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

Stating solid shifts for IC boldly in the ad. Seriously? - MT

Posted: May 25, 2013

Saw 2 ads posted here alone this week, perhaps there were more. Is it me or is this blantant disregard for IRS rules for IC. These ads state specific shifts and state for IC. Aren't these chancy moves on the part of the MTSO to actually put it in print publicly? Can't they get in trouble just for that? I am wondering if things have changed in rules for IC by the IRS or if I am losing my mind. Just touching base here for a reality check.

PS: I am not saying it isn't a 24/7 business, I am not questioning the need for coverage. I am just wondering if rules for IC have changed according to tax laws and they can set a schedule now. That is all.

Thanks for helping me check my reality, b/c right now I am wondering if my mind has been lost in the muddle of all of this...

reality check - again

[ In Reply To ..]
Having a set schedule is not the ONLY rule of control set by the IRS. I see post after post on this board shouting disbelief at the thought that an IC should not be required to work a set schedule. People need to educate themselves instead of crying the sky is falling.

The IRS has more than one criteria for determining who has control and whether a worker is an employee or an IC. It is NOT based solely on whether a worker must work a set schedule. Welcome to 2013.

Not to sound stupid, then they can set a schedule for ICs? - MT

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From your post you say it is ok? Not second guessing you just trying to understand fact of the matters.

This is what it says on the IRS 20 Factor Test - MT2

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"Flexibility of schedule: People whose hours or days of week are dictated by a company are apt to qualify as employees."

This is an extremely helpful link. Everyone should look at it - MT

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Read all the way through. It even gives a sample of an IC contract.
Thanks for all your responses. This made it very clear. :D

Set schedule for ICs - Anon

[ In Reply To ..]
They CANNOT Set a schedule for an IC. If they do, you are an EMPLOYEE. Also, they cannot tell you a specific way the work is to be done; if the client requires you to look up patient information in paperwork, verify referring doctors, put addresses and phone numbers into reports, verify amount of contrast used, etc etc this also qualifies you as an EMPLOYEE! In other words, if they CONTROL how the work is to be done, you are not an IC. Go on the IRS.GOV website and read all the requirements necessary to be classified as an IC. Most of these companies are not following this guideline so they don't have to pay state and fed taxes, worker's comp, Social security, paid vacations, etc. They win..and we lose in the long run! I won a case against a company who classified me as an IC when in reality, I was not.! Not sure if she is still in business..if she is, she shouldn't be. I'm pretty sure she will be required to pay all necessary back taxes for all her "ICS" wrongly classified. Oh well..

THEY do not set schedule. THEY say when they need MT, - MT decides yes or no. nm

[ In Reply To ..]
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What did you get out of lawsuit? Were sista MTs glad glad U - closed down MTSO and lost their jobs? nm

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According to the IRS it is all about control. If the... - sm

[ In Reply To ..]
MTSO requires a set schedule you are an employee because the MTSO is controlling when you can do your work. Because these MTSOs have largely gone unnoticed by the IRS, they have become more brazen about their illegal hiring practices.

IMO, MTSO is simply stating when IC is needed. Up to - IC to say yes or no to working SM

[ In Reply To ..]
for that MTSO. I see it as IC saying "Yes, I can work between XX and XX. If IC doesnt want to be avaiable during those hours, dont take the job. Easy Peasy.

I researched through speaking... - sm

[ In Reply To ..]
with my local DOL and the IRS and was told the exact same thing. An MTSO can say "We need an IC between the hours of XX and XX" and as an IC you can say yes, you are available then, or no, doesn't work for you and they find someone else. You then make a contract where you BOTH agree that the "schedule" is what works for you.

The only difference in IC is they can't require you work overtime, or change your schedule or do anything else that is not in the contract. You also are not required to "call in sick" as with being an IC it is your CHOICE to work those hours, BUT not sticking to the contract on your part could cause them to terminate the contract and find someone else.

Being an IC does not mean that you come and go as you like IF the MTSO has a certain time frame in which they need the work done.

We all know it is still shady business on the MTSOs part and here is the part that I was informed was wrong. An IC position should be somewhat of a TEMPORARY position, to complete a job for someone, not an ongoing year by year basis. That is the part that you should report to the IRS and the DOL. If they are "permanently" hiring a person, then they need to hire that person as an employee. If they need an account caught up, then that would classify as IC.

But MT can never assume her job is permanent. Job for MT - should always be considered SM

[ In Reply To ..]
temporary, IMO. We all know we can wake up one day with no work, thus our jobs should be considered temporary. I never knew of any MTSO hiring an MT on a permanent basis. Continued work depends entirely on the acct, not the MTSO.

Doesn't make sense - ?

[ In Reply To ..]
With that perspective then just about ALL jobs should be temporary. An MTSO is not anticipating losing an account when they hire MTs, but yes, "stuff happens".

With what you are saying, then doctor's could lose patients, stores could lose customers, attorneys could lose clients, etc. We all know that a business can be here today, gone tomorrow, but that DEFINITELY does not make it a "temporary" situation with people they need to work for them.

We are talking IC, not store employee. - nm

[ In Reply To ..]
x

Every audio file you transcribe could be your last. - sm

[ In Reply To ..]
One day your client (or MTSO) can have loads of work and other days none. Don't think for one minute when there is no work you won't be told that you are an IC and even though your contract states you agreed to certain hours that they won't come back then and say, but you're not an employee, so we need not supply you work during those times.

ICs most definitely come and go as they please. I don't call the plumber and tell them when they are going to come fix my bathtub. I call them and they tell me when they are coming and a lot of the time it is a four to five hour block of time. No real appointment necessarily.

As an IC, you own your own business. The MTSO is your client.

The MTSO is your employer when they contribute to your tax burden. Only then can they dictate your hours or your schedule.

Furthermore, with MT, the volumes fluctuate, so MTSOs needing MTs are better off contracting with ICs due to that volume fluctuation.

If an MTSO needs a set shift covered, then they need employees, not contractors.

so being hired as an IC, can we almost assume - scoutMT

[ In Reply To ..]
these will be not be permanent; in other words, after a certain amount of time you will be let go, just to satisfy this aspect of being an IC - so they are not accused of hiring 'permanent' ICs. Is this why they are perpetually looking for MTs?

I apologize ahead of time: My browser does not show the right side of my posts so I am typing blind. I made the page smaller but to no avail...

No. Not that IC will be let go to satisfy IRS. Just MT as a whole - can be gone for MT the next day. SM

[ In Reply To ..]
Just the nature of the beast. If facility gets lower price, will pull accts is an example. So, no MTSO will not fire MT to keep IRS happy. But accts can disappear at any time making MT very much NOT permanent.

LIke telling plumber you will only be home during XX to XX. - He decides if he can be at your

[ In Reply To ..]
house to do the work or not. It is not like you are making him your employee.

Exactly what is the benefit to the MT of working...sm - MT

[ In Reply To ..]
as an IC if required to adhere to a specific schedule? Answer: None. A company that needs a specific schedule filled should be hiring employees not ICs. These MTSOs are TAX EVADERS.

Benefit for me of being IC is not being told by IRS I can only work so - many hours. If I want to work more SM

[ In Reply To ..]
than 40 hours, I can without having IRS all up in my bizniss. I can make more on production than what any would pay me per hour so working more is to my advantage.

Fair enough. Do you fit the profile for a legal MT? Are you paid... - sm

[ In Reply To ..]
Paid enough more per line over what an employee is paid to compensate for taxes and benefits? It sounds like you have flexibility in your schedule if you are working much in excess of 40 hours a week for one client.

I also have PT employee job, which really helps with - the taxes. Bennies thru DH work. nm

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Great post! I could not have said it better myself! - True IC here... nm

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xx

Too bad that post was not true. - nm

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x

and the point is? - ICs CAN work a schedule

[ In Reply To ..]
If a company needs coverage for x, y, z then they say so. That in and of itself does not violate the IRS rules. Talk to any IRS agent and they'll tell you the rules are guidelines, not something poured in cement. If you take into consideration all the other ways MTSOs break the rules by telling you how the job is to be done, software to use, etc, then you have a better case of complaining than you do because they said they needed you 9-5.

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