Jump to content

Recommended Posts

Testing the water here is anyone getting overtime for UC work in CA. My employer says that PA-s do not qualify. I read the law and well still unsure. Anyone know anything about this?

 

Thanks.

Share this post


Link to post
Share on other sites

I worked at an urgent care where they also don't pay overtime even though it's an hourly position. One of my PA colleagues said they get around it by calling us "managers". I would also love a definitive answer on this if anyone knows. I did some research but it's so confusing with us being exempt professionals and having alternative work weeks, etc.

I am now working at a different UC where we do get OT pay.

Share this post


Link to post
Share on other sites

My understanding of CA labor law is that all hourly employees unless they are 1099 are eligible for overtime. In order to be exact you have to be in a supervisory role which means that you have direct reports who you have the ability to hire or let go.

 

I also get paid hourly with straigtime and no OT at UC. I believe that they are breaking CA labor laws. At least this what my previous 12 years of business management experience tells me, I could be wrong as I'm new to the world of medicine and I'm unaware of any exceptions.

 

I've seen a law firm on Facebook asking PAs to join for class actions regarding this topic.

Share this post


Link to post
Share on other sites

If you are an employee and get w-2 california states you need to get overtime after 8 unless you make productivity that make up for OT pay.

 

Sent from my SAMSUNG-SM-N920A using Tapatalk

Share this post


Link to post
Share on other sites

CEP is one of the largest EM/UC groups in CA, I work UC per diem and 5 of my PA school classmates work for them FT, and they pay OT.

 

Unless you work for a higher rate than we do and its calculated in as salary. Which isn't unheard of.

Share this post


Link to post
Share on other sites

If you are hourly, you must be paid overtime.  This can be based on working over 8 hours or working over 10 hours (The 10 or 12 hours falls under "alternative work week" and is used for healthcare industry which often work 10-12hr shifts).  At my full time job we are based on 8 hour shifts and OT for over 8 hours.  At my urgent care job the shifts are 10 hours and OT comes after 10.  There was a group of PA/NP that sued there employer years ago and this defined that we do not fall under the EXEMPT status if hourly.  

 

http://www.dir.ca.gov/dlse/faq_overtime.htm

 

https://www.dir.ca.gov/t8/11040.html

Share this post


Link to post
Share on other sites

My understanding was that overtime kicked in after 40 if you are doing shift work, but unless you are salary, over 40 should be OT.

  • Upvote 1

Share this post


Link to post
Share on other sites

According to FLSA federal law, if a PA is paid an hourly wage they must be paid overtime.  Hours over 40 per week (or 80 per two weeks if hospital based) are subject to overtime.  This is not a state by state law - this is federal law.  Here is the link to the AAPA's page about it.....

 

https://www.aapa.org/twocolumn.aspx?id=2796

 

Salaried employees are different and are not required to be paid overtime.

 

That being said, I know a LOT of places that shadily skirt around the law.  

 

Honestly - I hate this law. I wish hourly employees could be exempt from the OT law. I know that sounds counter intuitive but in the UC I am at - we are not allowed to work OT.  So we can't shift trade outside of a working week, we can't pick up an extra shift when your car needs repairs, etc.  I find the law to be a giant pain the ass.  In contrast - the docs work a straight hourly pay no matter how many hours they work so they can work as many shifts as they want and arrange them within a month however they want (ie. 12 shifts in 2 weeks then 2 weeks off).

Share this post


Link to post
Share on other sites

In California it is over 8 (or 10/12) AND over 40 hours per week.  I have not worked over 40 hours myself, but if I worked 9 hours every day and picked up an additional shift I would get paid overtime 1 hour each day and then overtime for hours in excess of 40 based on my 8 hr day.  I don't believed the hour paid overtime already is included in the 40 hour calculation.  

Share this post


Link to post
Share on other sites

I think my new employer may be paying me OT on accident?

 

I work in ER and I am paid hourly and In my contract it says "This position is categorized as exempt and no overtime pay will be paid for this position".

 

Then when I looked at my last paystub and I am apparently getting OT for every hour I work past 8 hours for my scheduled 10 hour shifts. I am not exactly sure about California law regarding this...

 

Is this a mistake? Should I contact accounting? Are they entitled to take away my money at a later date?

Share this post


Link to post
Share on other sites

If you are hourly, you must be paid overtime.  This can be based on working over 8 hours or working over 10 hours (The 10 or 12 hours falls under "alternative work week" and is used for healthcare industry which often work 10-12hr shifts).  At my full time job we are based on 8 hour shifts and OT for over 8 hours.  At my urgent care job the shifts are 10 hours and OT comes after 10.  There was a group of PA/NP that sued there employer years ago and this defined that we do not fall under the EXEMPT status if hourly.  

 

http://www.dir.ca.gov/dlse/faq_overtime.htm

 

https://www.dir.ca.gov/t8/11040.html

 

 

You bring up good points. BUT

 

This case law is dependent upon the FEDERAL jurisdiction where the court decided.... some places in the US we are hourly and entitled to OT - others not so....

 

I tend to think back to the LOGIC of it.... in UC or ER you working overtime is generating MORE money for the company - while they do not have carry additional employees. We truly are just a factory worker equivalent. If they could have a single PA work 24x7x365 they could save all the benefit payments to their entire staff...... (exaggerated example but proves a point).

 

So I truly beleive that logically a PA working over 40 hours where their is additional billing generated for the employer should be paid at 50% overtime rate..... YMMV

  • Upvote 1

Share this post


Link to post
Share on other sites

You bring up good points. BUT

 

This case law is dependent upon the FEDERAL jurisdiction where the court decided.... some places in the US we are hourly and entitled to OT - others not so....

 

I tend to think back to the LOGIC of it.... in UC or ER you working overtime is generating MORE money for the company - while they do not have carry additional employees. We truly are just a factory worker equivalent. If they could have a single PA work 24x7x365 they could save all the benefit payments to their entire staff...... (exaggerated example but proves a point).

 

So I truly beleive that logically a PA working over 40 hours where their is additional billing generated for the employer should be paid at 50% overtime rate..... YMMV

 

 

 

I would be concerned for him that they would try and take the OT money back in some large chunk......

Share this post


Link to post
Share on other sites

I would be concerned for him that they would try and take the OT money back in some large chunk......

 

 

would never happen that way

 

they can't take is back for monies already paid,   but the state/fed's can fine them for not paying it when it is due....

  • Upvote 1

Share this post


Link to post
Share on other sites

would never happen that way

 

they can't take is back for monies already paid,   but the state/fed's can fine them for not paying it when it is due....

 

 

Gotcha

Share this post


Link to post
Share on other sites

I'm salary and exempt in a surgical position. Base salary plus 10% of collections. I usually work 40-45 hours/week (8-9hr/day, M-F), but there are some day when I'll work over 10 hours and some I will leave after 7. I'm guessing this is legal, I am in California.

Share this post


Link to post
Share on other sites

The 40 hours a week rule is federal. I believe California has an 8 hous per day rule as well.

 

 

this is incorrect

 

These "Decisions" are actually based on case law in each federal court jurisdiction and sometimes we are consider "like physicians" whom are specifically exempted from OT pay, and sometimes we are not.

 

There is no LAW that mandates any of this

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...

Important Information

Welcome to the Physician Assistant Forum! This website uses cookies to ensure you get the best experience on our website. Learn More