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VA contracts - you should be paid a minimum hourly wage - nn

Posted: Sep 18, 2012

If you work for a transcription company on a VA hospital contract, you should be paid a minimum hourly wage as well as receive benefits per the Service Contract Act. You may be even be eligible for back pay if you have not been paid correctly. You can contact the Department of Labor and file a claim anonymously against your employer. http://www.dol.gov/compliance/topics/wages-fed-contracts.htm

Independent contractor - Trollbaby

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Does this apply to independent contractors who work for a transcription company on VA accounts? Thanks.

ICs - nn

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According to the DOL, any worker on a VA contract is supposed to be classified as an employee not an IC.

Thank You - Trollbaby

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Thank you for this information. I did not know this! I have been working for a transcription company on VA accounts for 3 years now and I get paid by the line and when there is no work, I still have to be there to wait for work with no pay for hours. I have a scheduled shift that I have to work. I feel like I have been totally screwed!

Are you an IC? - nm

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.

Clinics? - Trollbaby

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Does this apply to VA clinics also?

clinics - nn

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Yes.

Let's assume that with this new rule services are forced to classify MTs as employees. (sm) - devils advocate

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Assuming that as an IC for said service, you, the MT, were able to make up lines when there was no work. Now the service is forced to pay downtown or hourly pay for time when there is no work on your shift. Let's assume the service has a bunch of MTs covering a shift where there is little work. The service has the same amount of work coming in from the hospitals and is making the same amount of money. Before this new rule, the MT would work off shift and make up the lines or change shift to one where there is more work. Now the MTs have to work a set shift and will get paid some sort of compensation for when they run out of work during that shift. How long do suppose it's going to be before the smaller services are out of business because they are forced to work this way? (Again, I'm playing devil's advocate. I'm not a service owner. I can see both sides to this argument.)

So its all right to break the law? - anon

[ In Reply To ..]
Playing the devil's advocate to you, what you're saying it's all right for the smaller services to break the law so they can stay in business. Would it be all break for them to break into your home and steal your possessions? Steal your car?

This is not a new rule - sm

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This is the law as stated in the McNamara-O'Hara Service Contract Act of 1965.

They should be bidding the job so as to make a profit. - sm.

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These companies should be figuring out what their labor costs would be when figuring out their bids for these contracts, including having to pay MTs downtime. It should not be on the MT to take a cut in pay or have to work hours out of their schedule because the companies can't figure out labor costs and bid the job accordingly.

Well said! - old MT

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!!

IC working on VA contract - anon

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I have worked as an IC for a company that has ONLY VA accounts. I am told what hours I am supposed to work, and if I "remind" them that I am an IC and don't have a fixed schedule, they cut my work back to "punish" me financially. My question is, as an IC with this company, is there ANYTHING that I can do?

va contracts - nn

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The company that I work does only VA contracts. They were audited by the DOL and told that workers had to be classified as employees with benefits and paid an hourly wage. You should file a complaint with the DOL.

va contracts - sm

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After your company was audited by the DOL, were they required to give you back-pay?

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