes. 

You’re half correct. What you would become is a statutory employee (SE), not a “regular employee,” like you would be if you worked in an office. In the case of the SE, the company and/or individual they provide service for would be required to pay 7.5% of the social security tax, but that’s as far as it goes. You would still need to withhold your own federal tax in addition to other taxes like Medicare. Furthermore, and the law used to state that anyone who works exclusively for a single company/individual is classified as a SE, by law.

The 20 guidelines I posted here and on the Main Broad are merely a framework. Each individual should speak with a lawyer who specializes in Employer/Employee law or directly with the IRS.  

>>>I've seen people post as employees saying they have no work during their shift and are asked to flex, which is also wrong.  It's just crazy how this profession continues to be used and abused and now there are MTs convinced it's okay because they need a job.  It's just a neverending cycle.  JMO

I don’t agree that (all) MTs are convinced it’s okay. They’re simply not fully aware of the laws, or they know the laws but feel they’re stuck “between a rock and a hard place.” Either they “agree to the terms” (of the contract) or they won’t be able to pay their bills. But, it’s still the element of control and the MT *still* has the final say:  “I agree to the Tues-Sat shift for 8 cpl.”

There are two other issues that come to mind. First, the line rate. An IC determines what constitutes a line, and informs the client accordingly. Usually, they choose the software they wish to use (i.e. Sylcount), but sometimes the MTSO will tell them, “We use Abacus and count spaces and returns only; no formatting codes” and that’s okay. However, if you have IC status you should NEVER let the MTSO do the line calculation on their end and then tell you how many lines you’ve transcribed. Doing so gives the MTSO “the element of control,” which makes you their employee.

The second issue is a little trickier and it concerns the “application process.” Again, what applies to the IC also applies to the MTSO. When the MTSO approaches a client (i.e. Osh Begosh Hospital) to offer their service, they try their best to sell their service and secure a contract in the process. They do not fill out a job application nor do they take a transcription test. That’s what an employee does, not an IC. The IC provides references, and that’s it.

In the final analysis, knowing the law is one thing and adhering to the law is another. You can tell the service what the law is, and they can just as easily tell you that your services are not needed. And, unfortunately, that’s pretty much where it’s at right now and where it will continue to remain.




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continued.......
once you get overself and the fact that you think you know everything.
continued from above: if you don't think this is
x
Being Exploited Continued
To MT/Biller: I also have tried cutting back on the garbage, but then I end up just hurting myself because I lose money. Either way I lose: Struggle through the lousy assigned jobs and make some money (but not what I should be making or was making before), or don't do the lousy assigned jobs and lose even more money. Either way they get what they want and I don't. Any suggestions would be very welcome.
Being Exploited Continued
Thank you for your thoughts. I actually had a job offer from Transtech but turned it down because the account they wanted me on was 80% VR. If you have good feelings about the company you will be going to in October and you feel comfortable sharing the name in confidence (if you think they might have something for me full-time), perhaps you could e-mail me. Please let me know if this is possible and I will send you my e-mail. Otherwise, I totally understand and good luck to you also.
I was out of work at Spheris the second day I was there, and it has continued. SM
I'm sure it depends on a lot of things, but I am looking elsewhere.
Continued from above -- and yes I have multiple accounts...nm
nm
last year was the scariest...continued
but this is not the first time the hospital tried to let us go.
Heartland Information Services-to be continued...

I requested this morning at Heartland to send out my article that I wrote in response to this layoff to employees at the company, but I was told no.  I was going under the premise of the right of free speech.  Hmm, wonder why they don't want me to send it out??!!


They have been reading this board, so keep up the continued support, we could sure use it!!


Thank you,


Mary Kirkpatrick


TransTech has continued this LOW/NO work for more than a year now with

only promises for new accounts, while losing accounts, overhiring.  This low/no work situation has been going on TOO long !


We can be sure that if management's/supes/QA/inhouse employees' paychecks were affected by this continuing LOW WORK situation, something would be done IMMEDIATELY by management.  But they still get their bonuses, raises, bennies, trips to LV, etc.


So, so, so sad that this excellent company has lost respect for their MT's by NOT providing work for them on a consistent basis, yet demanding a schedule !   


There would be no Transtech if their MT's were not working to keep accounts.  How do you think, mgmt, you would be able to keep your paychecks/jobs without your MT's ? ? ?


The *sweetie* just does not show respect for me.  MONEY DOES !  Jobs coming into my queue makes me money !


Agree..with IC status, equip. is your responsibility; employee status - you should SM
not have to pay out-of-pocket for use of their equipment. I would never work employee status for a company who required me to purchase or lease their equipment. The only thing I would find acceptable is to have a small security deposit taken out of paycheck when starting with a company. This will protect the company from those few who might abuse the equipment.
Anyone know of Escription companies that offer IC status. I do not want employee status but would
like to stick with the Escription platform at all possible.
Employee status w/benefits vs IC status??? Dilemna enclosed

I am caught between a rock and a hard place and figure this is the place to get the best advice from those in the know.  I have been an IC for the past 5 years and love the flexibility but was interested in a job with benefits.  I started a new job about a month ago with good pay (2 lph more than I was making) and benefits......very happy with company but as an employee, obviously have a schedule.  I am working both jobs currently and starting to burn out.  On the new job, I am struggling to get the 1200 lines per day required but on my old.... I can easily get 150-400 lph depending on the dictator but again, it is IC and less lph than the new job.  Obviously, the platform is different and not paid for template headers/footers wheras the old one, I am paid for those.  Now to my question.  Is it just me?  Is it because I really enjoyed the freedom of ic status and therfore seem to be struggling?   Anyone else experienced this before?  Tempted to go back told job and lose benefits/more pay because in the end, maybe it works out be the same pay because of amount of time I spend getting the job done?   Not sure if this makes sense but hoping you can all offer some advice!!  TIA


IC status

I am an IC with Medquist and my base requirement is 4000 lines per pay period (paid twice monthly).  This is also required to qualify for reimbursement of a second phone line.  An important thing to remember with MQ, however, they are very office-oriented, meaning that each office sets many of their own policies. 


IC status?
Didnt think MQ had IC status anymore.  I was one and was told about five years ago I had to switch to SE or employee that they no longer had IC status.
Looking For PT or IC PT status..sm

Been running out of work and looking for something to make up for the lost income.  Does anyone know which companies are hiring PT or PT/IC status?  Any info would be greatly appreciated. 


PT/IC status
I have heard that www.rapidtranscript.com is in need of people for the basic 4.
I'm an IC. I don't think they have emp status.
They're in Stroudsburg, PA. you can find them address by googling.
IC status
Can anyone provide info on companies who do not require a schedule or line requirement?
Need to know your status - are you IC
Makes a big difference as to how she can treat you. What is your status?
SE status is
statutory employee, which means that the company will withhold your SS taxes thereby saving you paying both sides of the (I think almost 15%) when you pay your quarterly taxes.
IC status
While I understand the need for a commitment, lately I notice a big trend toward hiring of ICs with very specific requirements and I have been confused about this also. It just seems to me like the service owners want their cake and eat it too. Employee commmitment with no employee benefits or guarantees of work. What is that? What I don't understand is why so many MTs are willing to accept such rigid requirements at pathetic line rates on top of it. Personally as an IC, I would only guarantee X amount of lines within a 12-hour window. MTs who produce quality documentation need to not sell themselves short and demand what they are worth. It all goes back to the facilities getting what they pay for.
Are they IC status?
nm
non-IC status

Does anyone know of a company who is hiring PT status where you don't have to work as an IC? The taxes are just a pain to take care of and I would like to continue a PT job but just havent found a company offering anything but IC status.


IC status
This sounds like D&L typing as well. Must be many out there doing it, and someone allowing them to get away with it.
You mean from OT status?
If you mean has it slowed down since the OT that was required for quite awhile recently, yes, it is back to normal work now, at least on the account I am on.
What is SE status?
NM
se status
I have been an SE before with benefits, and I did not have the freedom to choose my own schedule. The only difference in employee/SE was that I supplied my own computer - thereby making me eligible to count my home office. Otherwise, I was just another employee.
It's SE status
It's a great company and great line rate, but no insurance or benefits, so if that's really what you need you'll have to look elsewhere.
Still, if IC/SE status, you can't always
work as much as you want because if they have FT employees, they get first shot to meet their required lines, hours, etc.
Ic status
I emailed one of them and asked how they could advertise for ICs and then dictate the hours and shifts. The response was that the job is IC because you have the choice to not accept the job if you don't like the hours!!! are you kidding me? I wish people would start to report these companies to the IRS. Again as long as they can get away with it.......
IC status.
I suspect that IC status may have been created by some predatory management types--not necessarily in the MT business--who wanted to keep hiring employees but did not want to have to keep paying for benefits. They continue to treat them as employees even though they are not. They often get away with it because people need the jobs and are afraid to rock the boat.

I am personally lucky to be with an MTSO that understands IC status and honors it.
IC Status
Re all the remarks about ICs not really being ICs most of the time per the IRS.  I support anything we can do to let the IRS know what is going on in this business with regard to ICs.  If you read the ads for ICs on any of the job boards, you quickly realize that these are not truly IC positions.  My problem is this:  I need a job.  If I take one of these positions, knowing that I am breaking the IRS rules by accepting it, then I too am liable for prosecution.  At least that is my take on it.  I would appreciate more input on this.  Should I take the risk?  I am going to call the IRS and also try to get a legal opinion.  I will post any information I obtain.
SE status?
What does SE status stand for?  Does MDI-MD offer MDI status?  Does anyone receive health and/or PTO?
SE status
SE status = statutory employee status. It's very similar to IC status except some (not all) taxes are withheld from your paychecks. MDI-MD does SE status. No health insurance or PTO.
been doing IC status for 25 out of sm
over 30 year MT and to me it is well worth it. I made alot more money and even with the taxes it was worth it. Plus, it is SO worth it as far as flexibility of scheduling!

Lots of things that you can deduct that I personally think make up for the extra employment tax situation. Just my opinion though. If you haven't been in this profession for very long though, I don't think it would be worthwhile. I guess it depends on how mucy money you are making to begin with.
been doing IC status for 25 out of sm
over 30 year MT and to me it is well worth it. I made alot more money and even with the taxes it was worth it. Plus, it is SO worth it as far as flexibility of scheduling!

Lots of things that you can deduct that I personally think make up for the extra employment tax situation. Just my opinion though. If you haven't been in this profession for very long though, I don't think it would be worthwhile. I guess it depends on how mucy money you are making to begin with. Plus its not what is worth to everybody else, its what it is worth to you. If you need flexibility then yes. you might want to try statutory status if you can find it. They pay your SS taxes but most of the time there is some flexibility in scheduling too. That is the best of both worlds in my opinion.
IC status
When you are an IC do you have to carry liability insurance?
IC status
Wow TechSupport! Thank you!

I'm personally pretty happy being classified IC, especially since my contractor seems to be very cognizant of the fact that IC's are presumed to have FLEXIBILITY. But it got under my skin more than a little when applying for IC positions where the contractor was dictating days and shifts.

But again, TechSupport, thank you! I did not know that there is an official form with the IRS for contesting IC status without directly confronting the employer!
IC status
The IRS did away with the 21-rule a long time ago and they are the final say. They now have a 3-part rule.

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Being told your hours, providing equipment, telling you you can't work for another company -- EMPLOYEE.

I'd venture to guess 90% of the services calling ICs contractors are WRONG.
PT/FT status
If I had to guess I'd say that the reason they do a money minimum rather than lines or apparently even hours is the VR/straight combo. I do both for MDI now and how many lines I do per day really fluctuates a lot depending on how much of one or the other I get in any given day, so I keep a running tally during the day and when I hit the amount of money I need I stop.
IC status with MDI???
Very confusing to me also as to my knowledge we are statutory, which is not the same thing as IC.
Status with MDI
Some of us are full-time employees, but we don't have benefits. I am full-time and work a 40-hour week, sometimes more. I feel sorry for those who have done without benefits at MDI. I kept my Cobra with no lapse in coverage, so I will be covered without a waiting period. Those of use who work at MDI are looking forward to having benefits again. The company treats us well.
IC status
When I was an IC many years ago. I used to plan on paying a third to Uncle Sam and then B&O tax to the state (we don't have a state income tax). But, I was going out and canvasing for clients and not doing on the Net back them - I think it is different depending on the state - but I think it was about $1000 a year. Hope this helps. You need to call the government tax people and they will send you invoices and info on what to pay.
MQ has no IC status. No one is an IC. Perhaps confused??
nm
Thanks, I think employee status though
I applied 2 months ago and checked the ad again on their website. The hours stink. SO, I'll go and see what they offer, but not sure. Hours, days are Monday, Thurs,Fri,Sat, Sun. 3 to 11:30 pm, then Sat and Sun 7am to 3:30pm. YUCK! I don't remember those hours from when I applied that long ago! Am curious to see what they offer though. Will post after I find out. Job is in Minnesota, Twin Cities metro, but will be home-based.
Does MedWare have IC status now?

I used to work for them as an IC a few years ago, but then they discontinued that.


Anyone know if they currently hire IC's?


0.738 cpl actually if employee status sm
To figure out what a line rate would be for employee status - you just subtract 7.65% from the IC line rate.  My neighbor is an HR specialist and teaches the tax classes at a bank here.  She said the only difference is that you pay the 7.65% FICA instead of the employer paying it.  There are so many ignorant people out there saying you pay 30% more - you don't.  You pay the same, plus the above amount - for me equals about 28% total, not 30% additional. 
IC status usually earns more cpl sm

IC status usually does pay more than 10 cpl but IC also usually means you pay your own taxes, pick up and deliver work, etc. 


Do you pay your own taxes or does the hospital do that for you?  If they pay it, you are an employee, not an IC.  If you pay them on your own, perhaps 11 cpl is not enough.


No they are not IC. Employee status
and I believe 1,000 lines is FT. No pressure. Very easy going. Not sure of benefits yet. Not sure if you can be IC or not.

I am FT and plan to stay FT and can easily do 1,000 but struggle with 1,2000 because of lack of work and crap I am stuck with because of cherrypicking the work.

They pay less than I am making now and cannot really afford to go just yet.

Also they count spaces and headings for line count.

Heatland's status
I currently work for Heartland do you? I myself love this company. I have been treated great by all my sups. Tech support has always been A+. I love my accounts, but at the same time it is always in the back of my head is there the chance they could start cutting jobs. I know they are still taking on new MTs as we speak, and that is a plus in the outlook on things, but still cannot help but wonder.
I talked to them about IC status sm
and I really liked them. You might just call and ask. It would be IC status and you need your own equipment. They download their software.