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can you tell us which state or company? Are you an employee or IC? sm

Posted By: Curious2 on 2009-06-06
In Reply to: Letter from Department of Labor - Curious

I know that a certain company in NY was investigated a few years back because of treating ICs like employees.

I hope it is not the company I work for as I am finally happy after being miserable for the last 3 years and 50 jobs.


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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.
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. 
If you are employee and have state taxes, your employer should take out.
I reported a company to my state, who clearly defines on their internet site that if an employee lives in our state yet works for a company in another state that might not have state taxes (for instance, Florida), the company in Florida HAS to comply with taking out state taxes.

From what my state told me, they fined the company heavily for not having deducted state taxes. Check with your state first and see what the law is.

This only applies to employee though.
Does your MTSO take out all federal/state employee taxes? nm
nm
Only hire as employee if they have 50 employees in the state you live in. NM
My state would never be one.
I am not an IC, but my company is in a state that
doesn't have state tax and therefore they don't pay any state tax.  I just have extra $$ taken out of DH check to cover me.   The first year I underestimated and got a penalty of about $55 for underpaying, but after that I've gotten a little back, so we finally found the balance. 
what state is this company in?
nm
Can you state the company.....sm
It would help others maybe avoid this person/company?
Can you tell me the state this other company in?
NM
Look it up in the state the company is located. sm
You should be able to download a form or they'll send you one. 
Yes it is, but they didn't state the name of the company
.
What company is this? Or at least tell us the state in which it is located, please.

Anyone who works for a FL company, pls see FL state board. Thanks. NM
xxxxx
If your company is never out of work or always back-logged, can you state the name? Thx. nm
,
I'm like to know the answer to her post also. I have worked for an MT company in NY state,
and while I lived in another state at that time, I received full benefits; Ic or employee status had no bearing on receiving benefits.  If I were the original poster, I would check this company out very thoroughly. Something just doesn't sound right tax-wise.
Acutally it's the Mass. Sten-Tel. Hmm...same state as your company. In cahoots, maybe? nm
s
Without Naming Company, Does anyone know cost of COBRA for out-of-state employees?
x
Let me know if you pursue this company. I would like to work for a MN company as an employee?
Let me know! Thanks!
I work for a company in Florida too who gladly pays state taxes because
they know it is the law.
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.
The state you live in or the state where the MTSO is located? nm
nm
P.S. - I am an employee with this company

and they have NO benefits package yet.  I've been told for months that they are working on one.  I also was told you get PTO if you type 1100 per day.  Got news for ya.....it's impossible unless you work a couple weekends a month, which I will NOT do.  I found the job on this website, now when they need MTs they advertise elsewhere.  Shhhhh, guess it's a secret.  I'm making 0.085 cents/line and they are advertising elsewhere for .12 cents per line.  Nice eh? 


I'm hoping they fire me so I can collect unemployment. 


As an employee every company does not

provide your computer, which you have to have to do the job, every company doesn't provide a C-phone or foot pedal, which you have to have to do the job, they don't reimburse your internet, which is most cases you need to do your job.


In my case I had DSL, a land line as required by DSL, but which I rarely used and then I needed ULD once I was hired by KS.  I tried to go through my ISP, but they never could get it to work and I was tired of dealing with India.  I switched from DSL to cable internet and then I got digital phone through my internet provider.  Making the switch from land line to digital phone saves me $10/mo on my phone bill and switching from DSL to cable for six months I'm saving $15/mo on my internet expenses and will only save $5 after that 6 months. 


I don't see that I'm out anything as I came out better, but having an additional expense of $25/mo in order to be able to work at home is hardly a financial burden and I don't feel it is unreasonable.  You can always claim it on taxes.  Keystrokes clearly puts in their ad what equipment you need and if you need a C-phone they also state you will need ULD.   If an MT doesn't want to deal with that then there are other companies. 


If you are an employee of a company that provides
please mention the company so I can apply.  Thanks! 
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. 


 


Best company with higest cpl employee status
nm
Never would. BUT I am not an MTSO. I work as an employee for a company and I see everything sm
that I mentioned in my first post routinely. I don't mean to include all by no means, but don't try to make this out as a dream job. It has already been done and that is just one of of the reasons we are in the sad state we are in.
Great company and they pay employee insurance. nm
x
A company is not required to supply anything to an employee. The problem sm
is when ICs are supplied with equipment; they cannot be supplied with anything or they are employees.

Other professions need to have their own equipment, references, etc. This is not just in transcription.
She is definitely an employee. This company in Georgia has 150+ employees. Forty hour
work week is one thing but having them get very upset when you are working 50-60 hours and be nasty when the account is still behind but saying no overtime, no way is a very different thing.  I advised her ask the department to check out this company and out get out of there anyway. 
I have a friend working in a hospital and she is looking for a company from home as an employee.
Would anyone care to recommend a good company?
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

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.
Only employee and statutory employee..no IC
nm
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!!!