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

TRANSPORTAL- NORTH CAROLINA - anon

Posted: Mar 23, 2011

So Transportal now gets caught! Wage and Hour walks in their doors and audits their payroll and they are made to pay out MTs that were not paid minimum wage or overtime. When are these MTSOs going to stop thinking that because we work on production that we do not come under Wage and Hour laws!

Well I just hope that all those MTs that they didn't pay minimum wage to or overtime got the back wages they deserved. Let it be a lesson to everyone that works at home as an employee, you are ENTITLED to overtime, and you are to be paid nothing less than minimum wage! If you are working for a company as an employee and you are not being paid minimum wage, and/or overtime, you need to file a complaint with the Wage and Hour board in the state your company does business in. You do not have to give your name!

It's really the IRS who is all over this issue - NC MT

[ In Reply To ..]
My HR manager recently attended a seminar on this very thing. Evidently it is the #1 priority of the IRS to stop the practice of illegally using ICs as employees because the taxes do not end up getting paid. And overtime and minimum wage laws are not being followed.

Collection of those taxes would go a long way in eliminating our national debt. This former IRS agent said 500 auditors had been hired and MTSOs are on the target list. And they are supposedly paying 10% of the penalties/fines assessed to the whistleblower! All it takes is one phone call.

We have been warned in this industry for the last couple of years, so this company should have been it coming.

so are you telling me that . . . - OT is . . . .

[ In Reply To ..]
to be paid to you after your 40-hour work week or after an 8-hour a day (whatever the case may be) regardless of an approval by an immediate supervisor or the owner of the company or the man on the moon? am i understanding that correctly? regardless of whether it is approved or not by whomever, once over 40 hours in a work week or an 8-hour shift, an employer is obligated to pay an employee OT wages? did i get that right?

overtime pay - anon

[ In Reply To ..]
Yes, overtime must be paid for all employees who work over 40 hours in a work week for most states (over 8 hours a day for some states). This is for employees only. Additionally, every employee must earn at least the minimum wage for the state in which they live and work (not the state where the company is).

It is the company's responsibility to track hours and make sure the employee is reporting hours worked correctly.

These 2 rules apply to all employees but not to independent contractors. ICs can work as many hours as they'd like. However, ICs cannot be scheduled, must provide all their own equipment and contracts, and must have other clients to prove they are a business. Provide they have to have their own liability insurance.

Search on the Internet for the IRS rules about classifying someone an IC when they are treated like an employee. There are serious penalties, and if found out, the company even has to go back a period of years and pay health insurance if the employee is misclassified as a contractor. This is serious stuff and a lot of companies are not following the law on this, not just medical transcription. That's why the IRS is pursuing this so aggressively and is paying 10% of the penalties and fines back to those who report it. All it takes is a simple phone call to the IRS and they will investigate.

The earlier poster was correct: Unpaid taxes from ICs has been reported to be the #1 priority of the IRS right now at both federal and state levels.

DSG is next - just sayin

[ In Reply To ..]
DSG is next. They have violated the OT pay law for years.

Yes, OT needs to be paid, but the employee can be written up or - terminated for working unauthorized OT. nm

[ In Reply To ..]
nm

Totally correct. Where I work we are not allowed - sm

[ In Reply To ..]
to work OT unless preapproved--which never happens. If you do it on your own, you can be terminated and you ARE NOT paid for it because you did it without approval.

so are you telling me that . . . - x2

[ In Reply To ..]
even though it is an OT law and you have your 40 hours, unless a higher authority authorizes OT pay, you worked OT for nothing (okay, your basic hourly wage)? So what incentive is there to work either past your shift or on your day off if you have to get approval for OT even though it is a law? sometimes there are too many "gray" areas. seems to me this is basic black and white, you work over 40 hours, you get OT, period . . . or should someone wake me up cuz i'm dreaming?

have to pay OT even if unauthorized - oldMT

[ In Reply To ..]
They may terminate you for not following policy, but they still have to pay the OT you worked, even if you did it without their permission. If you report it, they have to pay it. And they have responsibility for ensuring you're working what you're reporting. It's the employer's responsibility, not the employee's.

Did You Witness This? - TXMT

[ In Reply To ..]
I hope this is something you know first hand and are not just spreading rumors. I assume you were actually in the corporate office when Wage and Hour representatives walked in? If you don't know this from a company notification or for having seen it yourself, this is nothing but a rumor.

Considering the level of work Transportal is offering, if anyone is not making minimum wage I really don't think the company is the one to blame. When I was there it was clinic notes accounts with few doctors and the pay was 7 cpl for employee or 8 cpl for IC. At a required 1200 lines per day even if you are taking 8 hours to transcribe reports that you can easily have macros for most of the report for that is $12.88 per hour before taxes if you're an IC paid at 8 cpl. Not outstanding but certainly not the lowest out there. We're not talking transcribing neurosurgery here, folks. I'm not speaking badly of the company at all, just saying the work was not exactly what I would call challenging and certainly would lead to making above minimum wage. I would have had to actually make an effort to go slow to make minimum wage.

This sounds like a case of sour grapes being spread by someone who couldn't make production. I don't mean the OP, but whomever originated what could possibly be a rumor. If you're on a heavy ESL account or an extremely challenging account with hundreds or thousands of dictators then I can understand expecting a company to bump you to minimum wage, but at the same time if an MT is not able to make a very reasonable line goal then you really have to question who is at fault here. I have never made as low as minimum wage beyond about the first 3 weeks of work, and yes I work in acute care on a heavy ESL account. I don't think it is fair to blame the MTSOs for every bit of this, especially in this case.

Posted under wrong response -sm - TXMT

[ In Reply To ..]
I apologize to the person above my original post as my reply was not to him/her but rather to the OP. :-)

Go t an email from my MTSO saying to read it BEFORE or AFTER our shifts - I believe this is illegal as well

[ In Reply To ..]
Being as it is work related, it should be read during the course of our shift, not on our own private time.

It seems these companies just get greedier and greedier and more blatant in their breaking of labor laws.

I'm glad some of them are getting caught with their hands in the cookie jar, so to speak.

way around it - tired MT

[ In Reply To ..]
The way my employer gets around it is he only pays for actual typing. So if you spend five minutes looking up patient information to fill in the demographic screen he does not pay you for that. I can actually work my 80 hours and his calculations show I only worked 56 hours. I transcribe radiology reports so you are in and out of them pretty fast (I type around 150 reports per day) so that is a lot of time spent filling in patient info that I am not getting paid for. We are also required to send emails and post it notes about problems with reports that of course we do not get paid for. I think this is illegal too, but not sure who to call. Any help?

Make a beeline to call the wage and hour division in your state - anon

[ In Reply To ..]
If you're an employee, if you're an IC it doesn't matter. That is absolutely illegal. Even if paid on production, production has to be converted to an hourly rate on reported hours worked. Good luck!

This is absolutely illegal especially if you are - An employee

[ In Reply To ..]
You ought to report it, thats b.s. and when they review him, they will catch it and make him rectify this. If you are working, i.e. looking up demos for reports, then you should be paid. If you are sitting at your desk finding info for his work, you are working.

Ifyou are sending feedback.. doing anything that will monetarily benefit him, you are working for him and should be paid..

if you are an employee. An IC is different i think.

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