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

Department of Labor audit - anonymous

Posted: May 07, 2015

I received an email recently from my company stating that they were undergoing a random DOL audit followed by a questionnaire in the mail from the DOL...which the company stated was voluntary and it was up to us to decide if we wanted to answer it. Just wondering if anyone has experienced this and knows what is going on and how this could affect our jobs? I am currently working as an independent contractor on a Veterans Affairs account and would like to keep my job...although they have assured us not to worry.

I would call DOL and ask if it is truly voluntary to answer - and if it is most importantly anonymous SM

[ In Reply To ..]
I would be extremely wary of answering anything if you haven't complained/contacted DOL first. I would call DOL and ask a lot of questions about this including why MTSO is being audited (not that you'll be told the reason), are all responses anonymous and get that promise in writing, does company see the responses at all or just get the final results, and what happens if you suddenly for any unknown or not given strange coincidental reason are terminated after that questionnaire goes out.

You're worried about your job, I'd definitely be asking questions.
Yes, I am paranoid and suspicious of any MTSO and any little thing they do with very good reason. I've been stabbed in the back several times and experienced first hand that "anonymous" questionnaires are NOT always anonymous.

Food for thought: If DOL is auditing any MTSO, I'd bet anything there's a definite reason behind it.

va account - sm

[ In Reply To ..]
If you're working on a VA account, you should be classified as an employee with an hourly wage and benefits. The company I work for was audited a couple of years ago and had to reclassify us and change how we're paid, etc. It may be worth the time and if your employer notified you of the audit, then they are okay with you participating in it.

pay/benefits - anonymous

[ In Reply To ..]
Thanks for the heads up on that. That's some interesting info. Can you tell me how long it was before the changes took place? days, months? And did they cut your pay to make up for the expense of the benefits?

pay/benefits - sm

[ In Reply To ..]
It took some time to get into the new routine. We had to start keeping track of our hours, but they continued to pay by the line and then adjusting to meet the hourly wage determination rate, if needed, and then later on switched to the hourly rate. The WDR varies per account. I'm thinking that it was just a few months before we started getting the holiday pay, vacation pay, and insurance. I don't remember exactly.

"Wage Determination" for the county in which you live - NC MT

[ In Reply To ..]
If you work on a VA account, you must be a US citizen, be an employee, and also must be paid the "wage determination" rate for the county in which you live. For most of the counties in NC, the wage determination is about $17-$18 an hour. The wage is determined based on what other MTs earn in the area, including hospital MTs. ICs and offshore employees are completely excluded from working on government contracts. This would include all VA hospitals and clinics, government hospitals and clinics, medical facilities on Indian reservations, and federal prisons. That's probably why the DOL is investigating this, as your employer is not meeting the contract they signed when they started this account.

WDR - sm

[ In Reply To ..]
I'm the one who posted about pay/benefits above. I live in NC as well, but when my employer was audited, the DOL instructed them to pay based on the WDR for where the account was located rather than where the transcriptionists were located because we were all over the country, and it would be easier that way.

DOL audit - Mm

[ In Reply To ..]
If you don't mind me asking where is your company located? Locality plays a role in hourly wage determination.

My company was audited a few years ago. - sm

[ In Reply To ..]
In the long run it was good for me, but it was a painful transition and I think some folks were laid off in the process. I did a phone interview rather than questionnaire, but I don't think you have to be too afraid of this. It did not really result in an increase in pay for me, but now I have benefits and paid time off and holiday pay.

back pay - anon

[ In Reply To ..]
Well I wonder if since I'm keeping track of hours (since I'm an IC) then wouldn't I get back pay?

back pay - sm

[ In Reply To ..]
Yes, you should receive back pay.

one more thing - anonymous

[ In Reply To ..]
I know of at least two other companies that pay as IC with no benefits for VA. Why is this being allowed and why is there no one to ensure the contract is being followed if this is all stated in their contract with the VA? The rate that is being paid as IC, that I've heard from other MTs as well, seems way below what people are saying it should be based on wage determination on this post, so MTs should be made aware if so many of us are being under paid with no benefits.

DOL audit - StillMT

[ In Reply To ..]
VA contracts are not internally monitored as closely as other hospital contracts.

How would anyone know if you do not report it?? - REPORT IT!

[ In Reply To ..]
Unless you report it, no one will know.

The VA does not know. The DOL does not know. How could they?

Quite a few transcription companies should be - audited - and would fail.

[ In Reply To ..]
Joint audit by IRS and DOL would be in order.

Any update on this? - nm

[ In Reply To ..]
nm

SCA - anon

[ In Reply To ..]
Nothing else from the company anyway but I've done a lot of further investigation and research and have found that per the Service Contract ACT "Every service employee performing any of the Government contract work under a service contract in excess of $2,500 must be paid not less than the monetary wages, and must be furnished fringe benefits, which the Secretary of Labor has determined to be prevailing in the locality for the classification in which the employee is working or the wage rates and fringe benefits (including any accrued or prospective wage rates and fringe benefits) contained in a predecessor contractor's collective bargaining agreement. The wage rates and fringe benefits required are specified in the SCA wage determination included in the contract."

I think the main goal now is to inform as many MTs as we can of their rights if they are currently working on a VA or government contract. These companies are taking our money and should be reported!

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