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Nonpayment by an MTSO - Matilda


Posted: Jan 03, 2010

How does one go about collecting money from a small MTSO who still owes me $1,049 for transcription I had done for them?  I quit working for them in May 2009 when I hadn't received payment.  I sent them several e-mails and they did pay me some of the money owed me.  Originally they owed me $2,049; paid me with one check for $500, then two more checks for $200 each, which were sent to me every few months in between.  They kept telling me they would pay me off the complete amount but never did.  I think I have waited long enough and would like to try to collect that money but don't know where to go for help.  Anyone have any info on how to do this?  Thanks for any help.

 

Easiest thing is to file a complaint with the U.S. Department of Labor - I got my check in 3 days

[ In Reply To ..]

     The easiest thing is to file a complaint with the U.S. Department of Labor, Wage and Hour Division, under the Fair Labor Standards Act (FLSA)


 


     Once the employer is notified by the Department of Labor that a complaint has been filed, the employer MUST respond within, I think it is 2 weeks, to either pay the employee or provide documentation that the wages are not due the employee.  If they do not pay you, you can sue them for not only the amount they owe you, but for actually 2 times the amount they owe you for what the DOL calls “liquidated damages.” 


     I had to report my employer once, and I had a check Fed Ex’d within 3 days of filing my Complaint.  Once the U.S. Government gets involved, employers find the money FAST!!!


 


“Filing a complaint - DOL's Wage and Hour Division manages complaints regarding violations of the various laws and regulations it administers. To file a complaint concerning one of these laws, contact your nearest Wage and Hour Division office or call the Department's Toll-Free Wage and Hour Help Line at 1-866-4-US-WAGE.”


   Here is the web site for more information, in case you need for clarification.  


           http://www.dol.gov/dol/topic/wages/backpay.htm


This might bring a smile to your face:


 “Employers jailed for failing to comply with court order to pay back wages to Southland cleaning service workers.”


 


The court sided with the U.S. Department of Labor in finding that the company had wrongly classified its home and carpet cleaners as independent contractors and failed to pay them the federally required minimum wage or overtime for hours worked over 40 per week.


 The full article: 


      http://www.dol.gov/opa/media/press/esa/esa20091092.htm


 Hope this helps. 


Wink


 


 


 


 


 

excellent information. Not original poster, but greatful. - thank you (no message)

[ In Reply To ..]
.

Reply - Matilda

[ In Reply To ..]
Thanks for your post but I had already read everything I could find online regarding this subject and have not yet found anything that covers an independent contractor, which is exactly what I was other than actually taking them to court in their state. If anyone else has any info regarding this subject, please share. There are just too many of these MTSOs that get away with not paying. Thanks for your time.

By the way, i don't mind sharing the name of the company: Atypical Transcription owned by Cynde Burchell located in Arizona.

Atypical Cynde Burchell - **** MT

[ In Reply To ..]
I subcontracted for this "company" for over 9 years. She still owes me over $1200...Sad..I am an IC...and my only recourse is to sue her. STAY AWAY FROM THIS CROOK.

NOT IF IC POSITION - ALICE

[ In Reply To ..]
The Labor Board will not help you if this was an IC position. I don't have anything else to share but this, no tips on how to collect from an MTSO if you are an independent contractor, except possibly lawsuit in civil court (likely in the state/county where their business is located).

The Labor Board only enforced minimum wage and hour laws with regards to employer/employee situations.

One other thing--once your case is settled and hopefuly it will be, please post the name of the MTSO so that the rest of us can be sure to stay away from them.

Sometimes it helps to let a company know that you will be warning others of your experience with them, and that the details of the true outcome will be published. No company wants bad publicity.



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