A community of 30,000 US Transcriptionist serving Medical Transcription Industry


Possible reason only some MTs got back wages - from K&R


Posted: Aug 08, 2013

My employer, who has several VA contracts, was audited by the DOL last year.  The findings of the audit were that the employer should have been paying us the prevailing hourly wage because the contracts were federal government contracts.  Many people got back pay for the period of time for which the books were audited, but not everyone did because the DOL only audited one of our accounts.  Even though all the rest of the MTs were paid exactly the same way (on a production basis), if someone did not work on the audited account, they did not get back pay.  The company has since changed its payment formula so that every MT who works on any federal contract is paid the prevailing hourly wage with some benefits.  This is in order to comply with what is stated in the McNamara-O'Hara Service Contract Act. 

I don't know if that is what happened with K&R, but it is likely since I know they had VA contracts as well.

If you are one of those who did not get back pay, it's probably because your particular accounts were not audited.  You can still file an anonymous complaint with the DOL and ask for back pay, and they can conduct an audit on those particular accounts.

Good luck to all of you.

VA accounts -- no ICs allowed - anon

[ In Reply To ..]
Additionally, for VA contracts, no ICs are allowed. If an audit is conducted and ICs have been paid production pay only, the VA considers them misclassified and re-classifies them as employees. They then require the minimum wage to be paid and payroll taxes, etc. Obviously contracting for VA services has some serious stipulations.

WOWZA! - anon2

[ In Reply To ..]
I have been working as an IC on VA accounts for 10 years...for the same company...is this something that should worry me or I should do anything about? I like my pay rate, but not that they are not supposed to be operating this way...if that is indeed true!

WOWZA you should do something about it - SCA

[ In Reply To ..]
This is indeed true and even though you like your pay rate they are required to pay prevailing wage which generally is at least $15.00 an hour. They also are required to pay all government holidays (I believe 10), half of your social security taxes, unemployment, vacation time and workers comp. You definitely should contact the DOL in the state where the company is located and let them take it from there. They will never tell the employer your name and eventually you will receive any unpaid wages. You can also get reimbursed for half of the social security taxes you've paid over the past 10 years by filing a IRS SS-8 determination claim.

Another point that we should all care about is the fact that VA contracts are paid by the government via our tax dollars. So basically we are paying the MTSO to take advantage of us--how wrong is that?

VA accounts, no ICs DOL contact info for Alpha complaints - anon

[ In Reply To ..]
US Department of Labor
Wage and Hour Division
Federal Office Building
200 N. High Street, Room 646
Columbus, OH 43215
(614)469-5678

Subject: Transcription Inc dba Alpha Transcription
File # 1697251

George L. Victory
District Director

Alpha ??? - anon

[ In Reply To ..]
Is there some kind of rumble going on with Alpha over the DOL right now?
Isn't Alpha a VA contractor too? - anon
[ In Reply To ..]
?

VA and no ICs? - anon

[ In Reply To ..]
Where did you verify that no ICs can work on VA accounts? Are you sure it's a VA audit that would result in minimum wage, taxes, etc. Could it be maybe that would happen from an audit from the Department of Labor? I'm just curious how to get this information confirmed.

Thanks.

Here's some info - NM

[ In Reply To ..]
zzzz

K&R - Anonymous

[ In Reply To ..]
So now I am confused. I thought they paid by line only. I have never been paid by the hour, only per line. Can someone explain what has been going on? I do not have any contact with other MTs that work there.

They can pay by the line if you produce enough in an hour to equal prevailing wage . . . - MT

[ In Reply To ..]
but they have to classify you as an employee and pay all benefits, taxes, etc. You need to talk to the DOL and not just be confused on this board--they will not change their ways if we put up with the situation.

Not account but VISN - exKNR

[ In Reply To ..]
Its not the actual account you worked on. Per the DOL investigator I talked with, it has to do with the VISN contract which is usually a group of accounts (several facilities).

DOL told me - irrateMT

[ In Reply To ..]
that the K&R dispute had to do with what state you live in and what VISN you worked on.

Each state has it's own prevailing wage and - DOL

[ In Reply To ..]
that is how they figure your individual wage. Like the post above mentioned, I guess the VISN could determine why some MTs at K&R got paid and not others, but you should still have a claim and the DOL needs to figure out which VISN, etc. Bottom line VA contracts are governed by the Service Contract Act which requires MTs get employee status, prevailing wage and benefits. Don't give up.

DOL CYA? - MT

[ In Reply To ..]
DOL might be covering their own butts for not going to the facility and conducting a thorough investigation of all the people working for K&R--just sayin!

Sad...... - anon

[ In Reply To ..]
It is sad because these VA contracting companies are still hiring ICs for the same line rate and no benefits and so this is going to keep happening over and over again.

sad - irrateMT

[ In Reply To ..]
K&R still has ICs...what are they going to do differently now? They are still paid by production and have nothing taken out...have they not learned?

Sounds like they need "ongoing education", hope you told the DOL - MT

[ In Reply To ..]
If they are not reported they'll keep doing it, obviously they think they're able to cheat the system.


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