resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Insuring Quality Control in Herb Importation: An Interview with Wilson Lau
Wilson Lau is the vice president of Nuherbs, a Chinese herb importation company based in San Leandro, California. Before joining Nuherbs, he trained as a lawyer specializing in FDA law.
Sit or Stand? Analyzing a Mixed Message
I'm more than a bit confused. At my age, that seems to be a rather common occurrence. However, today more than ever, I'm getting a mixed message.
An MD Who Understands the Opioid Epidemic
Doctors of chiropractic have an important role to play in ending the opioid epidemic and dealing with chronic pain by conservative means (see our top story in this issue) – but who's to blame for opioid dependence and abuse in the first place?
Acupuncture Muscle Trigger Point and Oriental Medicine Sports Therapy
It is difficult to ascertain the internal condition of professional basketball player Lebron James during game one of the 2014 NBA finals, in which he developed debilitating muscle cramps that led to his premature removal from the game.
Believe it or not, an estimated one-third of your patients have eaten some form of fast food within 24 hours of their appointment with you.
An Emerging Partnership Model
Maryland University of Integrative Health (MUIH) has educated integrative health and wellness practitioners for the last 40 years, originally as an acupuncture clinic and school. The institution's transformative, relationship-centered programs integrate traditional wisdom with contemporary science
The Pertinent Negative
We all have to perform evaluations on patients. Most of us don't like doing it – exams take time, and worse it takes even more time after the evaluation to put together a narrative summary of the findings. Sometimes, this process becomes downright tedious.
Introducing the Acupuncture Today Digital Edition
In response to the changing habits of our readers, Acupuncture Today will introduce a digital edition of the publication (in addition to our print edition) beginning with the August 2016 issue.
Increasing the Value of Spine Care: CMS Approves New Low Back Pain Registry
The Centers for Medicare and Medicaid Services has approved the Spine IQ Low Back Pain Registry as a qualified clinical data registry for the Physician Quality Reporting System (PQRS) in 2016.
AOM Hospital-Based Practice: A Future Reality?
The natural evolution of health care on the planet is integrative health. We may have some challenges ahead, but based on my research, all indicators are pointing in a positive direction. There seems to be an evolving consciousness among our patient population that is "getting it."
Acupuncture's Impact on the World
For several years, I have been hearing about the town of Rothenburg, Germany. It seemed just a dot on a map until I arrived. It is the home of the TCM Kongress which began in 1968. It has been held annually for 47 years and it has only missed one year.
What's New in Phytonutrition: Mangifera Indica, "The King of Fruits"
One hundred percent pure Indian green mango fruit (mangifera indica), harvested at a special degree of ripeness for efficacy and taste, can now be concentrated as a phytonutrient nutraceutical powder.
Beating the Odds: Interview With Para-Powerlifter Adeline Dumapong-Ancheta
Since October 2015, the FICS Foundation, the charitable organization affiliated with the International Federation of Sports Chiropractic (FICS), has been supporting disabled athletes internationally.
Adventures with the San Jiao
Those of us who have been in practice for several decades relish the way meridians and points reveal new diagnostic clues and new insights. I love to encourage my students to see this as an adventure that goes way beyond the textbooks.
A Long-Overdue Win for Oregon Medicaid Patients - and the Implications for Other States
Beginning July 1, 2016, Oregon Medicaid patients with spinal pain (cervical, thoracic, lumbar, pelvic) who are determined to be low risk based on a biopsychosocial assessment tool (STarT Back – Keele University) can receive four chiropractic visits per episode.
What You Say Isn't Always What Patients Hear
A few years ago, my aunt Edna (name changed for the purpose of this story) suffered a stroke. After a short hospital stay, she was transferred to a nursing home for rehabilitation. When she arrived at the nursing home, Edna requested a private room.
How to Stay Sane During the Elections: Understanding Through the Lens of Chinese Medicine
In Chinese Medicine philosophy, everything consists of Yin and Yang. The law of polar opposites – one cannot exist without its opposite.
Kansas Achieves Licensing Law
Kansas Governor Sam Brownback signed House Bill 2615 into law on Friday, May 13, 2016. HB2615 includes provisions for the licensure of acupuncturists in the state of Kansas.
Treating Hip & Groin Pain With Abdominal Release of Upper Lumbar Nerve Impingements
Have you encountered patients with groin and hip pain you can't seem to solve? You know it's not a worn-out hip; you suspect the pain is somehow connected to the spine. But somehow, you just can't help them break through.
Multivitamin Supplement May Reduce Breast Cancer Recurrence
There is a great deal of controversy regarding the value of multiple vitamin supplements in cancer prevention.
Chronic Pain: Become Part of the Solution
I have lectured to more than 7,000 chiropractic physicians over the past five years regarding the chronic pain and opioid epidemic in this country.
Three Tips to Help You Analyze the Acupuncture Case Studies of the NCCAOM Exam
Confirm the answer quickly by the elimination method. Case study:
After two treatments for back pain, a patient presents for a third
session complaining of rapid breathing and wheezing that is made worse
during cold weather.
Tai Chi Documentary Premier
First Run Features recently announced the world theatrical premiere of Barry Strugatz's documentary The Professor: Tai Chi's Journey West, which premiered last month at the Laemmle Music Hall in Los Angeles.
April, 2007, Vol. 07, Issue 04
Are You Under Contract?
By Jenn Sommermann, LCMT
Unfortunately, it's still not the norm for massage business owners to have employment contracts with their massage therapists. Although things are changing and employers are more informed than ever, the average business owner still does not protect themselves or their staff with a written contract.We previously have been a more lax profession and our personalities, by nature, are trusting and friendly. However, as our industry has become more professional and our business training savvier, we are starting to understand how important a working contract is. A handshake won't do the trick anymore. Every massage therapist should have a contract, either as an independent contractor or employee.
I wish I could tell you this is preventive in nature, and for the most part it is. But, as a business teacher and coach, I hear too many stories that prove how important this concept is. I was inspired to write this article because a former student called with his "nightmare story." It seems an entire staff of massage therapists was fired because they wrote a letter of complaint about a recent promotional venue at the spa at which they were employed. The spa offered a 50 percent discount during a two-week period, and the cut came strictly from the therapists' pay. When the therapists wrote a letter and complained, a meeting was called. That same day, the therapists (I think there were 10) were questioned, fired and told to vacate the premises immediately. My former student called me to discuss if this was legal. I asked, of course, if there was a contract.
The good news is that he said there was a contract, sort of. It came in the form of a 38-page handbook for employees. However, nothing was negotiated and there was no room for discussion. It was a "take it or leave it" handbook and had to be signed by the employee. There also was a clause in it stating the employer had the right to change things as they saw fit. The bad news is it wasn't really a contract and did not have the "right" information in it to support both the employer and the therapist. A truly fair contract will support and protect both parties.
I can't stress how important a contract is, as a starting place for negotiation and as a concrete design of what the working relationship and model will be for the duration of employment.
Here is where it went wrong. First, there was, in fact, information about promotions. However, it only stated that the establishment had the right to run them. There was no description about how they would impact the therapist or their pay. Often, promotions are run and the house takes the hit, or a combination of the house and therapist will be affected. If the massage therapist were to assume the entire financial burden, wouldn't you want to know that going into the job? That is not to say you wouldn't work for someplace that assigned the financial burden to you. Rather, the information would be helpful so you could budget and/or plan your finances. Perhaps you rely on other sources of income and two weeks of a pay cut are fine, if it brings in more volume and is good for business. The converse side is, if you rely completely on this one paycheck for your personal finances, this could be a problem. Maybe you could not afford such a change in salary. Either way, knowledge is power and it would be helpful to know for future financial planning.
Second, there should have been a paragraph detailing termination agreements. If the business owner wants to fire you and end your job immediately, that is their right, but it should be in writing. Similarly, what if you are not happy? Are you allowed to walk, or are you obligated to give some notice? I am not an advocate for walking off the job. I always think the right thing to do is give at least two weeks notice. Whatever you and your employer decide, it should be detailed in the contract. Wouldn't it be helpful to know these things before you start working someplace?
Lastly, how are disputes handled at places of employment? A good contract will detail this in the unfortunate event that it happens. How stressful is it to think you cannot have a voice at your place of employment for fear of losing your job? If something like this were made clear in the contract/handbook, perhaps there would have been a forum to vent their grievances instead of everyone being fired.
There are many other topics I would suggest for an employment contract. And when it comes to contracts, the more information there is the better. Take any uncertainty out of the employment situation and detail the working relationship and model as much as possible. I have detailed three topics for you, given the unfortunate example from my student. In addition, I have named the other two on my Top 5 and provided this list for your reference.
Topics for written working contracts:
This is not an exhaustive list, but it is a start. I strongly suggest you get your hands on The Business of Massage by the American Massage Therapy Association and use it as a resource. It's an excellent book you will use for years to come. As ambassadors for the field, we must encourage employers to have working contracts. If they don't, suggest it. Be proactive. Draw one up yourself. If they don't like it or won't sign it, ask yourself, "Do I really want to work here?"
Above all, protect yourself and stay focused.
Click here for previous articles by Jenn Sommermann, LCMT.
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