A question about linens - Whose "job"?

[Lisa N]

I am a newly licensed LMT who recently began working in a chiropractic office as an "associate" (i.e., employee) as opposed to being an Independent Contractor (IC)...and I'm running into some - how shall I put this delicately? - issues with my employers. Truthfully, it's getting to the point where it seems like a new issue comes up every other day. I'm going to address these one at a time, so as not to end up with a novel of a post and will try my best to keep them brief and stick to the ones that are causing me the most concern... I would be so appreciative of any feedback/advice anyone has to offer! My "Linens" Issue: When I began working in this office, the (two) doctors had not yet given me a definite answer as to how linens would be taken care of. It's my impression that, as an employee, it should not be my duty to wash the linens (which needs to be done on a bi-weekly basis) but that the doctors, as my employers, should take care of this - in other words, it's part of their "overhead." If I had signed on as an IC, then I can see how this would be one of my "expected" duties. Not only have the doctors since told me that it IS my duty to wash the linens, I will not be reimbursed for the associated time or cost. I don't mean to sound like this duty is "above" me - quite the contrary, I am really more than happy to take care of the linens. However, at the very least, I think I should be reimbursed for the cost of washing them. The doctors have since asked another chiropractor they know (in CA) how he takes care of his linens, and he replied that this is a duty shared among his therapists. They are not reimbursed, either. When they told me this, I then asked that since I am currently the only LMT at their practice, would they at least be willing to share this duty with me until another therapist is hired with whom I could share the duty. (At this point, I wasn't even arguing for reimbursement, simply a little "help.") The next day, I was told that no, they will not share the duty with me, nor will they reimburse me for the time or expense. (I will say that I am getting paid $20 per hour for the massages I do - currently approx 6 hours a week and most of which is "medical massage" done in half-hour increments - which the doctors have stated should more than compensate me for the cost of doing the linens.) Am I simply naive in thinking this is something they should at least be helping me with, if not reimbursing me for?

 

[Skalite]

A question about linens - Whose "job&quot

What!?! ???  You are absolutely not naive. I'd love to advise you to tell them where to go....but that's not professional, won't allow you to practice massage and is certainly not going to pay your bills. Instead I would gather information from other establishments (the chiropractor I worked for had a linen service which HE paid for) and get prepared to negotiate. Not only about this issue but any others that are arising. Ask for a job description that states explicitly what your duties as an employee are and how much you will be compensated for each (the compensation may be different for your massage duties versus other "office" duties.) Then make sure you are comfortable with what has been stated and make sure both of you sign the agreement. One more note. I don't believe it is legal for employers to make non-salaried employees complete jobs that they are not paying them for. (If I'm wrong...feel free to correct me.)Take care and stand up for yourself.

 

[RyanMAN]

A question about linens - Whose "job&quot

In my opinion since you are considered an employee the DC should either pay for a linen service or reimburse you for the coast of doing it yourself.If you were an IC then I know that you would agree that it would be your responsibility.  Because then you would not only be able to write off the money spent on it as a tax deduction but the time would count as “business timeâ€‌ i.e. the time you spent working on your business. Are you sure they are looking at you like an employee and not an IC?

 

[Pompal 09.]

A question about linens - Whose "job&quot

To put it bluntly, I think they need to take a chill pill and get a grip on reality! They are not doing you a favor hiring you to do medical massage at $20 per hour! I know that might be the going rate, but if I were you, I'd locate the exit door and get out of there post haste IF NOT SOONER.

 

[lucy v]

A question about linens - Whose "job&quot

I agree with Gaspen.  $20 per hour for medical massage is low.  When I was an employee for a spa we (therapists, nail techs, receptionis) all did the laundry and were paid our hourly rate for it.  At the spa I was paid $15 hour whether I was doing massage, laundry, or doing office work. IMO, You should, at the very least, be paid for the time and the supplies of doing the laundry.

 

[HOT 1]

A question about linens - Whose "job&quot

HandsOnHealth: Yes, I am an "employee," not an IC.  Although I'm beginning to wish they HAD hired me as an IC!    They talked with several other DCs they know before they hired me and ultimately decided it would work out better if they hired me as an employee.Good point, too, vorehealer, that I had not thought of, re: the legality of making hourly-paid employees work without compensation.  I'm wondering if there's a gov't website that might help me figure that out...I'll check into it.One more note re: another of vorehealer's comments: "how much you will be compensated for each (the compensation may be different for your massage duties versus other "office" duties.)"  As a matter of fact, I am not receiving ANY compensation for time spent in the office when I am not doing massage.  I simply get paid for the massages I do.  The time I spend SOAP charting, changing sheets, and doing other related responsibilities, is not being compensated.  When I started working here, I was putting this "extra" time down on a separate time sheet - 15 minutes here, a half-hour there, basically any time I spent doing "office stuff" that wasn't spent actually doing a massage - assuming (yes, I know what happens when you assume...my mistake!) that I would be compensated at the "office staff" rate ($9 per hour).  Just before receiving my most recent paycheck, one of the doctors called me aside and said I shouldn't be doing this...that any time spent not actually DOING a massage would not be compensated.(I wasn't joking when I said I was running into a LOT of issues with these docs!)The unfortuate thing for me is that this is their first foray into hiring an LMT, so they seem to just be making decisions as they go.  Things I "thought" were set in stone when I started (like getting reimbursed for the sheets) all seem to be changing...Plus, all of the advice they've been getting from other DCs (including the advice from one NOT to compensate me for doing the linens because he doesn't compensate his therapists...) seems to be coloring their decisions...and to my detriment, in most cases!Again, I really, REALLY don't want to sound like a whiny prima donna here.  I consider myself a fairly reasonable person who, yes, is willing to accept slightly lower pay for the chance to work in a great environment...and when I started, I DID think it would be a great place to work!  I've been talking with these two DCs ever since I began massage school, and NEVER in any of our several previous meetings before they hired me did I have ANY indication things would get like this... More than anything, it just breaks my heart because I wanted to work here so badly...but now it's looking like my best bet might be to look elsewhere...

 

[mrsCULLEN]

A question about linens - Whose "job"

Oh wow آ  Besides the fact that they should be taking care of the linens...they are not paying you for your work!!!!  I would run, not walk, out the door. I'm sorry, I know this must be stressful for you.

 

[Jenken]

A question about linens - Whose "job&quot

I know you are disappointed about how this is turning out.  Unfortunately, when you agreed to be their employee you removed yourself from the decision making process.  They have the right to make unilateral decisions regarding their employees that are in their best interests.If you don't like the way things are playing out in the office then probably the most important step to take is to gather the DC's together for a meeting.  Present yourself professionally and tell them that you have given it long and hard thought and have reconsidered their offer of employment -- you are not interested in being an employee.  Then make them an offer as an IC.Before you do this it is important for you to have a very well thought out agreement to present which details the IC arrangement you are willing to accept.  In all negotiations it is wise to start with what you want and be willing to negotiate certain points.  It is imperative to know what you are not willing to accept as well as be willing to walk away from them should they not be willing to negotiate.One of the ways you could present this to them would be to acknowledge you are excited to work with them and you can foresee a great future working together.  However, you find the current working situation untenable as it does not provide adequate compensation for the work you are doing.  Just as they are trained professionals, so are you.An absolute no-no in this would be to admit you are broken hearted about how it is working out.  This is a business deal and it is vital that you present it evenly and with emotional detachment.  Otherwise they will know they have you from the get go.I would also suggest that before you do any of the above it would be a good idea to locate other places for you to work.  That way, should they be unwilling to reconsider or negotiate you will have other places to go.

 

[Crystal?of?Iris]

A question about linens - Whose "job"

CBezusco,  Stop whining. We know you're getting rich from that $480/mth you're getting paid.   CBezusco previously posted:"(I will say that I am getting paid $20 per hour for the massages I do - currently approx 6 hours a week and most of which is "medical massage" done in half-hour increments - which the doctors have stated should more than compensate me for the cost of doing the linens.)"

 

[Lila]

A question about linens - Whose "job&quot

My advice...instead of fighting this with obvious common sense, fight it with law.  See if an employment attorney in your area would be willing to speak with you for a few moments for free.  This might not be easy.  But, you DO have rights as their employee!  They should be reimbursing you for the cost to clean the linens, AND be paying your hourly wage for the time it takes you to wash them, no matter the time of day.Talk to an attorney about your rights, and show your employers proof of the law.  Also, you might want to document all of your interactions with them, just in case you're wrongly discharged.  I wouldn't fool around with these shady people.

 

[Lotamel]

A question about linens - Whose "job&quot

I dont know where your located, but I live in a small town (1900 ppl) in michigan.  And here I charge $25.00 for a half an hour of medical massage, and that is all I do.

 

[Peyton]

A question about linens - Whose "job&quot

CB,Wow! I find it hard to believe that they can justify this to themselves!  I am almost positive what they are doing is illegal. Definitely check with a lawyer or workforce services maybe. They should be able to tell you what is legal and what is not. I was always told(as a manager) that anything MANDATORY, like meetings etc., must be compensated. Also, I would guess there is some minimum wage issues here too. I can't even comment on them requiring you to PAY to do THEIR laundry ???

 

[Moose]

A question about linens - Whose "job&quot

A lot of REALLY great suggestions on here... Thanks to all!!  This has been causing me quite a bit of stress - as I said before, I hoped I wasn't being naive in thinking they should be helping and/or reimbursing me for doing the linens.Breathe: Another member had suggested I check out the wage laws, so I did that a little earlier tonight.  I went to the U.S. Dept of Labor website:http://www.dol.gov/elaws/and then found this info on the FLSA (Fair Labor Standards Act):http://www.dol.gov/elaws/esa/flsa/hoursworked/screen1d.aspwhich defines what constitutes "hours worked" and how "covered" employees need to be paid AT LEAST the minimum wage for any and all hours worked.I thought I had struck pay dirt with this info (like jellybeanbutterfly said, fight it with the law if common sense doesn't work!).  But as it turns out, I might not be considered a "covered" employee.  According the DOL website (and it's a bit vague), it looks like working for the DCs practice - because it's a "clinic" and not a "hospital" - might exempt them (and, thus, me) from this law.  But when I went a different route on the DOL website and answered a series of questions as if I were the "employer" as opposed to "employee" (ques like number of employees at offc, if employees are represented by a union, etc, etc.), the final analysis was that their practice "may" have to comply with this law.Bottom line: I want to make sure I go back to them with all of my ducks in a row.  I am a professional and certainly don't want to act like anything less.  I'm going to call the DOL's toll-free # tomorrow (1-866-4-USA-DOL) and see if I can talk with someone who can answer, once and for all, the question of whether or not I'm covered under the FLSA.One section of the FLSA discussion on the DOL site seems to suggest that if a co. makes more than $500K a year ("in annual receipts"), they are subject to the FLSA.  The practice BILLS insurance enough to come out HIGHER than this number...but COLLECTIONS put them BELOW the $500K mark.   :-/  It's just all rather confusing.  If I get any answers tomorrow, I'll be sure to post.  

 

[Balaji]

A question about linens - Whose "job&quot

Breathe:You mentioned that if the clinic makes more than $150K/year, they ARE subject to the fed wage laws.  Can you tell me where you got this info?  As you can see from my previous post, under the FLSA it looks like a company has to make $500K or more to be subject to the FLSA.  But maybe there's a different labor law I'm missing??  If it really is only $150K, then that certainly works in my favor!   Thanks again for your feedback!!

 

[lunajanett]

A question about linens - Whose "job&quot

CBezuskoLMT, do you belong to a professional organization? I believe that one of the perks of being a Professional member in the AMTA is that they have a program whereby MTs can have a free (1/2 hr?) consult with an attorney. It used to be part of a service they offered anyway.And it might not be available in every town... just check it out and see if they Do have that offer, you might get your questions answered regarding whether it's best for you to be an employee or Independent contractor with these 2 chirpractors.

 

[roses.yummy]

A question about linens - Whose "job&quot

Aren't there chiropractic assistants in your office? Who does the hot/pack-cold/pack work before or after adjustment?Or the ultrasound? (Which was out of our scope of practice when I worked for chiros in Ohio.)The assistants did the laundry in our office. They use a lot more towels, so it was regularly done. If you are an employee there should be no issue with their doing your sheets as well. Its all serving the same employer. No offense meant to chiropractic assistants out there, but sometimes you face a little power play with them. Usually that is because its normally OJT kind of work, and they: (1)were hired for their attractiveness, and are dating the doctors or (2) are disgruntled workers who wish they had your job/and or payDon't accept duties being shoved on to you without recompense for any reason. If you lose that battle, you might as well smile, say nothing, and look really hard for somewhere else to work...because you aren't ever going to enjoy working there. I don't get your not being paid on your down time.  That actually generates a loss of income for you with re-scheduling and no shows. You are still on board. Unless you have signed a non-compete (God Forbid)...that is time stolen from you to schedule somewhere else. A lower rate is supposed to average out to cover your down time.  If you want to negotiate helping with laundry on your down time, that should still be at your normal rate of pay...or overtime, if it goes past your full time working hours.   Its their problem if they are asking you to use your educated hands for lesser services. Those educated hands are still on board.That should never be scheduled as your duty, however. Else you may have CA's banging on the door reminding you to catch up with towels while you are in the middle of a massage!  

 

[Pompal 09.]

A question about linens - Whose "job&quot

gutehands:We do have CAs - one in particular who does a lot of the therapy (hot/cold packs, ultrasound, muscle stem, etc.).  But actually, I don't believe the CAs do any laundry. I could be mistaken, but I've never heard it come up.  As far as I can tell, the only laundry generated at the practice comes from the linens I use when I do massage...hence, why I think they expect this should be MY duty.Good point, too, aralia - If my hours are averaging out to the point where the DCs are at least paying me minimum wage, I might not have much of an argument there...even though it seems, from a purely ethical standpoint, they should be specifically compensating me for all hours worked and should not be requiring me NOT to write those hours down simply because they are not spent performing an actual massage.I still plan to call the DOL today and see if they can give me any further help.maestra:I am an Associate Member of the AMTA, but I'll check to see about the free attorney consult.  I do plan to move up to Professional Member status when my renewal time rolls around, but I'm not sure if the consult is offered only to Professional Members.  Thanks for the tip - I'll check it out.I'm just so bummed that it's come to THIS!!  Consulting the DOL's labor laws...attorneys...Never did I think I'd be in a position like this!But, you live and you learn.  If nothing else, I'll chalk this up as a very painful but important lesson learned!  Just goes to show how important it is to get EVERYTHING in writing!! (Then again, I think I read a post on another board that said even a written contract is only as good as one's word...How sad!!)

 

[cheer583]

A question about linens - Whose "job&quot

Something else I've just thought of:I've been keeping track (in my day planner) of the loads/time spent doing the linens.  Do you think I would, at the very least, be able to deduct the expenses off my taxes at the end of the year??  Another LMT I spoke with, who's an IC, said her CPA gave her a formula she could use to determine how much she could deduct at the end of the year for doing her linens -  something like a certain $$ amount per client.  She said she would check on the actual $$ figure and get back to me.BUT, she's an IC.  Because I'm an EMPLOYEE, does this preclude me from being able to make this deduction?  My best bet would probably be to check with a CPA on this.  In the meantime, does anyone have any thoughts about this??

 

[Ken]

A question about linens - Whose "job"

All wonderful support and help here, esp. Intuitouch. By all means show only professionalism when meeting with the powers that be and by all means, know which direction you want to work in and secure something in case it turns out you must leave. I'll hold you in my prayers.

 

[barhopper]

A question about linens - Whose "job&quot

The DOL will most likely look at the total number of hours worked and the amount paid to determine whether you were paid minimum wage.  So, let's say they said they were going to require you to be at the office 40 hours per week and were only paying you $100...obviously, that would not work out to minimum wage.  But.......these people have said they are paying you $20/hour.  I do not think they can REQUIRE you to be on the premises and not be compensated.  So, they should pay you SOMETHING for the hours you are not doing massage.  Because, let's say for instance, they required you to be there 10 hours per week and one particular week they just happened not to book any massages......your pay would definitely not equal minimum wage.  Good luck deciphering the whole thing without and attorney.  IF you get to talk to people at the DOL, good luck with getting accurate information.  Hopefully, you will get something and can go back to the DC's and tell them "The DOL says that you have to pay me for the time I am here working, whether I'm doing massage or not." But, do you really want to work for someone you have to strongarm into giving you what you deserve?Since this is their first experience with working with an MT, you can certainly understand that they will be making mistakes, just as you as a new MT are making mistakes.  First thing I hope you learned is.........GET IT IN WRITING!!!!  There are things I'm sure you didn't even anticipate coming up and this whole experience will be an invaluable lesson for the next time around.The DC's are consulting with their colleagues in order to come up with some sort of an agreement. Very likely they have come up with a number of different scenarios and have adopted the ideas that have appealed to them, or are most cost effective or perhaps are the ideas of the colleague they most trust.   How about you turn the tables and tell them that you have consulted with a number of YOUR colleagues and that this is NOT the way things are done.  Seems they want the best of both worlds.  They want to pay you low as an employee, yet they want you to do your own laundry as if you were an IC, not to mention the other issues you have brought up.  You should definitely approach them about all these daily changes and suggest that things be put in writing so there are no more misunderstandings.