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Production-paid employees have different laws and regulations. nm

Posted By: BTDT on 2008-11-04
In Reply to: Yes - - lk

nm


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minimum wage laws cover employees only - nm
x
Do employees not get paid by the line?
I know I do!
If you are not paid on production, does
it really matter??? You are not losing money by doing these other things and if that is part of your job description, then you have to do it.
Nope. Not if I'm being paid production.
If I'm being paid hourly I'll do that, but they can't have it both ways. If they expect us to do that, they can pay us for it.
Paid production/hourly

To those of you who are paid production (other than MQ) - are you limited to working 39 hours a week? I don't understand being paid by the line, yet being treated as an hourly worker. Just curious as to whether this is the norm at other places. 


Do you get paid by the hour or production?
`
are you paid by production or hourly?
nm
If you're paid on production, SM
I'd very strongly recommend buying a program. Looking things up in a book takes so, so much more time, and wild card searches are the pits at very best.
We are paid on a production system,
a tiered system determined by # of lines per pay period, not per hour. With each tier reached you get an extra 0.05 cpl on top of your normal cpl. Minimum line count per pay period (2 weeks) is 12,000 lines. Not at all hard to reach. The cap is 2 cpl above your starting cpl.
Exactly what happens when paid by production. Complain to all the companies sm
thay pay on production.  The bottom line is the dollar.
Depends on whether you are paid hourly or on production.

If you are paid on production, then I wouldn't even spend five minutes researching a physicians name because it's the MTSOs responsibility to make sure have up to date physician lists available to you.  Nothing irks me more than starting a new job with an MTSO who expects you to hit the ground running, but gives you very little to start with!


If you are paid hourly, then I would spend up to 10 minutes trying to figure something out.


Switching Around Accounts While Getting Paid for Production
Appalled, I understand what you're saying, but there's another side to your point that I think you didn't verbalize quite well enough for MT30+ to understand.

When the employer, who is paying you for production, or even the employer who might be paying you hourly, asks you to switch accounts frequently, the employer is also going to suffer. When you're not typing up to your potential, she's not profiting as much from your typing either.

Let's say the MTSO just got in over her head with backlog and needs more staff. It does take time to find and hire new staff. But if the MTSO doesn't do that AND QUICKLY, then the MTSO is going to be suffering from the learning curve of the MTs she's asking to pick up the slack in the meantime.

Everybody suffers when the MTSO doesn't staff adequately in advance for new accounts, not just the MT.

On the other hand, if the MTSO anticipates a new account and hires in advance, then everybody suffers again because they start seeing the No Jobs Available message from overhiring until the new account kicks in.

It's a very tricky business when you're taking on a new account, hiring new people to staff it, and trying to coordinate it all so that everybody stays happy.
Yup, it's fact of life when people are paid on production..SM
I hate cherrypickers too, but part of me wonders from a devil's advocate point of view, what if everyone just refused to do the crappy dictators? Maybe they'd be forced to clean up their act. Because when you get right down to it, CRAPPY DICTATORS are the main problem causing cherrypicking, NOT the MT.
I loved being paid for production/quality as opposed to being with the co. since
the beginning of time. And those long timers that I worked with tended to produce the least work and dish out the most criticism. I felt like a work horse and was paid half of what the 10 plus years on the job MTs in-house were. This created hostility, needless to say.
Nope. We get paid production too. Unfortunately, hourly QA is out the door.
They are fewer and farther between than you could imagine. AND, for those of us who have been fortunate enough to be paid production (I'm one of the unfortunate CBay editors who was fired just before Christmas.)
well, we ARE on production. And paid according to what the account pays. Have rates gone up? sm
You (supposedly) get a percetage of what the account pays.
We paid hourly with incentive for high production. So she's making money when she's just
sitting there.  I don't know if it is a habit or not because this is the first time I've really had to work with her for any length of time.  I usually only work a couple of hours a day with her when our shifts overlap.  I think I'm definitely going to ask the girl I'm filling in for what she thinks about her.
I think all state labor laws are pretty much in line with the federal laws as far as PTO SM

among other things.  Basically, federal law states that an employer is not required to offer paid time off or paid holidays.  An employer doesn't have to pay you for time not worked.  It states quite clearly that PTO is an agreement between the employer and employee upon hire.  So, if you have an agreement with your employer stating you accrue PTO and get certain Holidays off with pay, then upon termination or resignation, you are entitled to any unused time you have accrued.  However, since not mandated by any state or federal laws, if an employer refuses to pay you for any unused PTO, you will have to take legal action, likely in small claims court.  You will probably eventually win, but you have to decide is it worth all the trouble and legal fees?


When you actually get right down to it, labor laws really don't do much for the working class.  We are not guaranteed anything except minimum wage and a safe work environment.


Posting regulations? nm
x
New regulations. Please read. sm
According to IDES, the three items that must be met in addition to the IRS guidelines are:
1. The person must have a company name, a federal tax ID number and hold themselves out for additional accounts. This must be done through formal advertising, brochures, etc. Business cards are not sufficient.

2. They must not receive any control at all, including but not limited to training, formatting, set hours, equipment, software or instruction on how or when or where the work is to be performed.

3. THE IC MUST NOT PERFORM THE DUTIES THAT EMPLOYEES ARE PERFORMING. They must be doing something completely different.

They can go back 4 years and have you fill out a 3-page form explaining each 1099 that you have given out and if they decide that they were actually employees, then you will have to pay the money that you would have paid to IDES plus fines and interest.

They are specifically targeting transcription as they say that transcriptionists, by the very nature of what they do, are employees not ICs.

This is probably the beginning of the end of MTSOs utilizing ICs. You might want to look into it.

http://www.ides.state.il.us/info/pubs/idesrules.pdf. Starts on page 67.


State regulations sm
Well, I have to disagree. I was counseled by my attorney and accountant, as an IC, working at home, regulations go by the state I perform the work in, (home state as I work from home), not the state the company is in.

For instance, I live in PA, my accounts are in Florida. My accounts would follow PA regulation, not Florida's. I had an issue come up, a very important one about pay issuance and taxes, sought legal counsel and that is how I know it to be the truth.
Google HIPAA regulations.
Make them sign a contract. I know someone who used to bring the tapes around the neighborhood for people to listen to.People like this spoil it for those of us who absolutely go by the rules and if you are using tapes, be careful with them. Digital or tapes, confidentiality rules apply. Overall, be careful who you deal with, they represent you!
For QA consulting I'm paid per hour; QA instructing (college) paid salary, QA editing paid per li
I am an IC and work for two different MTSOs as well as instruct at a business college.
if mt paid 9, editor paid 4 or 5...how can company charge 14 and make it..sm

I know the going rate in our area is 14 cents per line.  As MTs most companies here pay us 8 or 9 cents a line.  Now add in the Editor rate at 4 or 5 per line..you are paying OUT more than you can charge a line.  How would companies stay in biz?


Unless all work is sent by the company overseas at pennies per line, this would not pay for a company.


just curious how this works out


laws
In some areas there are laws against leaving a dog tied in a yard like this.  it is considered neglect or abuse or something
OT laws
What you're talking about here is illegal and violates the Federal labor laws. It is also not legal to just not pay someone if they work OT. You still have to pay them, and then deal with not following policy through whatever disciplinary action you have in place. But over 40 hours means OT pay, period. There is no exception to that and if your supervisor is advising you differently, he/she is asking you to break the law.
in-laws
Do any of you married people have trouble with your in-laws, particularly your mother-in-law?  Mine is quite domineering and manipulate, though my husband doesn't see it one bit.  She has really created a lot of problems between him and I because I don't think she ever really liked me.     However, he sides with HER all the time !
in-laws
I suffered with this for 15 years of my 17-1/2 year marriage. I finally started dishing it back to her, big time. She was really a spineless woman, and she retreated. In fact, they hardly ever came to visit anymore. However, the damage was done and the marriage died. So, good luck. I wouldn't go out of my way to try and please her, because believe me, you won't!
I have in-laws that are like that...

I wish I could also put it out of my head and get over it, but it still bothers me.  My MIL doesn't get it and has never wanted to. My mom was the only one who ever really understood before she died a few years ago, but only because she would ask me and wanted to know. My husband tells me to let it go, that they'll never understand. That includes his sisters and brothers. I'm 38 and still care about silly things like that. I do need to let it go and know that we are doing good by my working at home. I've seen all my three kids' firsts just by being here, and that's what is important. I've even mentioned to my MIL what I make in the past and still doesn't seem to care or want to know, just will say "oh, really?" and then move on to the next subject. When everyone is talking about having to work the next day at a holiday party, I keep my mouth closed now and say nothing. To them, I don't really work. I feel like a crazy person if I do mention working, like I have an imaginary job, so I quit talking about it. It's funny now because SIL's daughter went to school for this and is currently looking for a job, so they'll have to start understanding it better.  I'm glad to know I inspired her.


But how much are the US EDs gonna be paid? Typically this work is paid at 2-3 cpl. nm
:+
You don't get paid an hourly rate you get paid by line - sm
so because of how you are paid (not an hourly rate) you don't get OT, especially if you are an IC.
I would move on. I think it is so unfair not to be paid for spaces! I think we should get paid

per keystroke, but that'll never happen.  I just think that these national companies are going to keep finding ways to cheat us.  I found a job working for a hospital as an employee, paid hourly plus incentive, and they let us expand everything!  Somebody's gonna have to kill me to make me give up this job.  I will never go back to the national's again.


I feel for you though.  I know that for us MTs those good jobs are few and far between and some have little choice but to work for the nationals.  I just happened to luck into the job I have now.  I just applied at the right time. 


Good luck to you whatever you decide.


If those companies paid a fair wage, and paid more
all came out equal, people wouldn't feel the need to try to make up the deficit by going for the good stuff. I actually prefer the harder, juicier reports. But I can't make a living doing only that, because the pay is not commensurate with the difficulty. So even though I prefer not to, sometimes I have to pick up some of the easier, more boring 'line-o-matic' reports just to make ends meet. Tell your MTSO to make it work their while, and MTs will stop taking all the easy work away that you obviously would prefer to keep for yourself.
You wont show UE being paid because it is employer paid -
the employee will never have to pay this.
Old laws are still on the books everywhere.

Most schools will not use corporal punishment any more period.  Believe me, there are some kids at our school that could use a good whack on the backside.  However, the school district then would have to worry about assault charges from parents.  Teachers aren't willing to risk their entire careers over a bad apple.


The 4th grade girl who brought a handgun to my child's nice suburban school got suspended for three days and counseling.  The 5th grade boy who brought a knife was led off in handcuffs by police, but he was back in school the very next week.  Now, he's an angry high school kid who has to take a special class with other "angry" kids.  The kindergartener who stabbed my kid's teacher in the face with a metal mechanical pencil last year wasn't removed from her classroom at all.  Instead, they brought in a "behavioral specialist".  It wasn't working, but I told the principal if my children were in any of these kids' classes again, I'd be sending all my kids to private school.


My in-laws use a neti pot.
You can either buy a pot or use a water bottle with a hole cut in the lid. Fill it with 8 ounces of warm water and 1/4 teaspoon of NONiodized salt. Gently irrigate your nasal passages with it. Google for informative articles and video demonstration. Yuck.
please see my above post for laws...sm
please see my post just above this regarding laws that have changed and/or are changing in the 21st century..........*S*.....
To get a break your in-laws might consider...
respite care for a week or two. It would cost about what they are paying the private nurse. They would not even have to really "get away." Just having a break from constant care would be a vacation. I know; been there and done that!
The laws mandate...sm
that if a spouse or immediate family member is placed overseas by military then your employer would have to keep you working as long as you're willing. As far as your not being married, you'll need to ask your human resources department.
You need to read IRS laws....they have to pay
nm
no it does not...check your SS laws again.--sm
my father was on full SS after he retired. He worked part time as a security guard. He could NOT earn over a certain amount each month. There ARE restrictions, no matter if early retirement or full retirement.
No similar laws that I know of

Can you post a link?


India is notoriously lax on privacy, intellectual property, etc., types of laws.  Their judiciary system has always been at or near the top when it comes to corruption also.  It is easy to bribe your way out of trouble.  I know this.  I have family over there and hear plenty of stories of what goes on that would never get by in the USA.  The offshorers take chances in third world nations (not just to say India, there are others like Philippines, Pakistan, etc.).  They take these chances because of the fact that the labor is much cheaper.  They cross their fingers and hope for no trouble and since the USA has not outlawed sending its citizens' personal information to other countries, they are allowed to do so and they choose to boost their profits in the meantime.  It is what it is.  They are in business to make money.  Just like the subprime mortgage lending mess ... banks turning a blind eye to unqualified borrowers to make a  quick buck.  Now the chickens are coming home to roost for the banks.


Labor laws
I think there may be some strong labor laws against such behavior. State labor laws obviously vary, but even Federal Labor Laws should prevent this.

I hate to hear about collusion like this against a person, who possibly just had the temerity to disagree.

Quig
The laws cannot be ENFORCED, so we have no
way of knowing what they're doing with our info. Sending our sensitive information overseas where HIPAA laws don't apply including names, DOB, Social Security numbers, addresses, etc., in itself is a HIPAA violation.
Well, I bet it's because CA has laws that protect
workers, so certain skeevy companies at least don't want to hire them because then they would (horrors) have to pay them when there is no work rather than pay them nothing while they sit waiting for work. That's just one of the protections we have here in CA. IMO
That would be HIPAA laws....nm
nm
why would that violate laws? I would say you could do it -
nm
So you are educated in the laws of Aruba? Wow.
I sound like I have lack of knowledge about this case, as does Mrs. Twitty.  So, I guess me and Mrs. Twitty should look to you for explanations and answers as to where her daughter is and what happened to her?  Do you have some inside info the rest of the world is not privy to?  I'm just wondering because if not, you are blowing a lot of hot air around and basically just about as uneducated about the laws and the evidence surrounding this case as the rest of us.
also, check out the laws in your state (sm)

regarding how the landlord should handle your deposit during the time you rented from them.  In my state, it must be kept in an escrow account, and the landlord must show proof of this.  Also, landlords are liable for lots of routine maintenance on the house/apartment while it is rented.  For example, landlords are responsible for painting, replacing miniblinds, cleaning carpets, etc every four years, in the state of Georgia.


Go online and check it out...you could get your money back, plus some! Good Luck!


Labor laws in some states (particularly CA) SM
are more stringent and some of the nationals won't hire from certain states because their laws are stricter than federal labor laws.
If you don't mind using a mix, my ex-laws are from Louisiana
you have to find them on the net, usually they sell through other food sites, but their mixes are to die for. And when i can't get to Louisiana, I get a box of these mixes. and when I cna't think what to give for Xmas I give these mixes. just awesome.