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It's a big deal because laws are being violated SM

Posted By: it's the law, that's why on 2009-03-03
In Reply to: I guess I see things differently, as I do not know what all of the hoopla is about not paying OT. sm - LTMT

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.




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We have privacy laws in this country, and you are held accountable. Our privacy laws
x
Maybe if this deal loses clients, I can work out an at-home deal with one of my current accounts.
Or else get a McJob at McDonald's flipping McBurgers....
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
It has to do with employment laws in SM
those states.
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?


 


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
Okay, here's the deal...
I am a Transcender myself. I have just put in my notice, but in hindsight, wondered if I was being fair. I was becoming disillusioned about certain things and could not decide if it was just my perception and if I was the only one who noticed or if I was doing something wrong that I wasn't getting the same benefits as some others and wanted to know what others thought.

I think what I've come up with here is that it is a combination of both - that at times, I put all I had into it and didn't get much in return and at times, I could've put in more. Live and learn, I guess.
I was up the next day. It's not that big of a deal.
I don't know where you were going with this post, "In the know," as it's hard to tell if you're commiserating, bashing V, or accusing her of something. Sounds like maybe this is something between the two of you given the tone, but I'm going to post this anyway.

Dunno why. Hope you're both on good terms!
Here is the deal
The work load is down tremendously which in turn is causing the transcriptionists to have lower than normal line counts. I do wish you luck making the 2000 lines per day, but honestly I don't know if that will happen. Be cautious if they "promise" that work will never run out. I think we all have been told that at one time or another. Other than the lack of work right now, Medquist is a really nice company to work for. I just hope the work load situation is temporary!
Oh big deal!
Hey, we got CHAPSTICK for Christmas! ROFL - seriously, congrats on sticking it out - U deserve the best, as do we all in this profession!
What is the big deal
They are asking you to pull a small 30 minutes a weekend, is that so bad? I too am enjoying the slower time after so much work - most companies require everyone to work an 8 hour shift Saturday or Sunday, as does QT for the newer hires, you should be happy it is only 30 minutes you are asked to do!!
Here's the deal.
The first time I ever emailed them for more work, no one got back to me for 12 hours, by which time the point was moot. On subsequent occasions when I have been out of work or low and they are broadcasting for help on other accounts, I help out but then end up getting stuck on that account and NEVER any of the good dictators -- all the crap. So, anyway, now I just flex and hope to hit a run of the dictators I can understand every now and then.
big deal,.....
so, you are one person who LOVED them. I did not have any problem getting their quota, but I did not like the management's snobby and uppity-type treatment day in, and day out. Tech people were good, but the rest absolutely SUCKED.


MQ, now there is something to write home about. I never worked for them, but my friend does, and does not like them, but she stays with them because she is in her 60s.
one raw deal i see here is this
anyone in the world can post and name a company, say anything they want. person could be a teenager just out carrying on, a disgruntled mt, an employee of a competitor ... ANY PERSON say ANYTHING and NAME a company but companies sure don't hvae the right to name problem employees do they?

i think fair is fair: if companies can be named, so should people but no more anonymous situations. gotta name yourself. lol

that would cut a lot of this garbage out.
My deal
With Focus, it seemed to me that they let the subcontracted companies take precedence over actual Focus employees.  They get the work - like today as an example - I have no work to type, because it was given to the subcontractors.  That is my reason for seeking a second company to supplement my income.  On Focus pay right now with no work and the subcontracted companies TAKING WORK OUT OF MY QUEUE WHEN IT IS DOWNLOADED FOR ME TO TYPE...you get the picture.
I believe it is a done deal. (nm)
.
what's the deal
They acted like they needed help but won't contact anybody
that's the deal..
Yep, it looks like the only choice is to suck it up or switch jobs.  Truth it, there are so many awful surprises at new jobs these days that I'd rather just suck it up than switch jobs.  But, I did want to make an earnest effort to find out the truth if it is out there for the finding.  I'm weird that way; I like to actually KNOW when I'm being lied to..and worse.  It's totally up to me as to whether I let them do it to me. right?
Get this deal......sm
I was just recently hired by a company, sent in all my new-hire paper work, given a start date and then never heard from them again.  It just so happened that I ran my free credit report and noticed the company had checked my credit.  My credit is shot to say the least mostly due to this job and its fluctuations in pay.  I pay the bills when I can pretty much, but I always pay them.  I was shocked at my score, but I still can't believe they didn't have the courtesy to let me know that they decided against giving me the job because of my bad credit.  Just never heard from them again.  Very disappointing, and given the fact that they have all my stuff, SS#, license, W4, signatures, etc., this somehow doesn't even sound legal to me.  But even if it is legal, shouldn't you contact me and let me know you are not giving me the job and have destroyed my paperwork or something!!   Does this sound like a recruiter doing her job properly? 
What is the big deal?
xx
I would go for it...Having no PTO is really not that big of a deal (sm)
although it is nice to have.  Still, you can take time off w/o pay and make it up if you want.  As someone else who is in their 50s I can tell you having the benefits and 401-K is much more important and I think is sounds like a good situation.  Good luck!
I don't see the big deal in the msg - sm
It's giving you the basics so you can decide whether to move forward with the hiring process.  Imagine all the time that would be wasted if a company tests 10 different people while 10 more are waiting and then those first 10 people get to the interview and decide they don't meet the requirements, can't meet the requirements, etc.  What's the big deal?  And that email message most likely came with a privacy disclaimer.  Before you say it, no I don't work for this company. 
Here is the deal (sm)
First of all, it would bother me to no end that they have MTs that have different rules just because they have been there longer (every weekend work versus 1 day a month??). Secondly, do you not think they can block you in Bayscribe and route the work to those MTs that have been there longer to keep them? Therefore, it sounds like you guys are all overflow MTs that they let in the system when work is high and don't care if you don't get work when it is low. I worked there before...I know for a fact they HOUND you to work extra and work extra (everything is a friggin crisis) but when there is no work you will never hear from them. Hmmm, why? They don't care its that plain and simple. I do think also there is something to this pushing the prn at 7.5 cpl thing. That's ridiculous. So, you keep your commitment and they don't have to keep a commitment to you? They want to say you didn't keep your commitment so they can push you to quit or take prn. I know...it happened to me. My best advice...stop idealizing a company that doesn't exist anymore. They used to be good...very good. That has changed and it is not good anymore and hasn't been for quite a while. It is hard to accept when you like your accounts and the system and maybe even the people (some would be hard to believe though ;) but accept what is reality and move on. Don't let them degrade your skills by using you this way. BTW, most of the positive posts I see on here I suspect are written by somebody in the company, a specific somebody actually given the way they write, to defend their reputation and to placate you guys. I know its hard and I'm not trying to be harsh but its the truth and I believe everything you are saying because I know first hand also. So, if you know the truth and its staring you in the face, don't let your wishes of how it could be or used to be mess you up so you can't pay your bills. That was the hard thing I had to accept myself. GOod luck everybody! Believe in yourself and know there is better out there.
What's the deal
I agree. What's the deal with them anyway? Do you think they just don't think or they just don't care?

I keep wanting to ask someone in authority at my company if they have EVER brought these things to the physicians' attention.

All those things are such ridiculous time wasters and risk for errors. I just don't get it.

It would be like if their patients kept getting up and running around, talking over the doctor, making phone calls, etc. while the doctor was trying to examine them or do surgery.

I am quite sure we have the only profession where we are supposed to work around and in spite of this type of thing. It's CRAZY!!

I think someone should say to someone ... are you KIDDING me?!!?

Do you think we could send anonymous letters (or make up a name for our group of MTs) to medical facilities and physicians and get any result? Like, start the letter, Have you ever thought about what it must be like to ... I really think we should try to do something.

Honestly, what year is it?!?
The deal is..
I feel for you, also; however, are coders paid on production? BIG difference,and I think most would agree that is where our main frustration lies. Time is money for us .. literally.

Happy Holidays to all! :)
What is the deal?
I have been recently looking for something part time to supplement what I am currently doing.  It has been about 2 years since I have searched for a job, but in the past, I have always been responded to fairly quickly once I applied.  I have 10 years experience with multiple specialties.  I do not really want to work for any of the BIG companies anymore as I have done that in the past and hated it, and I'm only looking for IC work.  I have never had this problem before so I'm assuming it has something to do with the economy.  Has anyone else been experiencing this as well? 
99% of the company is not on SR -- what;s the deal??
Most of the company is not on speech rec and probably never will be. From my standpoint, SR is better than shipping it to India.

I like that Transcend is very open with all its MLSs.
I think sarcasm is the only way to deal
not Happy OSi'er....but another OSi'er who is happy