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IC schedules - new to this

Posted: Sep 08, 2010

I am new to independent contractor status, so I just have a few questions, so bear with me. I will be contracted with a company to do the work, who is contracted with the the business that needs the work done. I was told of the work schedule. I was told by a legal person that ICs set their own schedules; days/hours to work. So which is it? Can the transcription company that I would contract with tell me the hours I need to work or can I tell them which hours/days I can work? And how do holidays play into it? I wouldn't get time and a half for a holiday, would I?

IC status - Happy MT Robin

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the trade off for being an IC is that you do not get holiday pay or benefits of any sort. The good part is you get to set your own schedule.

It's sort of a gray area. The employer CANNOT tell you that you have to work from 3 pm to 11 pm every night. They can, however, phrase it as the work is available from 3 pm to 11 pm, but that is walking a very thin line.

Some of the criteria for being a contractor as opposed to an employee in any industry is does the employer specifically tell you how to do your job, does the employer supervise how you do your job, does the employer provide the tools/equipment you need to do the job. Again, it's a very gray area.

Most people will tell you that as an IC you do not abide by a schedule the MTSO sets. If the MTSO says you must work such and such a time, then they are treating you as an employee and must classify and pay you as such.

I work as an IC. They ask us to commit a month at a time to a schedule, not in terms of times that we are going to work, but how many lines we are going to commit to typing on any given day. It is completely up to me how many lines I tell them I am going to work and their only request at that point is that I keep that commitment so they know how to manage the work flow. I also do the lines at various times throughout the day depending on my other work schedules.

Have you signed anything with the company yet? Read very carefully the contract that they have you sign, and you should indeed be signing a contract. In a perfect world, that contract is one that would be provided by you with your terms, but I went with the contract my company provided as I didn't have any problems with the terms that it contained.

Bottom line is if they are telling you that you have to commit to a very specific schedule then you are not a contractor, you are an employee and they must classify and pay you as such.

All ICs I know sign a contract, which my experience says what - what hrs you will work. What about that?NM

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As long as YOU are the one designating those hours, - Happy MT Robin

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no one will have anything to say about that. The point is that the MTSO CANNOT dictate those hours to you if they want to classify you as an IC.

That's what I have to say about that. So does the IRS.

But many sign even if specific hours. So they have to follow - that schedule, since they signed? nm

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IC schedules - new to this

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Thanks everyone. The person I talked to did mention specific hours. I haven't received the contract yet to see if that is mentioned there. What if it is? What would I do if they tell me I have to work specific hours?

Honestly? I'd bring that point up and renegotiate - Happy MT Robin

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If they insist on a specific schedule, then I would insist that they classify me as an employee. Why work a set schedule if you're not at least going to have the hassle of paying your taxes taken care of?

That's just me, though.

Now my break's over and I have to go back to work. You may talk to your attorney friend as well and see what suggestions you get from that corner.

Good luck, whatever you decide to do.

2 choices. Either accept or dont accept. A decision only - you can make. nm

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me

If you agree to it as a contractor, then yes, you must abide by it. - Happy MT Robin

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It doesn't make the MTSO any less wrong in how they are classifying you, but if you agree to it, then you have to stick to your agreement, imo. Again, the regulations are not clear at all - it's the IRS, why would they want to make things clear - so it's a very thin line that is walked in terms of schedules, etc.

I know they do it, but they shouldn't - sm

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As an IC you should not have set hours to work. That is too much control by the employer for them to classify you as IC. ICs usually have to sign a contract committing to a certain amount of work each day, but the hours should not be set for you. Again, companies do it, and if the line rate is higher than you could get as an employee it might be worth it for you. For me personally, if I'm going to have someone set my hours I'm sure as heck going to get my payroll taxes taken out!

Payroll taxes taken out of IC and employee pay. - nm

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8

Every MTSO is different of course but as an IC - sm - ICMT

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you work the days you want and the hours you want. HOWEVER, they can say, hey we need you to get your work done in a 12 hour window on T-Sat....if you agree then you agree, if not then doubtful they will be hiring you. There are jobs out there where you work whenever you want hour wise as long as you get work done in TAT (I have one of those). I work pretty much 7 days a week though as my doctors (Assigned in my case) dictate generally M-F but sometimes one will sneak in some work on Saturday or Sunday, and of course all work dictated on Friday has to be in by 8am on Monday morning. So you cannot pull, hey I don't feel like working today, that morning, like any job they want, need, and would like notice as they require reliability, they'd be sunk without it. You can tell them I will only work M-F from 8-5, no weekends, if they agree, great. As for holiday, no you don't get paid any different, certainly not time and a half which is for employees, not IC. You might get some sort of incentive pay possibly, again depends on the MTSO, but I would not hold my breath on any extra pay.

IC schedules - new to this

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Thanks for the input everyone. Very much appreciated!

New to This, my first question is whether I'm really an IC. - Pragmatist

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Some ICs are really employees, but a real IC is a freestanding business with all the responsibilities that entails. For genuine ICs, among other things there are a whole lot of new issues, or newly important ones, being generated as a result of HIPAA and subsequent regulations. Have you taken a HIPAA class yet, or learned what you need on your own?

Your contractor should be able to provide very specific answers to all IC questions since most IC MTs are amateurs and need guidance to be compliant with all regulations. Your contractor may want to not spend a lot of time on this--or may not be doing good risk management in the first place, which could lead to serious problems. Their mistakes, for instance, landing on your head. Legal fees required simply to excuse one from a lawsuit or defend innocence against charges could put many of us in debt for potentially the rest of our lives.

Issues include such things as does my equipment meet legal standards, including encription, etc. Even if it's provided by a contractor, their negligence on this part would not excuse an IC, who has his own responsibility under the law.

First off, though, I would want to know simply if I was named as an Additional Insured on my contractor's liability coverages and what is covered and not covered. Or whether I needed to obtain my own. Used to be most ICs were, but this may have changed and is important to know. I liked being an AI when that was possible so one set of attorneys defends both parties whose interests are typically the same.

It's been years since I was an IC, and never as an MT, so I just don't know many of the things I would need to go into business for myself, and your question also suggests that's where you are. Homework is definitely in order. Unless your contractor is very impressive about educating you, I wouldn't rely on them for anything.

Not meaning to be scary, because good housekeeping here as at home will keep the roof from falling in (almost always--falling airplanes not covered on insurance policies or protected from by good roof maintenance), but that housekeeping does need to be done. And one thing that hasn't and never will change: Document EVERYTHING!

Enjoy your job... :)

MD does final sign-off on document. Any mistakes - him, not MT. nm

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x

Sorry, NM, but totally and dangerously incorrect. - Pragmatist

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We are all responsible for our own product. A physician's negligence does not excuse our own. Our negligence does not excuse the physician's. For instance, it's well accepted that we are to check for the correct patient name. If a physician enters a wrong name and we fail to catch it, both parties are negligent under various laws and both responsible. States do vary in how they handle contributory negligence, the fed has its own standard, and a mistake like mistaken ID falls under both state and federal law.

IC work - Lordis

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I'm an IC and I work whenever I want. Normally days but if I'm tired I work at night and have done this for about 10 years and have never received any type of holiday pay, sick pay etc.

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