Home     Contact Us    
Main Board Job Seeker's Board Job Wanted Board Resume Bank Company Board Word Help Medquist New MTs Classifieds Offshore Concerns VR/Speech Recognition Tech Help Coding/Medical Billing
Gab Board Politics Comedy Stop Health Issues
ADVERTISEMENT




Serving Over 20,000 US Medical Transcriptionists

If you are an employee, they have federal

Posted By: sm on 2008-01-21
In Reply to: Time Clocks - Chavera

guidelines to follow to ensure you make at least minimum wage and to reference for overtime purposes.

Clocking in/out does not necessarily mean a loss of flexibility. It does mean some accountability, though.



Complete Discussion Below: marks the location of current message within thread

The messages you are viewing are archived/old.
To view latest messages and participate in discussions, select the boards given in left menu


Other related messages found in our database

Does your MTSO take out all federal/state employee taxes? nm
nm
Uh, are you sure about Federal? sm
This may depend entirely on the MTSO, but as an SE with MQ, they did in fact withhold federal taxes for me, (but not state taxes.)
So, a federal law
for payment of overtime only applies to whatever hours the facility or company defines as overtime; not all based on a 40-hour week?
It is a federal offense
If the federal government checks the time the employee is producing work from the company software instead of the falsified time sheet and finds it is consistent across the board, the company will definitely be in a huge amount of hot water.  I don't work for them and never have.  I have my own small company with just me and two more employees, but if this is going on, the employees would have a firm case.  They should also document the calls or even record them when they are called to work extra.  Just my two cents.  I hope this helps. 
You can go on line and get the Federal
forms from the IRS. I never did state, they were never that much anyway.
Your federal ID is just your SS number.
I am not an IC at Transcend, but I do some IC work in my local area. All I needed for this was to get a business license in my city of residence, for a home-based business. It costs me $26 a year, but I'm sure that will vary widely depending on where you live. (And that fee is tax-deductible.)

That's all it takes to become an 'established company,' to the best of my knowledge. Instead of a W2 at tax time you get a 1099.

Just call your city hall and ask them how to get a license to set up a home-based business.

If you have a home-based business you can write off all your computer equipment and repairs, and if your accountant is savvy enough, you can even take the home office tax deduction. Mine told me that is no longer an audit red flag because so many people are telecommuting now.
Federal Trade Commission ........ nm
ss
Do they take out for all taxes or just the Federal and you pay your own local? nm
s
WHY NOT MAIL THEM COPY OF FEDERAL....SM
and labor board guidelines regarding employment of independent contractors and the difference between IC and employment status.  They cannot have it both ways...have their cake and eat it, too.  They don't want to pay taxes, Soc Sec,  and benefits for MTs.....but they still want the same control over the MT.  Same mentality of most MTSO's....insulting our common sense & intelligence bec. they've soooooooo smart and we're are, collectively, soooooooo dumb!                            
Several years ago, they passed a federal law
That law says that companies with over a certain number of employees have to provide advance notice (I thought it was 30 days, but maybe it's 60 days, I dunno)before just closing up shop and doing mass layoffs.

I do NOT think that law would apply to smaller transcription MTSOs with fewer than 50 employees or so.

It would absolutely apply to Medquist, though!
I google federal layoff law. sm
http://www.google.com/search?hl=en&q=federal+layoff+notice+law&aq=f&oq=

Can click open articles.

Companys should at least be reported to the Federal labor department so those coming up from behind. Sadly people need to be MADE to be decent to their fellow humans
SE doesn't take out federal and state taxes, only
x
Heartlanders-find a Federal resource to help

Although my job has not been displaced, I can emphasize with your predicament.  I have seen the decline in pay and benefits as a direct result of offshoring and only being able to find a job with a MTSO who stands against offshoring by sacrificing about 30% of what I had just 3 years ago.  Now I have custody of a 2 yo and because I make just barely above the 200% poverty level, I do not qualify for goverment benefits that I have been paying into for the past 30 years; however, because of certain federal funds being administered differently at the discretion of different states, I could move to a different state and the 200% limit would not apply to me!


In researching what benefits ARE available to me, I found the website I have linked below.  There are benefits available to persons who have lost their jobs to offshoring but I would like to point out one thing:


ONE of the programs requires that at least 3 OR MORE persons having been affected apply for the benefit.  So please for the sake of each of you that are going through your own crises, band together so each of you can find a solution that works for your own needs.  Please leave the ability to email each other in your posts so you can network.  You need each other's support now more than ever!  Find out what you CAN do for yourselves and for each other.  What have you been paying taxes for all this time?  You deserve whatever benefits you can obtain...you have already PAID for them!


 


Here's The Federal Law on Mass Layoff Notice
http://www.doleta.gov/programs/factsht/warn.htm
This only pertains to federal health programs
Like VA. It says if the MTSO is paid with federal money, then they are subject to all these things.
ANY federal money - included Medicare and almost
I could be wrong, but I read it to mean ANY federal money which includes Medicare/Medicaid, and there are probably not too many hospitals, clinics, or private doctor's offices that do not have at least 1 Medicare/Medicaid patient.  Seems to me they would not be too worried about all the listed countries for off-shoring if it was only VA, since there was already a big stink about off-shoring VA records.  But then, as I said, I could be reading it wrong.  I guess only time will tell. 
Overtime is calculated in Elabor, in compliance with federal law....
We enter our hours into Elabor each day, and OT is calculated. Right now, with a slow workload, I doubt overtime is approved. As a matter of fact, it is not approved.
MTSOs have a unique loophole in the FMLA Federal

MTSOs have a unique loophole.  I got caught up in it a couple of years ago when trying to use medical leave for my personal medical illness. 


Here are the Federal Requirements:


 


 EMPLOYEE ELIGIBILITY


To be eligible for FMLA benefits, an employee must:


• work for a covered employer;


• have worked for the employer for a total of 12 months;


• have worked at least 1,250 hours over the previous 12 months; and


• work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.


 


The loophole for MTSOs is the last one …”50 employees… within 75 miles.”  MTSOs can interpret that to mean “50 employees who WORK FOR SPHERIS” within 75 miles of EACH OTHER.  So, if you live in the middle of Wyoming, there may not be 50 employees within a 75 mile radius of your home.  Thus, the loophole, which some MTSOs actually do use.


HOWEVER, some employees do have a counter-loophole.  States also have FMLA requirements, and the State that you live in supersedes Federal requirements.  In my case my Sate does not have the “75 mile radius” requirement, so after I contacted my MTSO and informed them of that, they backed down and approved all the leave I wanted.


Check out your State requirements to see if they are different.  If they are not, if you can survive with 6 weeks and want to keep your job, I would not rock-the-boat any further.  Personally, I would use those 6 weeks to find another employer who is more employee friendly, if there are any left out there. 


Good Luck and Congratulations on the new Baby. 


 


To be independent at Transcend, have to have own company established and federal ID number?
I guess that about tells it all, does it not? In other words not just the required 8 hour weekend but also you have to have established company. I wonder how many fit under that category?
Statuatory employee versus regular employee....
Can someone tell me the difference between a statuatory employee versus a regular employee?  My company offeres IC or SE status....I am confused about whether switching over the SE would benefit me more than IC status that I have been for some time with them?  What are the benefits and disadvantages of being an SE versus IC?  Thanks for all of your help!
They hire both IC and employee. I am an employee (see message)
and I have full benefits. I am very happy that I came to work here. I came as a statutory employee from a large company. Everyone at MDI has been great to me.
Depends on if you are employee or statutory employee (sm)
Employee, 8th and 23rd of month
Stat. Employee, 15th and 30th month
Diskriter - Anyone go from their employee to hospital employee with them?
Thinking about giving up on being their employee and applying for a hospital employee position through them, they have one in PA right now that looks good.  How is it for scheduling?  Do you keep your line rate or get whatever the hospital pays? Who manages those accounts, is it the same PM and DR that are on the other ones?  I have DR and feel like she doesn't have a clue what she is doing and it is so annoying, but I just don't have the guts to let the company know she needs to step it up a notch because the transcriptionists are not happy under her.  Are QA the same people or through the hospital.  They have 1 QA that is constantly asking us questions on doctors and format, things we should be asking that QA person.  Annoying that new people move up to QA but people who've been there 2 or 3 years get treated like dirt and jumped account to account.
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.

Only employee and statutory employee..no IC
nm
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

As an employee
I average about 8.5.  They have an incentive if you type 12,000 in a 2-week pay period and that's not too hard to do on their system.  Plus they pay higher on the weekends and at night (which I do on a split shift).  I also figure the benefits are worth it because they use United, which I like the coverage in my area.  All in all I am happy with them and I really like my team leader, that's a big plus to me.
Is this IC, SE, or employee?
nm
Yes they do, also employee and PT
positions were available when I interviewed 6 months ago.
Every employee is different.
I have found OSi to be very flexible.  I personally do not work weekends.  We are required to work holidays if they fall on your normally scheduled days; although, getting paid at 5 cpl extra.  You can also request holidays off, which has never been a problem for me.  I have never been denied on a request.
IC vs Employee
You will pay more taxes as an IC because of SSI, whereas as an employee, you do not (your employer pays half of SSI.)
You said you are an employee? Where?
Where are these 4 companies that pay $8K a quarter for bonuses?!?! Please, do tell!!

And provide enough work for you alone to do that much work?!?! Please, do share!!
When you are an employee, do you
If so, you are better off being an employee. Otherwise, the so-called self-employment tax cuts heavily into your earned income credit. It did for me at least, without having made a huge amount of self-employment income.
You can owe as an employee also

If you filled out your W9 form and put down for 10 dependents you would also owe or if your marital status changed or your deductions changed.  All I am saying is that people think that because their employer is taking their taxes out for them they are not paying their own taxes.   When you handle your own money, you just have to be structured enough to take out what an employer takes out.   See your paycheck before and after taxes and see the percentage you are paying.  When you get a tax refund that is YOUR money that the government has had for a year.   You just underpaid.  You can also overpay as a business owner or an IC and get a refund.   But with the amount of deductions I have, I will never go back to an employee full-time as I would lose another 20% to the government and not ready to give that over.


employee or IC.
 
IC or employee?
I just checked their website and it states they only hire employees? It is possible to be an IC with them?
Yes, you can be IC or employee, nm
nm
Employee
Their platform is very productive and they offer full benefits to full-time employees. For that they do expect you to work an employee schedule as they try to have the coverage issues worked out. There have been some growing pains with work flow, but my experience has been they have been resolved quickly and certainly nothing chronic. They do not pay for spaces but I took that into account negotiating the line rate. The efficient platform and getting paid for headers also helps offset the spaces issue for me.
Is this as an IC, or are you an employee? nm
X
They must be as I don't do employee (nm)
@__@
Sorry.. Employee, soon to be EX, at MDI-FL..

Definitely need to clarify that.


Pay for IC vs. employee

I'm interested to learn the average difference in pay between IC and employee--such as, if as an IC I earn 9 cpl (65 char with spaces), as a regular employee what would be the equivalent?  I'm guessing about 2 cpl less, so it would be 7 cpl as an employee.  I don't need insurance though.


Thank you in advance!


 


IC vs employee
An employer generally pays about 20% in benefits and overhead for each employee which includes medical insurance, paid vacation, income taxes, 401K, equipment, fringe bennies.   So yes, in the example you gave it would equate to about 0.2 cpl.
Employee only. nm
xx
Are you and employee or IC? (nm)
/
An employee. nm
s
Really? I am a former employee of one of those
companies and I know one of them do.
are you an employee? sm
if so they are bound to take out state taxes. If you are an IC, of course not. Oh-- and by the way-- you would have to pay your state taxes yourself anyway :)
P.S. And, yes, I was an employee.

And yes, taxes are ultimately the responsibility of the employee, but most legitimate companies withdraw taxes from the employee's paycheck.  I found it difficult enough just paying my regular bills with the very low rate of pay this company offered, and it was impossible for me to also put aside extra money to pay for the taxes they refused to take out.


One of the reasons I decided to accept employment with them was because I belieevd of all the hype about them being best employer, etc., and I refused to listen to all the little warning signs that frequently popped up in my brain.  I won't ever do that again.


Not the OP, but is she is an employee, sm

why shouldn't she get paid for downtime?  If you worked at Burger King and no customers came in for an hour, yet you were required to be ready to service the customers, wouldn't you expect to be paid?  JMHO


Now, if she is IC, she's out of luck.


Are u an employee or IC? nm
x