Court Finds Physician Assistant Does Not Qualify for Professional Exemption

[physio]

Court Finds Physician Assistant Does Not Qualify for Professional Exemption

 

Most hourly-paid PAs I've talked to don't get 1.5x overtime for hours worked over 40... Perhaps they should?

[DizzyJ]

There was a post about this a couple years ago perhaps....I think many of us agreed with this, but there were a few that thought it was a bad thing because we should be exempted just like physicians.....I'm totally for it, because I'm hourly and do get paid 1.5x

[EMEDPA]

I got 1.5x + shift differentials when I worked for a major hmo but all of my 3 current jobs for independent er groups pay straight pay to docs and pa's. I do get a $5/hr night differential which the docs don't get though.

[rcdavis]

I think this is big news. In 2007 the 9th court held that PAs were not exempt, and a California PA REAPED IN SEVERAL years of OT ( sorry, iPad caps lock). Several medical management companiescare now asking their PA independent contractors to become plc or llc, and then pay those corporations directly.. I think in an efforts to avoid just these rulings.

 

Keep close track of your hours!

 

And, as it looks like the court's reasoning ( clumping PAs with pharmacists,PT s, etc.. " serving the medical profession") seems solid, it may well be that we will become at best eligible for 1.5x rate for hrs >40 hrs/ wk, at worse will be restricted to < 40 hrs/ wk.

 

Will be extremely interesting to see how the courts will classify NPs.

[rpackelly]

The court said in its holding that nurses, psychologists, and a bunch of others were not exempt if they were paid hourly. However, PAs can be on salary and be exempted because of that criterion. So, I think nurse practitioners would also be non-exempt if they are not on salary.

 

 

 

 

 

I think this is big news. In 2007 the 9th court held that PAs were not exempt, and a California PA REAPED IN SEVERAL years of OT ( sorry, iPad caps lock). Several medical management companiescare now asking their PA independent contractors to become plc or llc, and then pay those corporations directly.. I think in an efforts to avoid just these rulings.

 

Keep close track of your hours!

 

And, as it looks like the court's reasoning ( clumping PAs with pharmacists,PT s, etc.. " serving the medical profession") seems solid, it may well be that we will become at best eligible for 1.5x rate for hrs >40 hrs/ wk, at worse will be restricted to < 40 hrs/ wk.

 

Will be extremely interesting to see how the courts will classify NPs.