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

Company requiring set hours for IC - wondering

Posted: Nov 05, 2014

I thought ICs could not be required to work specific shifts and hours, but one company is dogmatic that they WILL do as they say or hit the road.

The hiring person says that you contract to work specific times, which SHE specifies, not your choice.

Doesn't that make you an employee? Or am I reading the BOLI laws wrong?

You are correct. They need to be reported. - They can demand

[ In Reply To ..]
specific hours and, unfortunately, MTs who are desperate for jobs will take them, but that doesn't mean the MTSO is legally in their rights. They can't just call a position an IC and it is. The IRS has VERY detailed descriptions for employees vs ICs, including whether the IC is being told when and how to work. They can be reported, investigated, and fined.

http://www.twc.state.tx.us/news/efte/appx_d_irs_ic_test.html

How is the company you work for supposed to - know when

[ In Reply To ..]
someone is working if you don't tell them what hours you are going to work. Heck I'd love to just sign off whenever I want, come back on whenever I want. The truth is the company I work for has clients and needs to know when MTs are working so they can know whether or not they need to bring more MTs in. What if all MTs took off at the same time, then my company would be sitting there wondering, okay, well the client needs these jobs in 2 hours and nobody is working, what I am going to do.

At least that is my take on it.

If that's your take on it - sm

[ In Reply To ..]
Then it might be a good time to review the IRS code regarding IC versus employee status.

Then the company should - MTPerson

[ In Reply To ..]
hire employees and not ICs.

I think you could be new to the - industry.

[ In Reply To ..]
I don't think you know how it works. It sounds like you someone told you it's impossible and you believed it. If it was, then why would it exist? ICs usually submit a time frame and/or amount of lines they would like to work. I work now as an IC and when I was hired, I was asked what days I would like to work and how many lines I would need. I work weekday 'afternoons' with and my daily hours vary. Before this, I had worked as an employee for 20 years where we just needed to do a minimum amount of lines per pay period. So, obviously it has (and still does) work. That was until offshore MTSOs got into this business and didn't 'get' how doctors dictate. Dictation is not the same amount on any given day (or hour), yet they want the same exact number of MTs sitting there the exact same number of hours daily. It doesn't make sense for the MT, but works for the MTSO. Why do you think there are so many complaints of low work one day and then mandatory OT the next? Ironically, many MTs have to work off their shift anyway just to get their hours in, so end up not working their schedule.

To reiterate, if IC schedules didn't work, there wouldn't be successful companies with this business plan. I work for one, and we regularly receive praise for keeping our clients happy and the work within TAT. The reasons these are rare is because it's much easier (and lazier) for an MTSO to hire employees for shifts and then make their MTs work 24/7 to cover the work flow. As a result, it's bad enough MTs think that's normal, but now you have MTSOs doing the same exact thing, but calling the employee an IC to avoid the benefits. Anybody who defends that......

You are reading it correctly - Gram Horsey

[ In Reply To ..]
Check out the IRS website on ICs and you will see you are not wrong. You are considered self-employed and contract the work to suit you within reason. Although, if the company does not like it they will simply not need your services any longer. They still have the advantage.

True indeed - BUT

[ In Reply To ..]
They do have the upper hand, but do you want to work for a controlling, basically narcissistic person? If they want me to work set days and hours, then pay me as an employee and then have the option for total control.

Yes, work does need to get back to clients, but IC is FLEXIBLE. Not boxed in.

There are LOTS of bad fish out there in the transcription field, and the good ones are getting fewer and fewer and harder to find :-(

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