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

If you work on VA or other federal government med transcription - sm

Posted: Jun 27, 2014

For anyone who currently works for an MTSO that handles VA or other federal government work, you must have employee status and be paid at least the hourly wage determination rate. The wage determination rate is NOT the same as minimum wage. It is, in most cases, significantly higher, and each county in every state has their own WDR. 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.

probably should work a VA accoun direct instead of - going through an MTSO, huh?

[ In Reply To ..]
because I bet the va account is paying the way you say to the MTSO, we just don't see it working under the MTSO rules and it comes to us in cpl. Not saying it's right but that might just be legal. We don't work FOR the VA, we work FOR the MTSO, and we agreed to it up front. Worth a try reporting them tho, to at least find out what's up with that either way. You can call the labor board with questions, too.

However, I would never work a VA account through an MTSO.

You are not going to work FOR a VA - unless you ARE an MTSO

[ In Reply To ..]
You are not going to do contract transcription work for a VA unless you are an MTSO. They do not contract with individuals. They have national account agreements with a small number of MTSOs, typically small business, veteran and/or minority owned. Individual facilities have to use them, not goout on their own.

The OP was correct. The VA requires exactly that for any type of contractor. They can pay by the line, but you must be an employee and your income must at least meet that minimum. If an employer is not following those rules, it should be reported.

The VA can't know what you experience unless you tell them. You have to report your MTSO. You won't be the first.

well, ours in my state still have inhouse transcription departments. - but whatever. s/m

[ In Reply To ..]
As do the military bases in this state, one of which I type for.

The discussion was about contracting, - not employee.

[ In Reply To ..]
The discussion was about contracting directly with the facility, not about working as an employee. That is why it said "contract."

Employee status is entirely different. No VA employees in those job categories are paid on a line rate. It is always hourly.

Yes, some VA hospital facilities still have in-house, employee MTs. However, very few do. You may be confusing other jobs with that.

I also wonder which VA hospitals these are, because the VA is not a "state" organization and is not organized by states, making it odd that you would think that the facilities in your state had this in common. With few exceptions, they are not associated with military hospitals, either.

I shall simply cease to breathe. work for you? - NM

[ In Reply To ..]
this tit-4-tat is done.

but it's allowed to think in terms of BIGGER PICTURE, right: - anon NM

[ In Reply To ..]
~~~~~

No one was talking about EMPLOYEE work. Umm, IC's can work independent - of an MTSO and do the same job. NM

[ In Reply To ..]
sheesh.

Discussion was about the VA - sm

[ In Reply To ..]
Perhaps you should read and follow the thread.

Yes, ICs can work independent of an MTSO, but individuals are not going to meet the bidding and contracting requirements of the VA.

In other words, you are never going to get an IC job working for the VA.

oh for crying out loud, YES VA, - OMGwaa NM

[ In Reply To ..]
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

It is not legal - That is the point

[ In Reply To ..]
If you work for an MTSO and perform services for a contract with the federal government/VA, you must have employee status, and you must be paid the hourly wage determination rate. It does not matter if you signed a contract with your MTSO to be an IC and get paid by the line. A contract that contains terms that would violate a law is not valid.

MTSOs who have VA contracts and have been audited by the Department of Labor and found to be in violation of the McNamara-O'Hara Service Contract Act of 1965 have been forced to pay their MTs an hourly wage and an additional separate hourly rate that goes into a benefits fund. These MTSOs had contracts with their MTs that stipulated they did NOT have employee status and would be paid per the line. Those contracts are null and void because the terms violated the law. Those MTs are now employees and are being paid the WDRs for counties in which their respective accounts are located.

Enforcement of the law is a wonderful thing.

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