TWR Posted September 14, 2016 Share Posted September 14, 2016 Does anyone know if as a PA in Texas we are entitled to overtime pay? Who is considered a "professional" and exempt from this? Link to comment Share on other sites More sharing options...
GetMeOuttaThisMess Posted September 14, 2016 Share Posted September 14, 2016 I'm "exempt" status at my position. I've never been paid for overtime in any position (at least in cash). This being said, I am "volunteering" next weekend to attend a health fair sponsored by my employer and I've been told that I'll get paid for however long I stay (two hours at present and I'll see how it goes). Dr. Google says exempt are not entitled to OT pay. Link to comment Share on other sites More sharing options...
TWR Posted September 14, 2016 Author Share Posted September 14, 2016 After posting my question, I went on line to check in Texas for PAs and NPs and if we are paid hourly as opposed to salaried then we are NOT exempt and must be paid OT at 1 1/2 our hourly rate. Google and check yourself. There was a case in Tyler TX where a facility was sued by PAs and NPs for non payment of OT. The 5th circuit court ruled that they were entitled to OT and did not fall under the exemption for professionals. Link to comment Share on other sites More sharing options...
GetMeOuttaThisMess Posted September 14, 2016 Share Posted September 14, 2016 You specified the difference in your statement by commenting on hourly pay status. Mine have always been salaried positions aside from EM years ago. There were no OT provisions since you're paid for hours worked. Link to comment Share on other sites More sharing options...
mgriffiths Posted September 14, 2016 Share Posted September 14, 2016 Yeah, it all depends on how your compensation is set up when you are hired (or renegotiate). If you are salaried, then you are compensated for completing your work no matter how long it takes. If you are paid hourly, then you get paid a rate for every hour worked. Salaried positions lend themselves to the worker becoming more and more efficient. BUT!!!! I have had salaried positions (not PA jobs yet as I am still a student for three more months) that have included OT pay for things that were added to my job description. It all depends on how the work-compensation agreement is set up. Link to comment Share on other sites More sharing options...
jcash Posted September 14, 2016 Share Posted September 14, 2016 I'm in AZ we get OT over 40 hours. But I'm an hourly employee. We also have facilities in TX so I would assume that it would be the same there Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Administrator rev ronin Posted September 14, 2016 Administrator Share Posted September 14, 2016 I'm in Washington, and hourly, and my contract specifies time-and-a-half for >80 hours per two week pay period. I've gotten overtime a couple of times after we had an unexpected provider departure a year ago, but that clause is mostly there to make sure I don't regularly have to work more than 40 hours per week, while allowing some flexibility for hours shifting from one week to the next should a situation arise where I needed to. Link to comment Share on other sites More sharing options...
DogLovingPA Posted September 14, 2016 Share Posted September 14, 2016 Per FLSA guidelines, if PA's are paid hourly then they must be paid overtime. If paid salary or "per job", then they are exempt from OT. The AAPA used to have a link to this info on their site, not sure if it is still there. Link to comment Share on other sites More sharing options...
Katera Posted September 14, 2016 Share Posted September 14, 2016 In Texas, get paid hourly, and absolutely get overtime. Another reason why I will never take another Salary job. Salary medical jobs will eat you alive in the wrong setting. Link to comment Share on other sites More sharing options...
Lauren R Posted September 14, 2016 Share Posted September 14, 2016 I live in Pennsylvania so I'm not sure how the pay differs from Texas, but I get paid straight-time overtime. Link to comment Share on other sites More sharing options...
loliz Posted September 15, 2016 Share Posted September 15, 2016 In Texas, exempt employees are by definition guaranteed full time pay (80 hrs) even if you work less than this, time over 80 hrs can be paid as straight hourly or not at all but no requirement to pay time and a half. Non-exempt employees do not have guaranteed minimum pay, but will be paid time and a half for any time over 80 in a pay period. PAs can be exempt or non-exempt, it just depends on what your pay agreement is when you take a position. This might be federal labor law, not based on state... Link to comment Share on other sites More sharing options...
TWR Posted September 15, 2016 Author Share Posted September 15, 2016 Non exempt would be hourly pay. Exempt would be salaried. Link to comment Share on other sites More sharing options...
IDCtoPA Posted September 15, 2016 Share Posted September 15, 2016 The Fair Labor Standards Act which governs the requirement for Overtime Pay is a Federal Law. It is not dependent on state laws. It applies equally in every state. The basic rule is that Hourly workers are entitled to Overtime based on specific guidelines triggered at either 40 hours per week or 80 hours per two weeks depending on the specific position and scheduling proceedures. This is explained well on AAPA website here: https://www.aapa.org/twocolumn.aspx?id=2796 Salaried workers are ALSO entitled to overtime if they make less than $913/week or $47,476/year. (This $$ is as of Dec 1, 2016 and will index annually). The 2016 updates can be found here: https://www.dol.gov/whd/overtime/final2016/overtime-factsheet.htm AAPA has a great breakdown of how it applies to PAs but it has not been updated to reflect the 2016 numbers. You can find it here: https://www.aapa.org/twocolumn.aspx?id=2796 Link to comment Share on other sites More sharing options...
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