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PRN Military Transcription employee status - sm
Posted: Jun 27, 2014
For any who have applied to PRN Military Transcription, please remember that if you work on any military/VA accounts, you must have employee status and be paid the wage determination rate for that work, which is an HOURLY rate. This company may have a mix of accounts, and you may be hired initially to work on non-government accounts at a line rate. However, any time you work on an account that has a federal government contract, you have to be considered an employee, not IC, and you have to be paid the hourly rate AND have an additional hourly rate that goes into a benefits fund. For anyone who currently works for an MTSO that handles VA or other federal government work, you must have employee status and be paid the hourly wage determination rate. If you are not being paid properly, you can file an ANONYMOUS complaint with the Department of Labor. If no one complains, these MTSOs will continue to violate the law, breach their contracts with the VA or feds, and screw you out of what they are legally obligated to pay you, which in many cases will be more than you are getting paid via a line rate.
I had been offered an IC job for VA a few months ago, BUT - oldie
[ In Reply To ..]It was by a company owned in India. I wonder if those regulations apply in that case. I know when I checked to see if the ACA regulations applied to companies in India that employ more than 50 US citizens, my Senator's office said no they didn't and that he though it was a good thing even though we are losing jobs because it was good for globalization. (Sen. Mark Warner, Va.) Anyway. I wonder if somehow that regulation is null and void if the company is located in India.
VA - oaf
[ In Reply To ..]I worked for America's Pride for years and I believe those jobs are supposed to stay in the US!!!! I would definitely contact the Labor Board...
I agree with oaf that services performed on VA/fed - govt contracts
[ In Reply To ..]are not supposed to be offshored. At least that was definitely the case up until a couple of years ago. I don't know if that has changed. However, I do know that if you are working on VA/fed govt contracts, you MUST have employee status and be paid the respective hourly wage determination rate, which, depending on the county, can be more than twice the minimum wage.
Please tell me the name of that company in India. I want to check this out. Or please check it out yourself. This is illegal!!!
By the way, I'm sure Senator Warner is not at risk for inadequate income due to job loss as a result of globalization. I find his remarks disingenuous and invalid as this situation does not directly affect him, only his seemingly unimportant constituents. He is supposed to be championing the causes dear to the people whom he represents, and instead he is selling them down the river. He should be ashamed of himself.
I would think the gov knew with the bidding of their contracts - that they gave it to India for the lowest bid.
[ In Reply To ..]think?
Because an MTSO from India - is performing work
[ In Reply To ..]on a US federal government contract does not mean they were the MTSO that was awarded the contract. There have been many cases in MT and other industries where the contractor subcontracts work in violation of the law and/or terms of the contract. The subcontractors can be foreign or domestic. It all depends on what the laws are and what the terms of the contract stipulate. When this happens, it may not be discovered for a long time, if ever. That's why it's important to speak out and alert authorities when we are made aware of such violations.
I believe there have also been instances of owners of foreign-based MTSOs coming to the States and setting up a physical business office, bidding on and being awarded MT contracts, and then having offshore MTs perform the work in violation of law and/or contract.
If you think illegal subcontracting of MT contracts doesn't happen, here is just one example of it having occurred in 2003. After you read the article, ask yourself if this prohibited subcontracting would ever have been detected had the client not been contacted by one of the subcontractors. Then ask yourself if you think this is an isolated incident.
If you see something, say something.
http://www.sfgate.com/health/article/SPECIAL-REPORT-Looking-Offshore-Outsourced-2774413.php
"Good for globalization"? Jerk - Val
[ In Reply To ..]"Good for globalization" --- Corporations. Warner is presumably American, so what is he doing for AMERICANS?
They don't think or work that way. Just we do. It - will happen, mistake or not. and
[ In Reply To ..]we owe it all to technology for making it possible.
To SM - me
[ In Reply To ..]I have worked for P.R.N. for over 3 years. I have some news for you - instead of worrying about this small company which, by the way, is THE BEST PAYING COMPANY since I left MDI after the Transcend debacle - why don't you all worry about something more important such as the fact that Nuance and big companies like them are sending our work to India - THAT should be a violation of the law. P.R.N. has the best pay scale I have seen in looking at all the posts for MLS. So let's go after the big guys who are not paying a living wage first, but are lining their pockets offshoring work to other countries. To me, that is the bigger crime. Just my 2 cents.
My concern is any violation of the law - in this industry
[ In Reply To ..]I don't know if PRN MTs who perform services for federal government/VA contracts are doing that work as ICs and are only being paid on a production basis rather than the appropriate hourly wage determination rate. I do know if that IS the case, PRN is breaking the law. I don't care how small a company is if they're breaking the law.
To add insult to injury, taxpayer money is being paid to these noncompliant MTSOs to break the law, while the MTSOs steal the wages of their MTs to line their filthy, greedy pockets.
If you're working on any government transcription and you're not being paid at least what is legally required, your happiness about it mystifies me. It makes me think of a battered woman who says her husband is better than the abuser next door because her husband never hits her with a closed fist. Do you even know what the wage determination rate is for the work you're performing? Why not research the WDR and then see if you still think your pay is that great. By the way, I'm assuming you also have a separate hourly rate that is dedicated to a benefits fund, too, right?
I have some news for you - that mentality contributes to the problem of progressively decreased wages and putting other honest MTSOs out of business. Laws are only good if they're enforced, and they'll only be enforced if someone blows the whistle on the violator. If an MTSO keeps violating the law and getting away with it, what's to stop them from lowering its MTs' pay even further? What were MTSOs paying per line 15 or 20 years ago? Are you making more than that now? It also means that when the dishonest MTSO bids on a federal government contract, it is lowballing against all the honest MTSOs whose bids reflect their higher labor cost because THEY are paying their MTs the required higher wage.
As far as I know, Nuance and the other big MTSOs that are offshoring medical transcription are not violating any laws, though it would depend on the terms of their contracts with their respective clients. I agree that it should not be legal, but instead of trying to get new legislation passed, I would rather work on the enforcement of current laws, like the McNamara-O'Hara Service Contract Act of 1965.
If you feel it should not be legal to offshore, call your legislators. What is going to happen, though, when a no-offshoring law is passed and the big MTSOs keep offshoring? Who's going to call them out? The ones who are going to suffer are their US-based MTs and competing US MTSOs. If they think like you, though, they'll tell themselves how much worse it could be somewhere else and just keep their mouths shut. And so the vicious cycle of downtrending incomes and the failed businesses of law-abiding US MTSOs continues.
An MT who has knowledge of his own MTSO's illegal activity and remains silent is behaving in a foolish, masochistic, selfish, and irresponsible manner. It hurts all of us, and I despise that way of thinking.
To SM - me
[ In Reply To ..]I never said P.R.N. was breaking any laws - so don't put words in my mouth. I said that their pay is much better than other MTSOs and I can guarantee you that I make with my line rate a much better income than an hourly rate. You state laws are only good if they are enforced - maybe we need to start at the top with those in the Oval office, who ignore or break every rule they can find. Maybe if they followed the law, everything would fall in to place for the rest of the country.
I am the OP - sm
[ In Reply To ..]If your post is directed toward me, you'll need to reread my posts because you did not understand what I wrote.
I never said that you said PRN was breaking any laws, so I did not put words into your mouth.
Since it's doubtful that you know what any of the WDRs are, you cannot know that you're making a better income than if you were being paid an hourly WDR. The WDRs are not the same thing as minimum wage.
Who said anything about state laws? My post talked about federal law.
I don't know why the current administration was brought into this discussion. It is not relevant to any of the above comments.
In case you are not aware, "sm" means "see message."
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