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

Maybe things will change - soon

Posted: Sep 03, 2014

FedEx ICs

http://www.forbes.com/sites/eriksherman/2014/09/03/fedex-latest-company-slammed-over-independent-employees/?google_editors_picks=true

As soon as IC MTs...SM - Anon

[ In Reply To ..]
stop allowing themselves to be treated like employees, it will stop; but everyone, each of you, will have to stand up for yourself to make this go away. Report your employer if you think you are misclassified.

Not every IC for an MTSO is misclassified - so

[ In Reply To ..]
not sure you can blame the world on those of us who work as contractors.

But I do agree that if you feel you are misclassified, you need to step up.

BoguS... they stretch the bounds of IC - IMANMT2

[ In Reply To ..]
Most MTs are treated as employees (even if they don't recognize it).

Do you use an onine platform - big sign there.

Strict TAT? Now if you advertise a 4-hour or 6-hour or x-hour TAT that is different as a client they would say what they can work with. But to tell you when to have the work back and to not get more work until the last job is upoaded.... nah. Employee.

And to tell you what software to use right down to the wave player. Another sign things are definitely getting grey.

Wait for a paycheck or better yet your invoice is dictated how when where and sometimes line count through the online platform?

Would you compare your work routine to... let say.... hmmmm... a plumber or an electrician (as long as they aren't really employees working for a company) but truly the owner operator... Thhey come, they see the problem, they fix, they leave .... and basically on their own timetable, their own equipment, their own style. They need no direction from the client. Mechanics, restaurant owners, even the Avon lady are more independent.

IC in MT is a euphemism, it could be that no one really understands what one is anyway.

Let's say you did copywriting or B2B writing just you and your client, you hammer out the details in the first meeting then decide its a good fit so off you go.

I've saved the very best for last. When the ad posted says no MTSOs, please. So, they want a business but not a busines, something more like a person, like an employee. Someone you can direct, hold accountable for anything, pin down for an exact time you will be working on the project, control what they use when they do their work, etc. And determine what work they get down to a single dictator when I'll bet the "contract" never delineated who or what the MT would be typing. Just vague suggestion of a work type(s) and then the confidentialit and noncompete and HIIPPA biz assoc, maybe the rate of pay and pay dates.... all geared for the Prime Contractor not a mutual agreement .. more like someone asking someone else for a job. Key word in independent contractor is INDEPENDENT. MTs nowadays have no independence... they can't afford it.

No, IC MT is like being employed without the benefits of being an employee and now without the pay of being an IC.

There isn't one contractor out there hiring ICs that really treats the MT like an INDEPENDENT contractor. They are in control of everything down to the minutia.

IC MT is a joke.

On us.

wrong - icmt

[ In Reply To ..]
I'm guessing you're not an employment attorney.

There are IC positions and I've worked 1 for many, many years. Have met with an attorney and have spoken to the IRS and for 35 years no one has ever advised me to do anything differently. You have to BE a business. I am.

But be mad if it helps you get through the day. That's the important part. You getting through the day.

Talking to the IRS is silly that's just for tax - IMANMT2

[ In Reply To ..]
purposes. And MOST of the time - unless it involves breaking a tax law, they don't care. They are only concerned with SOMEONE paying the taxes on the money... if you can satisfy their requirements for classifying wages you pay as eligible for a 1099 then they are happy, they just get it from the "IC".

Their criteria is a little loose.

It would be the Hour and Wage Board or Department of Labor in your state that goes on to specifically define what they consider IC, employee, or statutory employee.

Now, when you introduce states' law and intepretation into the picture things really get fuzzy. Because some states are more progressive in protecting workers than others.

If you call the US Dept. of Labor on this issue, they refer you to your state agency, which sometimes is no help at all.

Thhe problem, basically, is an internal one.

Wage and Hour - is responsible for

[ In Reply To ..]
enforcing minimum wage and overtime standards. IRS not only is responsible for determining whether someone is an IC or an employee, it is their interpretation of their own IRS Code. However, IRS does not go out on their own and search for misclassification of employees as IC. They leave it to the IC to contact them if they believe they are an employee who has been misclassified as an IC. Same goes for statutory employee. That is all IRS. It's IRS who doesn't care whether you are paid minimum wage or overtime wage. That falls under the jurisdiction of Wage and Hour.

If you have any question about it, do a google search on employee versus independent contractor -- all leads to IRS.

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