Nurse Practitioners and Physician Assistants Entitled to Overtime Pay

Jeremi Young
Jeremi Young
Contributor
Posted by Jeremi YoungMarch 28, 2006 4:34 PM

The Fifth Circuit court of Appeals has ruled that Nurse Practitioners ("NPs") and Physician Assistants ("PAs") who are paid on an hourly basis are entitled to overtime compensation for hours worked over 40 in a workweek.

In June Belt, and others, versus EmCare, Inc and Texas EM-I Medical Services, P.A., a group of NPs and PAs sued claiming that their employer was violating federal law by classifying them as exempt and failing to pay them additional compensation for overtime hours worked. EmCare claimed that its NPs and PAs were exempt from the overtime requirements of the Fair Labor Standards act under the "professional" exemption.

The court focused heavily on whether NPs and PAs were engaged in the practice of medicine and on an interpretive bulletin from the Department of Labor saying this exemption does not apply to PAs or NPs unless they are paid on a salary basis.

3 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

ARTHUR ASKEW, PA-C
Posted by ARTHUR ASKEW, PA-C
May 30, 2006 9:30 AM

PA-Cs have now become what we as the older PA-Cs did not want. we started this profession and worked for pesanuts to establish a name as a caring not for profit group to aid all those individuals who did not have access to nedical care. We have now become the new doctor breed of the greed block where money not care becomes the constant issue. We should have never started the PA group if we had known then what PA-C would become now.

D. Ballard, PA-C, MPH
Posted by D. Ballard, PA-C, MPH
May 31, 2006 4:32 PM

Last time I checked, Mr Askew, even those who work at McDonald's are entitled to fair compensation - this includes overtime for hours worked in excess of 40/wk. Why is it for those of us who have sacrificed to achieve a higher level of education, care on a daily basis for those in need, and are caring and compassionate practioners - as well as excellent employees, always thought of last when it comes to pay raises, promotions and respect? The overtime ruling is one small step to leveling the playing field and allowing PA's the fairness and equity we all deserve.

Therese KOssuth, PA-C
Posted by Therese KOssuth, PA-C
June 03, 2006 10:02 PM

I am also pleased to hear the court rule in favor of the employee. Now that there is the restrictiotn for the number of hours a medical resident can work= no more than 80 hours= the PA/NP may be asked/forced to pick up the gap. I have no problem doing my share and even helping out to cover the hole due to lack of a resident, but I also would want to receive appropriate compensation. Profesionalism should be a partnership and yes the patient needs to come first, but the PA/NP should not be forced to shoulder the enitre load. I beleive this strengthens our professional position.

Comments for this article are closed.

Subscribe to InjuryBoard Dallas

InjuryBoard Dallas RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Dallas is brought to you by Rasansky Law Firm

Legal Assistance Center

More Info
Rasansky Law Firm 866-735-1102 Ext. 520 www.jrlawfirm.com
google
Personal Injury Lawyers Serving: Dallas, Plano, Richardson, Irving, Frisco, Carrollton, Mesquite, Garland, Allen, Arlington, Denton, Fort Worth, Frisco, Garland, Grand Prairie, McKinney, Amarillo, Austin, Houston, Hurst, Euless, Bedford
2525 McKinnonSuite 625, Dallas, Texas 75201 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address