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IC thoughts - an IC

Posted: Sep 14th, 2016 - 12:38 am In Reply to: Thinking - MTs for Change

I think that, in order to make the greatest possible impact with this petition, you should become better acquainted with the role of IC status in this industry. What you have done is wonderful, and I mean no disrespect, but the desire to initiate change needs to include all of us. The majority of companies no longer even offer employee status. The IC status is a legal umbrella for the companies to stand beneath and protect themselves, not us, from having to pay insurance benefits, paid time off, overtime, holiday pay, vacation benefits, disability, etc. There are many posts on this board regarding the difference between IC and employee status. There are many posts about ongoing Department of Labor and IRS communication with regard to this subject.

I do not set my pay rate, the MTSO sets the rate. Every company I know of requires a certain schedule. The companies pay on production but some do not require a certain line count. Some do not require a certain amount of hours, although they can terminate the contract at will if they feel you are not producing enough. As an IC, I just had my 3rd quarter QA audit so, yes, performance standards are exactly the same as for an employee. I run out of work, just like an employee. However, the companies that hire both will often give work to an employee rather than an IC. And by the way, I am expected to provide at least 2 weeks' notice if I want to end my contract with the company. I also have to "request" time off well in advance.

The very nature of our profession does not allow for lack of coverage. No-one can make an appointment to become ill, have an accident or a medical emergency. I understand that the companies need to ensure they can provide coverage to their clients. However, they use this as an excuse of sorts to reinforce the need for an exact schedule, which absolutely defines an employee and not an independent contractor. I use my own office and my own equipment but I have no choice of how the work has to be performed or when it needs to be completed. I have to use their software platform (or FTP site, or VPN network, etc.) and adhere to the same TAT as an employee. I do not get to make any rules. I have to shut up and type just like a Nuance employee.

You are concerned about losing people in details. I am asking you to recognize and validate that ICs are a huge part of the industry, and we do not want to be excluded and forgotten. Your letter started with the Big Three but it should be about the entire industry. Some companies even advertise that you can choose employee or IC status. They know it ultimately doesn’t matter because their legal experts can draft an IC contract just as tightly as an employee agreement. It's nothing more than a label. If you are a "real" IC, own your own business, have your own subcontractors, I guess that is a different situation. However, I think that most of the ICs out there are likely not in this position. I know I'm certainly not. We have just been "hired" with the label of a "contract," but nothing has really changed, except that we are excluded from even earning minimum wage, and we have to pay taxes on whatever we do earn.

Another huge difference is that as an IC, I am considered a business associate, and this exposes me to the exact same liability as the MTSO. I do not have an employee umbrella to stand under. I don't know how many ICs can afford malpractice insurance (aka errors and omissions policy) but I certainly can't. The companies treat us just like employees, but I can guarantee you that if a terrible mistake of some kind should occur, I would revert back to being a "business associate" very quickly with zero protection of any kind.

I know this started out as a call to Nuance, but perhaps some rephrasing might be in order. I actually think it is much more underhanded and devious to be a "smaller" MTSO and hide your illegal practices under the guise of "contracting with an independent MT" when in actuality, your company is just a miniature Nuance. I am the OP for Employees Only? and this is what I meant by that post. Maybe some of the 20,000 members of mtstars.com are not signing because they are ICs as well.

Please learn more and do not leave us behind. Thank you so much for wanting to make a difference.


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